Protecting and Using Intangible Creations MCQ

1. Fanciful marks are the most distinctive of the trademark categories.

2. A trademark and a copyright protect the same rights.

3. The U.S. Supreme Court has ruled that companies enabling people to download copyrighted music from the Internet likely are violating federal copyright laws.

4. The fair use factor usually carrying the most weight is the impact of the unauthorized use on the market for the copyrighted work.

5. The 1976 Copyright Act protects unpublished and published works.

6. Before a work’s creator may sue for copyright infringement, he or she ______.

7. Federal laws and court rulings ______.

8. The U.S. Constitution ______.

9. Fair use is ______.

10. Kim, a journalist during the day, writes a novel at night. Kim’s copyright on the novel will last ______.

11. In the absence of a contract saying otherwise, the copyright for a news story written by a reporter regularly employed by a TV station belongs to ______.

12. Sam writes a short story. As soon as the story comes out of Sam’s printer, it is ______.

13. Which of the following may be protected by copyright?

14. A work is copyrighted when it is ______.

15. The United States ______.

16. Vice products is the category includes alcohol, tobacco, firearms, sexually explicit materials and drugs.

17. Support of a claim with objective data or evidence is known as _____

18. Exaggerated but generally legal subjective advertising claims that no reasonable person would take literally,this statement is related to ______ .

19. Native advertising is an advertisement designed to resemble the editorial content of the medium where they appear.

20. A section permitting business competitors to sue one another for false advertising is known as ______ .

21. The Federal trade Commission is a federal agency created in ______ .

22. Deceptive advertising material claims made in the promotion, advertising or marketing of ______ that are likely to deceive consumers.

23. An advertiser to advertise or otherwise distribute information to correct false or misleading advertisement claims is known as ______ .

24. The copyright in a work made for hire belongs to the ______ .

25. The company has a financial interest in the infringement and the ability to control it is known as ______ .

26. Transmit Clause is a part of the ______ Copyright Act that says broadcast networks.

27. Transformative use is the reuse of an original copyrighted work has transformed the work’s appearance

28. Trademark is a _______ used to identify a company’s goods and distinguish them from similar products other companies make.

29. Tarnishment is a poorly made or unsavory product using a mark similar to a famous trademark that could cause consumers to think less of the well-known product.

30. Tacking allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark.

31. A judge may award statutory damages even if a plaintiff is unable to prove actual damages, this statement is related to ______ .

32. The Statute of Anne is the first copyright law, adopted in ______ in 1710, protected authors’ works if the authors registered them with the government.

33. To obtain secondary meaning, the public must associate a word with a product’s source or producer, not the product.

34. Safe harbor is the takedown notification provision of the Digital Millennium Copyright Act that protects _______ .

35. Red-flag knowledge is when an internet service provider or website is _______ that would make infringement obvious to a reasonable person.

36. Public domain refers to creative materials that are not protected by intellectual property laws.

37. The legal category includes copyright, trademark and patent law is known as _____ .

38. Inducement is when a person or entity who does not _______ can be held liable for inducing others to infringe.

39. Infringement is the unauthorized manufacture, sale or distribution of an item protected by ______ .

40. Once a copyright owner sells a copy of a work, the new owner may possess,this statement is related to _______ .

41. A test courts use to determine whether using another’s copyrighted material without permission is legal or an infringement is known as _____ .

42. Paraging marks are trademarks considered immoral, disparaging or deceptive under the Lanham Act. Recently, the _______ has ruled that the First Amendment protects immoral and disparaging marks.

43. Dilution using a famous trademark in a way that _______ the mark’s effectiveness in the market.

44. A work that is obtained from or created in relation to an original work is known as _______ .

45. An exclusive legal right used to protect intellectual creations from unauthorized use is known as ______ .

46. The participation in, or contribution to, the infringing acts of another person is known as ______ .

47. Berne Convention is the primary international copyright treaty adopted by many countries in 1886 and by the _______ .