Copyright
This legal concept allows you to use copyrighted material for commentary, criticism, or parody.
What is fair use?
This type of mark is the strongest: it has no meaning except as a brand (e.g., “Kodak”).
What is a fanciful mark?
Every valid contract must include an offer, acceptance, and this.
What is consideration?
This business type requires no paperwork and is the easiest to start.
What is a sole proprietorship?
Theory that justifies copyright law by arguing that creators need legal protection and payment as motivation to keep producing art, books, and inventions.
What is the economic incentive theory?
This law allows copyright holders to demand removal of their content from online platforms.
What is the DMCA?
Trademark infringement is judged by this consumer-focused standard.
What is likelihood of confusion?
A contract where one party has all the control and the other has no obligation is called this.
What is an illusory promise?
This entity protects owners from liability and is common among content creators.
What is an LLC?
What’s the rule that stops someone from demanding more money for doing something they were already supposed to do under a contract?
What is the preexisting duty rule?
This element is required for a work to qualify for copyright: it must be original and _______.
What is fixed in a tangible medium?
This multi-factor test is used to determine whether one mark is likely to cause confusion with another.
What are the Sleekcraft factors?
This is what happens when one party retains the benefit of a deal after it’s already been made.
What is ratification?
This type of corporation is taxed twice, once at the company level and again on dividends.
What is a C-Corp?
What do we call something like a video or a song that multiple people can enjoy at once without taking it away from others?
What is a nonrivalrous good?
The first element of a copyright infringement claim.
What is valid copyright?
This kind of term cannot be trademarked at all because it’s too common.
What is a generic term?
This contract term prevents an artist from working with competing companies during the contract period.
What is an exclusivity clause?
In this kind of partnership, one partner has full liability and others are just investors.
What is a limited partnership?
What kind of company manages multiple influencer channels and offers ad sales and tech support, sometimes at the cost of creative control?
What is a Multi-Channel Network?
This type of copyright transfer occurs when a creator signs away all rights as part of their job.
What is work for hire?
A brand can lose its trademark if it becomes this, like “aspirin” or “escalator.”
What is genericized?
This type of contract lets a label earn money from touring, merch, and other revenue streams.
What is a 360 deal?
This type of authority is not directly granted but arises when a principal’s conduct causes a third party to reasonably believe the agent has power to act.
What is apparent authority?
What do platforms like YouTube and TikTok call the agreement you accept just by using the site, even if you don’t read it?
What are Terms of Service?