Copyright Basics
What does copyright protect?
Original works of authorship, such as books, music, and artwork
What is the purpose of a trademark?
To identify and protect brand names, logos, and slogans associated with goods or services
What four factors are considered when determining fair use?
Purpose of use, nature of the copyrighted work, amount used, and effect on the market value.
What are the three main elements required to form a valid contract?
Offer, acceptance, and consideration
What entity sued Microsoft in the 1990s over antitrust violations?
The U.S. government, in United States v. Microsoft Corp.
How long does copyright protection last for works created after 1978?
Life of the author plus 70 years
What is the difference between ™ and ® symbols?
™ can be used without registration, while ® indicates a registered trademark with the USPTO.
Using a short clip from a movie in a classroom presentation is generally considered what?
Fair use, because it's for educational purposes.
A contract that is not written down but still enforceable is called what?
An oral contract, though some contracts must be in writing to be enforceable
What music-sharing service was shut down in the early 2000s after being sued for copyright infringement?
Napster
True or False: You must register your work with the U.S. Copyright Office to receive copyright protection.
False, copyright is automatic upon creation of the work in a tangible form
What type of intellectual property protects inventions?
A patent
True or False: If you give credit to the original creator, you automatically have the right to use their copyrighted work.
False, credit does not replace permission.
What is the term for a contract that is legally valid but can be canceled by one party?
A voidable contract.
In Campbell v. Acuff-Rose Music, the Supreme Court ruled that a parody of what song was protected under fair use?
Oh, Pretty Woman by Roy Orbison.
What is the term for works that are free to use because their copyrights have expired?
Public domain
How long does a standard utility patent last in the U.S.?
20 years from the filing date
What is the legal term for when a copyright holder sends a request to remove infringing content from a website?
A DMCA takedown notice
What is the purpose of a confidentiality clause in a contract?
To prevent parties from disclosing certain information.
Apple and Samsung have been involved in legal battles over what type of intellectual property?
Smartphone design patents and trade dress.
What government office is responsible for registering copyrights in the U.S.?
U.S. Copyright Office
What is the name of the test used to determine if a trademark is too similar to another?
The likelihood of confusion test
If a YouTuber creates a parody of a famous song, is this more likely to be fair use or infringement?
Fair use, because parody is often protected under fair use doctrine.
What type of clause allows one party to transfer their rights and obligations under a contract to another party?
An assignment clause.
The Authors Guild v. Google case involved Google’s effort to do what with copyrighted books?
Digitize and display excerpts of books for an online library and search tool.