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Student name:__________
TRUE/FALSE – Write ‘T’ if the statement is true and ‘F’ if the statement is false.
1) The use of copyrighted material by the news media is never considered an infringement.
⊚ true
⊚ false
2) If material is available on a social media site, such as Twitter or Instagram, it is in the
public domain and can be used with attribution.
⊚ true
⊚ false
3) The NFL has the right to copyright descriptions and facts related to NFL games.
⊚ true
⊚ false
4) Courts always regard the use of copyrighted material for educational purposes as a fair
use.
⊚ true
⊚ false
5) If you attribute a work to the original owner of the copyright, you can’t be sued for
copyright infringement.
⊚ true
⊚ false
6) While the illegal downloading of copyrighted music has increased dramatically in the
past 5 years, the pirating of motion pictures has decreased sharply due to the technical
complexity of 3-D films.
⊚ true
⊚ false
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7) The plaintiff must show that the defendant had access to his or her work when suing for
copyright infringement.
⊚ true
⊚ false
8) In 2018, the U.S. Supreme Court settled a long-standing area of confusion and ruled that
a copyright infringement suit must wait until the copyright is successfully registered by the
United States Copyright Office.
⊚ true
⊚ false
9) Useful elements cannot be copyrighted unless they are purely decorative.
⊚ true
⊚ false
10) Trademarks can lose their protection if they pass into “generic use.”
⊚ true
⊚ false
MULTIPLE CHOICE – Choose the one alternative that best completes the statement or
answers the question.
11) Which of the following uses of copyrighted material would most likely be regarded a fair
use?
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A) A newspaper publishing company uses a few stanzas of a poem in an obituary for a
poet.
B) Ford Motor Co. uses scenes from a feature film for a TV advertisement in which the
hero is driving a Ford Mustang car.
C) Royal Copy Center copies 22 chapters from various books and sells it as an
astronomy textbook to college students.
D) A clothing company creates and sells a T-shirt which carries a picture of Chris Evans
as Captain America printed on the front.
12) Trademark law can protect
A) the name of a product.
B) an advertising slogan.
C) the way a product is packaged.
D) all of the answers are correct.
13) Which of the following cannot be copyrighted?
A) a photograph
B) a motion picture title
C) a musical score
D) a bronze sculpture
14) Which of the following statements is true about copyright law?
A) The U.S. Constitution specifically sets the limit on the duration of copyright
ownership.
B) Facts, such as the scores of NFL games, are not eligible for copyright protection.
C) The copyright in works created by multiple authors belongs to the main author.
D) Works produced by an employee in the scope of her employment are owned by her.
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15) A work becomes protected by U.S. copyright law
A) when it is registered with the U.S. Copyright Office.
B) when it is created.
C) when it is first published.
D) when the copyright registration fee is paid.
16) Which of the following is NOT an exclusive right recognized under copyright law?
A) the right of reproduction of a work
B) the right of public display of a work
C) the right of preparation of derivative works
D) all of the answers are correct.
17) Which of the following can be copyrighted?
A) the product name “Viagra”
B) the chemical formula for Viagra
C) an ad for Viagra
D) all of the answers are correct.
18) Which of the following can be trademarked?
A) the product name “Viagra”
B) the chemical formula for Viagra
C) an ad for Viagra
D) all of the answers are correct.
19) When Congress passed the Digital Millennium Copyright Act in 1998, it implemented
the
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A) European Union Copyright Directive.
B) World Intellectual Property Organization treaties.
C) Berne Convention treaty.
D) Communications Decency Act.
20) When determining the similarity of one work to another in an infringement question,
some courts use a two-part test that asks whether the two works
A) have the same kinds of characters and have the same kinds of scenes.
B) appeared at about the same time and are in the same medium (e.g., both are films).
C) have the same general theme and express this theme in the same way.
D) are in the same medium and have the same kinds of characters.
21) If a writer sells a magazine the first serial rights to a story she has written, the magazine
has the right to
A) publish the story as many times as it wants.
B) publish the story as a serial; that is, break it into several parts and publish each of
them multiple times.
C) publish it first, but only once, anywhere in the world.
D) resell the story to another publisher after it uses the story.
22) Which of the following statements about trademark law is NOT true?
A) Trademark is defined as any word, name, or symbol a business uses to distinguish
and identify its products.
B) Trademark protection can last as long as a name is in use by the business.
C) A descriptive phrase is an inherently distinctive mark.
D) A trademark infringes another mark if it confuses the consumer.
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23) American Airlines brought a lawsuit against a travel agency named “A 1-800-
AMERICAN.” The travel agency bought listings in telephone yellow pages under the heading
“Airlines,” and, because its name began with “A 1,” was generally listed first in the airlines
sections, often right before American Airlines. The actual toll-free phone number for the travel
agency was 1-800-263-7422 (1-800-AMERICA). The court ruled in favor of American Airlines,
enjoining the travel agency from continuing to use the name A 1-800-AMERICAN and the
phone number 1-800-AMERICA. The most likely basis for the court’s ruling was that
A) the travel agency’s use was not a fair use.
B) the travel agency was diluting American Airlines’ trademark.
C) commercial speech is less protected by the First Amendment.
D) the travel agency’s name and phone number created a likelihood of consumer
confusion.
24) In Eldred v. Ashcroft, the U.S. Supreme Court:
A) ruled the Copyright Term Extension Act violated the First Amendment to the U.S.
Constitution.
B) ruled the Copyright Term Extension Act violated the language of “limited terms”
used in the U.S. Constitution.
C) ruled the Copyright Term Extension Act was beyond the power of Congress to enact
because it retroactively affected works in the public domain.
D) None of the above are correct.
SHORT ANSWER. Write the word or phrase that best completes each statement or
answers the question.
25) Briefly describe the four criteria that courts use to determine whether a use is a fair use.
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Answer Key
Test name: chapter 14
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