Fanciful marks are the most distinctive of the trademark categories.
Answer
Correct Answer:
True
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A trademark and a copyright protect the same rights.
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Correct Answer:
False
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The U.S. Supreme Court has ruled that companies enabling people to download copyrighted music from the Internet likely are violating federal copyright laws.
Answer
Correct Answer:
True
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The fair use factor usually carrying the most weight is the impact of the unauthorized use on the market for the copyrighted work.
Answer
Correct Answer:
True
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The 1976 Copyright Act protects unpublished and published works.
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Correct Answer:
True
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Before a work’s creator may sue for copyright infringement, he or she ______.
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Correct Answer:
Must register the work’s copyright
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Federal laws and court rulings ______.
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Correct Answer:
Allow making copies of television programs and recordings for an individual’s personal use
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The U.S. Constitution ______.
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Correct Answer:
Gives Congress the power to adopt copyright and patent laws
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Fair use is ______.
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Correct Answer:
An exception that is part of the copyright law meant to allow society to learn about and comment upon copyrighted works
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Kim, a journalist during the day, writes a novel at night. Kim’s copyright on the novel will last ______.
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Correct Answer:
His life plus 70 more years
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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 ______.
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Correct Answer:
The TV station because the story is a work made for hire
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Sam writes a short story. As soon as the story comes out of Sam’s printer, it is ______.
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Correct Answer:
Fixed in original form
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Which of the following may be protected by copyright?
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Correct Answer:
News stories published in newspapers
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A work is copyrighted when it is ______.
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Correct Answer:
Original
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The United States ______.
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Correct Answer:
Agreed in the late 20th century to join the Berne Convention
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Vice products is the category includes alcohol, tobacco, firearms, sexually explicit materials and drugs.
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Correct Answer:
True
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Support of a claim with objective data or evidence is known as _____
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Correct Answer:
Substantiation
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Exaggerated but generally legal subjective advertising claims that no reasonable person would take literally,this statement is related to ______ .
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Correct Answer:
Puffery
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Native advertising is an advertisement designed to resemble the editorial content of the medium where they appear.
Answer
Correct Answer:
True
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A section permitting business competitors to sue one another for false advertising is known as ______ .
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Correct Answer:
Lanham Act
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The Federal trade Commission is a federal agency created in ______ .
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Correct Answer:
1914
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Deceptive advertising material claims made in the promotion, advertising or marketing of ______ that are likely to deceive consumers.
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Correct Answer:
Both a & b
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An advertiser to advertise or otherwise distribute information to correct false or misleading advertisement claims is known as ______ .
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Correct Answer:
Corrective advertising
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The copyright in a work made for hire belongs to the ______ .
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Correct Answer:
Employer
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The company has a financial interest in the infringement and the ability to control it is known as ______ .
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Correct Answer:
Vicarious infringement
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Transmit Clause is a part of the ______ Copyright Act that says broadcast networks.
Answer
Correct Answer:
1976
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Transformative use is the reuse of an original copyrighted work has transformed the work’s appearance
Answer
Correct Answer:
True
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Trademark is a _______ used to identify a company’s goods and distinguish them from similar products other companies make.
Answer
Correct Answer:
All of these
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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.
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Correct Answer:
True
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Tacking allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark.
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Correct Answer:
True
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A judge may award statutory damages even if a plaintiff is unable to prove actual damages, this statement is related to ______ .
Answer
Correct Answer:
Statutory damages
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The Statute of Anne is the first copyright law, adopted in ______ in 1710, protected authors’ works if the authors registered them with the government.
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Correct Answer:
England
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To obtain secondary meaning, the public must associate a word with a product’s source or producer, not the product.
Answer
Correct Answer:
True
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Safe harbor is the takedown notification provision of the Digital Millennium Copyright Act that protects _______ .
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Correct Answer:
Both a & b
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Red-flag knowledge is when an internet service provider or website is _______ that would make infringement obvious to a reasonable person.
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Correct Answer:
Aware of facts
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Public domain refers to creative materials that are not protected by intellectual property laws.
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Correct Answer:
True
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The legal category includes copyright, trademark and patent law is known as _____ .
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Correct Answer:
Intellectual property law
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Inducement is when a person or entity who does not _______ can be held liable for inducing others to infringe.
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Correct Answer:
Directly infringe
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Infringement is the unauthorized manufacture, sale or distribution of an item protected by ______ .
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Correct Answer:
All of these
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Once a copyright owner sells a copy of a work, the new owner may possess,this statement is related to _______ .
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Correct Answer:
First-sale doctrine
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A test courts use to determine whether using another’s copyrighted material without permission is legal or an infringement is known as _____ .
Answer
Correct Answer:
Fair use
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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.
Answer
Correct Answer:
U.S.Supreme Court
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Dilution using a famous trademark in a way that _______ the mark’s effectiveness in the market.
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Correct Answer:
Both a & b
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A work that is obtained from or created in relation to an original work is known as _______ .
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Correct Answer:
Both a & b
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An exclusive legal right used to protect intellectual creations from unauthorized use is known as ______ .
Answer
Correct Answer:
Copyright
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The participation in, or contribution to, the infringing acts of another person is known as ______ .
Answer
Correct Answer:
Contributory infringement
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Berne Convention is the primary international copyright treaty adopted by many countries in 1886 and by the _______ .
Answer
Correct Answer:
United States in 1988.
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