1. Debora Halbert asserts in her essay that:
a. women have benefited greatly from intellectual property laws.
b. intellectual property has historically benefited men more than women.
c. in the nineteenth century, writing poetry and novels enabled women to not only express
themselves intellectually but to reap financial rewards as well.
d. when women knitted or quilted, they were reluctant to share their patterns with other
women.
2. American copyright law creates a bundle of rights for the owner, including the right to
reproduce, distribute, perform, display, or adapt the work.
a. True
b. False
3. In a lawsuit for copyright infringement, a defendant can avoid liability by successfully
arguing _________, based on the notion that the free flow of ideas sometimes requires
quoting or borrowing from a copyrighted work.
a. collective rights
b. misappropriation
c. unlimited use
d. fair use
4. If an author owns a copyright to a non-fiction essay, then publishes that essay in an
anthology of similar essays published by a major publishing company, the rights involved in
this relationship would be referred to as ______.
a. collective work
b. public domain
c. collective bargaining
d. joint domain
5. Once the copyright on a work has expired,
a. The owner can renew it for a new term
b. The work is in the public domain
c. The work becomes the property of the government
d. The work is considered no longer creative
6. The difference between the Project Gutenberg (PG) and the Google book scanning project is:
a. The PG limits itself to the “classics”
b. The PG limits itself to only works in the public domain
c. Google only digitizes full documents but the PG digitizes key segments
d. The PG limits itself to “orphan” works – those with hard-to-find authors or owners.
7. Nike’s swoosh, McDonald’s arches, and the Xerox name are all identifiable trademarks.
Which of the following laws protect(s) them?
I. Lanham Trademark Act of 1946
II. Federal Trademark Dilution Revision Act of 2006
III. Sonny Bono Act of 1998
a. I only
b. II only
c. I and II
d. II and III
8. In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is
I. Not obvious
II. Unique
III. Useful
IV. Not a modification of any prior patents
a. I only
b. I and II
c. I, II and III
d. I, II, III and IV
9. Trade secrets are registered just like trademarks.
a. True
b. False
10. Discuss how intellectual property is different from other kinds of property.
11. What must a plaintiff prove to establish copyright infringement?
12. Give a brief description of the increased protection in U.S. Copyright laws starting in 1994
and using approximate dates.
13. Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use
is fair?
14. Why was the Digital Millennium Copyright Act passed?
15. Discuss U.S. patent law. Give examples of items that can and cannot be patented.
U.S. patent law protects the rights of those who discover tools, machines, processes and other
“novel, useful, and non–obvious” inventions. Recently patented items include Amazon.com’s
one-click internet checkout (business method) and a new type of hybrid corn.
16. Give examples of improper ways to learning a trade secret under the Uniform Trade Secrets
Act. Give an example of a way that is not considered improper or wrong.