Business Law Final Exam Questions With Accurate Answers
What is the source for copyright and patent law? - correct answer -The constitution, and federal law.
Copyright is 99.9% federal
What is the source of trademark law? - correct answer -A combo of federal and state law
What is the source of trade secret law? - correct answer -Primarily state law
What is one of the enumerated powers given to congress? - correct answer -to write copyright and
patent law
What did the copyright law of 1790 stipulate? - correct answer -Copyright law applied to books, maps,
and charts. This lasted for 14 years and had 1 renewable term of another 14 years of coverage (with
economic viability)
What happens when a copyright expires on a work? - correct answer -It becomes part of public domain
What two different copyright schemes had been tried in 1790? - correct answer -Natural and statutory
copyright interest
Natural copyright interest is? - correct answer -It belongs to the creator of the work and it last forever
statutory copyright interest? - correct answer -a copyright interest that last for a period of time
according to a statute
How long does a copyright last as of Jan. 1, 1978 (based on 1976 act)? and when will the songs fall in the
public domain? - correct answer -Life of the artist plus 50 years
What coverage does the copyright law of today grant the work? - correct answer -life of the artist plus
70 years
What does the copyright act of 1976 cover for copyright? - correct answer -literary works, musical
works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works,
motion pictures and other audiovisual works, sound recordings, and architectural works
What did the Sonny Bono Copyright Term Extension Act of 1998 aka the Mickey Mouse extension act do
for copyright - correct answer -It added 20 years to the posthumous 50 year coverage
Added an additional 20 years to works that were copyrighted at the time.
For joint authored works how long does the copyright last? - correct answer -it begins after the longest
living artist on the work
What song is still held to copyright and not performed in restaurants? - correct answer -The Happy
birthday song
,What was the constitutional challenge to the Sonny Bono copyright extension act of 98? - correct
answer -Eldred v Ashcroft case
challenged the idea of adding 20 more years to copyrighted works at that time as unconstitutional b/c
the enumerated powers clause comes with preferential language. Argument was the only enumerated
powers clause that spells out what the purpose of what the charge was "to promote sciences"
Works created in 1923 and before are now - correct answer -apart of the public domain, but after that
point are not in public domain
Who brought the lawsuit in the Eldred v Ashcroft case? - correct answer -People that had interest in
expanding the public domain
how does giving 20 years to a work whose creator died a long time ago promote the progress of arts and
sciences? - correct answer -It doesn't
What did the supreme court decide in the Eldred v Ashcroft case? - correct answer -Congress can decide
what limited time is in this case, so congress has the final say so on the case
Why was the first stipulation of the sonny bono act not challenged in this case? - correct answer -
Because it incentivizes (promote arts and sciences) for new writers to create works, by extending
copyright protection
Under the copyright law today, what do you have to do to get a federal copyright law interest? - correct
answer -Fix your work in a tangible medium (hence the reason federal copyright is 99.9% federal)
The old copyright law (copyright act of 1909) was in effect until - correct answer -Jan 1 1978
under the 1909 copyright law, when is a work protected? - correct answer -Protected once the work was
published
If you think down the line you may be interested in pursuing an infringement case then you must... -
correct answer -Get the work registered with the copyright office prior to when a case would occur
particularly when the work is first created
What rights do the owners of copyrights have? - correct answer -The right to sell
lend,
lease
reproduce
rent
perform
display
prepare derivative works
What are derivative works? - correct answer -sequels, language translations, movies, and plays
Copyright law protects __ not__ - correct answer -EXPRESSION OF AN IDEA *NOT* Ideas
Patent law protects - correct answer -the *underlying* idea itself
, What is section 106 of the copyright act? - correct answer -Gives all the rights to the owner of the
copyright with exceptions found in section 107
What is section 107 of copyright act? - correct answer -Fair use
Which includes the following:
for criticism, comment, news reporting, teaching, scholarship, or research
What are the factors of fair used to be determined in a court case?
And what do they determine? - correct answer -The purpose of non profit education
the nature of the copyrighted work
the amount and sustainability of the work used
the effect of use upon potential market for value of the work
Used for the court to determine if a fair use claim is actually present in a case
If i'm a teacher charging $650 per student for independent weekend courses and i give out copies of a
copyrighted article, do i have a strong fair use case? - correct answer -No, because you make a profit
from the class. But if you do this while teaching at a non profit university it's ok
Can facts be copyrighted? - correct answer -facts are not copyrightable
Anytime anyone gets sued for copyright infringement, what is going to be their first argument? - correct
answer -Fair use
What was the significance of the Dan Brown suit about Jesus? and what is this case an example of? -
correct answer -He was the author of The DaVinci Code, and an academic tried to sue him for taking the
idea he presented that Jesus had descendants but couldn't because it was presented as academic work,
that made his story fact.
Example of the nature of a copyrightable work; cant copyright facts
What is an example of an "effect on potential market value of the work?" - correct answer -If Kinko's
created course packs for students with sections of multiple textbooks, that would affect the market for
publishers of textbooks
What does section 117 of the copyright law stipulate? - correct answer -copyright law permits one
backup copy of *software* to be created for archival purposes
Why did congress pass sec. 117 of the copyright law? - correct answer -if you left a disk in a hot car all
day, it may warp the disk and you can't use it anymore, therefore they allowed archival copies
Can you give a friend your archival copy of a copyrightable work? - correct answer -Not under copyright
law
What is the source for copyright and patent law? - correct answer -The constitution, and federal law.
Copyright is 99.9% federal
What is the source of trademark law? - correct answer -A combo of federal and state law
What is the source of trade secret law? - correct answer -Primarily state law
What is one of the enumerated powers given to congress? - correct answer -to write copyright and
patent law
What did the copyright law of 1790 stipulate? - correct answer -Copyright law applied to books, maps,
and charts. This lasted for 14 years and had 1 renewable term of another 14 years of coverage (with
economic viability)
What happens when a copyright expires on a work? - correct answer -It becomes part of public domain
What two different copyright schemes had been tried in 1790? - correct answer -Natural and statutory
copyright interest
Natural copyright interest is? - correct answer -It belongs to the creator of the work and it last forever
statutory copyright interest? - correct answer -a copyright interest that last for a period of time
according to a statute
How long does a copyright last as of Jan. 1, 1978 (based on 1976 act)? and when will the songs fall in the
public domain? - correct answer -Life of the artist plus 50 years
What coverage does the copyright law of today grant the work? - correct answer -life of the artist plus
70 years
What does the copyright act of 1976 cover for copyright? - correct answer -literary works, musical
works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works,
motion pictures and other audiovisual works, sound recordings, and architectural works
What did the Sonny Bono Copyright Term Extension Act of 1998 aka the Mickey Mouse extension act do
for copyright - correct answer -It added 20 years to the posthumous 50 year coverage
Added an additional 20 years to works that were copyrighted at the time.
For joint authored works how long does the copyright last? - correct answer -it begins after the longest
living artist on the work
What song is still held to copyright and not performed in restaurants? - correct answer -The Happy
birthday song
,What was the constitutional challenge to the Sonny Bono copyright extension act of 98? - correct
answer -Eldred v Ashcroft case
challenged the idea of adding 20 more years to copyrighted works at that time as unconstitutional b/c
the enumerated powers clause comes with preferential language. Argument was the only enumerated
powers clause that spells out what the purpose of what the charge was "to promote sciences"
Works created in 1923 and before are now - correct answer -apart of the public domain, but after that
point are not in public domain
Who brought the lawsuit in the Eldred v Ashcroft case? - correct answer -People that had interest in
expanding the public domain
how does giving 20 years to a work whose creator died a long time ago promote the progress of arts and
sciences? - correct answer -It doesn't
What did the supreme court decide in the Eldred v Ashcroft case? - correct answer -Congress can decide
what limited time is in this case, so congress has the final say so on the case
Why was the first stipulation of the sonny bono act not challenged in this case? - correct answer -
Because it incentivizes (promote arts and sciences) for new writers to create works, by extending
copyright protection
Under the copyright law today, what do you have to do to get a federal copyright law interest? - correct
answer -Fix your work in a tangible medium (hence the reason federal copyright is 99.9% federal)
The old copyright law (copyright act of 1909) was in effect until - correct answer -Jan 1 1978
under the 1909 copyright law, when is a work protected? - correct answer -Protected once the work was
published
If you think down the line you may be interested in pursuing an infringement case then you must... -
correct answer -Get the work registered with the copyright office prior to when a case would occur
particularly when the work is first created
What rights do the owners of copyrights have? - correct answer -The right to sell
lend,
lease
reproduce
rent
perform
display
prepare derivative works
What are derivative works? - correct answer -sequels, language translations, movies, and plays
Copyright law protects __ not__ - correct answer -EXPRESSION OF AN IDEA *NOT* Ideas
Patent law protects - correct answer -the *underlying* idea itself
, What is section 106 of the copyright act? - correct answer -Gives all the rights to the owner of the
copyright with exceptions found in section 107
What is section 107 of copyright act? - correct answer -Fair use
Which includes the following:
for criticism, comment, news reporting, teaching, scholarship, or research
What are the factors of fair used to be determined in a court case?
And what do they determine? - correct answer -The purpose of non profit education
the nature of the copyrighted work
the amount and sustainability of the work used
the effect of use upon potential market for value of the work
Used for the court to determine if a fair use claim is actually present in a case
If i'm a teacher charging $650 per student for independent weekend courses and i give out copies of a
copyrighted article, do i have a strong fair use case? - correct answer -No, because you make a profit
from the class. But if you do this while teaching at a non profit university it's ok
Can facts be copyrighted? - correct answer -facts are not copyrightable
Anytime anyone gets sued for copyright infringement, what is going to be their first argument? - correct
answer -Fair use
What was the significance of the Dan Brown suit about Jesus? and what is this case an example of? -
correct answer -He was the author of The DaVinci Code, and an academic tried to sue him for taking the
idea he presented that Jesus had descendants but couldn't because it was presented as academic work,
that made his story fact.
Example of the nature of a copyrightable work; cant copyright facts
What is an example of an "effect on potential market value of the work?" - correct answer -If Kinko's
created course packs for students with sections of multiple textbooks, that would affect the market for
publishers of textbooks
What does section 117 of the copyright law stipulate? - correct answer -copyright law permits one
backup copy of *software* to be created for archival purposes
Why did congress pass sec. 117 of the copyright law? - correct answer -if you left a disk in a hot car all
day, it may warp the disk and you can't use it anymore, therefore they allowed archival copies
Can you give a friend your archival copy of a copyrightable work? - correct answer -Not under copyright
law
