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Copyright
Fair Use
Random
Scenarios 1
100
Is it legal to use someone else's image if the CMI (copyright management information) has been removed?
No - it is not legal. You can be fined for removing CMI or using an image on which it has been removed.
100
Is fair use a law or a defense to copyright law?
More of a defense. It is not the law, just an exception to copyright law.
100
True or False: using a copyrighted factual work is generally (not always) more likely to be permitted under fair use than a fictional or creative work.
True.
100
Shawn downloads a funny video off of youtube and wants to upload it to his personal website. The video contains no copyright information. Is this legal?
No - just because it doesn't contain copyright information doesn't mean it's not copyrighted. It is illegal to use someone else's work without proper permission.
200
What does CMI stand for and what is the definition? (must answer both to get full points)
CMI stands for Copyright Management Information. It is the copyright information for a copyrighted work (like title, copyright notice, date, author's name, etc). Copyright owners have the right to sue someone if they remove the CMI from their work.
200
Fair Use Factor 3 discusses the "amount" of the copyrighted work that is allowed to be used. Is there a particular "amount" of a copyrighted work that is always okay to use or does it depend?
It depends. There is no set number of words in an article, seconds from a movie, etc. that you are permitted to use. It varies.
200
If you do not profit (make money) from a copyright infringement can you still be sued for damages?
Yes. It's still stealing someone else's work. Keep in mind it may affect the copyright owner's market and they could lose money.
200
Mr. Jones purchases a copy of computer software for use at home. Because it is a very helpful program he brings the copy of his software to school and puts it on 5 classroom computers. Would this probably be considered okay under fair use?
This would most likely not be considered fair use, even though it's for "educational" purposes. The license he purchased at home was for one computer and copying it to multiple computers would infringe on the copyright (as well as cause the software company to lose money if many people did this).
300
Is copyright notice required?
No. Since 1989 it is no longer required (once the work is in tangible form it is automatically copyrighted). Notice is recommended though because it is required before filing a claim on copyright infringement.
300
True or False: Parodies and news reports are generally not infringing on copyright law under fair use.
True. Parodies, news reports, information used for instruction in education, and criticism (analyzing/reviewing a work, book, etc.) are often times (but NOT always) allowed under fair use.
300
If a work does not have the copyright symbol beside does it mean it's in the public domain?
No. It is still a work created by someone. Unless it is in the public domain you need to obtain permission from the copyright owner.
300
Janene wants to copyright her recipe for brownies. Can she do this?
Generally recipes, methods, names, etc. are not copyrighted. A slogan or title that represents a company can be trademarked (so if she owned a brownie company and wanted to make her slogan "Brownilicious" she could trademark it). A new invention can be patented (so if she came up with a new, scientifically different type of special brownie she could try to have it protected by a patent).
400
What does OWA stand for and what does it mean?
OWA stands for original works of authorship. It means that something created is an "original" work of the author (which means it is protected by copyright).
400
True or False: If you use something under "fair use," you are safe from lawsuits, even if the copyright owner disagrees with your interpretation of fair use.
False. Again, fair use is not a law, just a defense to the law. It is subjective and open to interpretation (Just because you think it's fair use doesn't mean the copyright owner and judge will think the same way).
400
What is the idea behind Scenes a Faire?
Sometimes two things (for example, a photograph of the Eiffel Tower) may look the same because of the nature of the object. This is usually not considered a copyright infringement (likeness in other things, however, like songs is different).
400
Which of the following is NOT a copyright infringement? A - A teacher making a photocopy of a single cartoon as part of a student worksheet which is then copied 25 times and distributed to a class. B - A teacher scanning in a single cartoon to put on his or her web site. C - A teacher including a cartoon in a Power Point presentation to be given at a conference, without the permission of the author of the cartoon.
A - because it is used as part of instruction in the confines of a classroom and face to face teaching. B and C are allowing the cartoon to be displayed "publicly" and not in a direct instructional setting which requires permission from the copyright owner.
500
John uploaded a copyrighted video illegally to Facebook. The owner of the video is suing John for misuse. Section 512 of the Digital Millennium Copyright Act (DMCA) offers what protection for Facebook (the online service provider) if Facebook followed the "notice and take-down" procedures?
Safe Harbor
500
Tom is using a copyrighted picture on his band's poster which he did not receive prior permission to use. He did, however, credit the author of the picture and left the copyright management information on the image. This is okay under fair use.
No - this is not okay. Giving credit to the copyright owner is not the same as getting permission/a license. Tom can still get in trouble. Bad decision, Tom.
500
Which of the following is in the public domain? A - a book published in 1923 B - a book published in 1980 by an author who died last year C - The song Happy Birthday D - The Senate Proceedings from 1998 (You may want to use the internet to help you with this one)
D - Government works are in the public domain. A book published n 1923 was not published before 1923. A book in 1980 has the author's lifetime plus 70 years of copyright. The song Happy Birthday copyrighted in 1935 and will not be in the Public Domain until 2030 (why else would Texas Roadhouse sing their cheesy birthday song instead of the real deal)?
500
Josh is using 21 words from the song "Firework" by Katy Perry as a quote in one of his research papers for his psychology class. Is this considered fair use?
Most likely it would be. Using it for a research paper and only a portion of it would most likely make it fair use