Students' Choice - Copyright SP21

In Estate of MLK Jr., the court focused on the concept of “notice.”

The useful article doctrine applies to architectural works.

Unpublished works often receive more protection under which fair use Factor?

Status as a for-profit company is irrelevant to a fair use analysis.

Designing a kids swing set solely based on the desired function to not break means it fails useful articles test.

Works that are immediately protected by U.S. Copyright law must be creative and valuable.

An artist who puts a creative work into a fixed tangible medium can then file suit for copyright infringement.

Generally, which of the following is not a statutory exception for public performance?

Under copyright law, a computer program is considered a technical work.

Active inducement is exclusively a subset of contributory infringement

From 1909-1976, what was the renewal term?

If you do not register your work with the Copyright Office:

Termination of an agreement transferring copyright:

One of the goals of 17 USC 102(b) is to prevent overlapping rights with other areas of IP.

In Grokster, the Court found substantial evidence in the Copyright Owners' favor for inducement & concluded SJ was error

From where does the defense of copyright misuse originate?

In 1557, Queen Anne granted a monopoly to Stationers Co.

The dissent in Google v. Oracle said Oracle’s code at issue is copyrightable, and Google’s use of that code was fair.

Under the DMCA, an ISP must replace removed material after receiving a valid counternotice unless:

Under the separability test, only elements that are physically separable from utilitarian purpose can be copyrightable.

In Polygraph, the court found the convention organizer received an indirect benefit of happier patrons due to music.

Assuming a signed WMFH agmt, which specially commissioned work would most likely not be a “work made for hire”?

A Starbucks employee sings a pop song on his break. If the security system records him singing, which of these is true?

Congress intended that software be included as a “literary work” under the Copyright Act.

In a © infringement suit against a direct infringer, the plaintiff must prove that the defendant acted intentionally.

A compulsory-licensed cover song can change the basic melody or fundamental character of an original work.

What is required for an artist to enjoy the right to prevent destruction of their works under VARA?

In the Altai test, which of the following is not removed as part of the filtration step?

Someone living in isolation in a remote cave since 1985 writes a song identical to “Shake It Off” by TSwift & sells CDs.

The court in Apple v. Franklin, held both object and source code to be ____ works:

When nobody adds independently copyrightable elements, but the result is copyrightable, the authors become joint authors

Copyright law gives authors both the negative right to exclude others and the positive rights to exploit the work.

Which is not explicitly part of the statutory test for finding joint authors?

Copyright law has built-in free speech safeguards outside of the First Amendment.

“Originality” means a work was…

Each of the following cases established a test for copyright infringement, except:

In Cartoon Network, CSC was liable because users publicly stored the data.

Indy used a quote from a new book for her long Amazon review of her opinion on the book. This isn’t likely fair use.

The 2d Cir. in Viacom v. YouTube found that the defendants had the right and ability to control the infringing activity

Using parts of an original work to comment on society as a whole is:

A novelist who writes a novel for an eccentric billionaire and agrees in writing that the book is a work made for hire:

Sec. 102(a) of the Copyright Act provides an exhaustive list of the categories of authorship for copyright protection.

In Brandir, the RIBBONRACK bike rack was ultimately held to be copyrightable.

What is not one of the affirmative defenses to copyright infringement?

Works published before 1923 have no copyright protection.

Which is not an exclusive right an owner of a copyright has under Section 106?

In Walt Disney Prod. v. Basmajian, the court found that Basmajian received title to the Disney celluloid as a gift.

Which of the following best describes the decision in Campbell v. Acuff-Rose Music?

Willful blindness may demonstrate knowledge or awareness of specific instances of infringement under the DMCA.

Who cannot exercise the termination right when copyright rights are sold or licensed?

A copyright owner can never abandon her copyright by accident and instead must intend to abandon by objective acts.

Which of the following is NOT a factor when considering Employee v. Independent Contractor status for WMFH?

A and B create and publish a work in 1977 as joint authors. A dies in 1980. B dies 10 years later. When does © expire?

The useful article doctrine only applies to pictorial, graphic, or sculptural works.

In 2022, you publish your late grandmother’s diary, written during 1972. She died in 1981. When will copyright expire?

Under Goldstein’s Test, a person who provides ideas but does not type up the work would be considered a joint author.

The fair use doctrine existed only as judge-made law until the 1909 Copyright Act.

Which of the following provides a definition of a derivative work?

A statement shorter than a haiku is less copyrightable.

Digital over-the-air broadcasts provided without subscription may perform sound recordings without a license.

Contributory infringement only requires knowledge of direct infringement.

The predominant theory of copyright in the U.S. says…

The Court in Feist v. Rural found that:

If there is a very limited number of ways to express an idea, the expression of the idea can’t be copyrighted under:

Which of the following cannot be destroyed under VARA?

Making a paperback version of a hardcover book qualifies as a derivative work.

Most courts follow Playboy v. Frena, which found the host of a bulletin board liable for user-posted infringing images.

Copyright law borrows from the other parts of the Constitution's IP Clause to determine if someone is an employee.