True/False
Indicate whether the
statement is true or false.
|
|
|
1.
|
Registration of a copyright is a prerequisite
for initiating an action for copyright infringement.
|
|
|
2.
|
An infringer must infringe the entire bundle of
copyright rights (the right to reproduce, perform, distribute, etc.) in order to be liable for
copyright infringement.
|
|
|
3.
|
In an infringement action, generally ownership
of a copyright is more easily proved than copying.
|
|
|
4.
|
Copyright infringement does not require an
intent to infringe.
|
|
|
5.
|
If two works are strikingly similar, courts may
infer that the alleged infringer had access to the work.
|
|
|
6.
|
Two works must be identical for copyright
infringement to be found.
|
|
|
7.
|
It is permissible to take the ideas of another
(but not the expression of those ideas).
|
|
|
8.
|
Persons and companies can be held liable for the
copyright infringement of others.
|
|
|
9.
|
When delivering the nightly news in a story
relating to Harry Potter, newscaster Katie Couric reads several lines from the latest Harry
Potter novel. Such is not copyright infringement.
|
|
|
10.
|
Generally, the more creative a work is, the more
protection it is afforded under copyright law.
|
|
|
11.
|
A parody performed on Saturday Night Live
of the latest Die Hard movie is permissible and is not copyright
infringement.
|
|
|
12.
|
Federal courts have exclusive jurisdiction of
copyright claims.
|
|
|
13.
|
Courts can order that works that infringe
another’s copyright can be destroyed.
|
Essay
|
|
|
14.
|
To prevail in a copyright infringement action, a
plaintiff must prove what two things?
|
|
|
15.
|
Janet has transferred, in writing, the right to
reproduce her copyrighted work to Tess. Tess pays royalties to Janet for this privilege. David is
infringing the work by making unauthorized copies of the work. Who has the right to initiate an
action against David? Discuss.
|
|
|
16.
|
Harry has often visited Jill’s art studio
where Jill displays her copyrighted works of art. Jill discovered that Harry has sculpted a work that
is strikingly similar to one of Jill’s sculptures that she has displayed in her studio. Harry
is alleging that he independently created the work and thus there is no infringement.
Discuss.
|
|
|
17.
|
What does it mean to say that courts often use
the “ordinary observer test” in determining copyright infringement? Discuss also whether
this test is used for complicated works, such as computer programs.
|
|
|
18.
|
Dale has been accused of infringing the
wellknown book The Da Vinci Code. Dale has responded by stating that any resemblance between
the two works is coincidental. The author of The Da Vinci Code has pointed out that
Dale’s book focuses on the death of an older gentleman in an art museum, that it involves a
“secret society” within the church, and that the secret at the heart of Dale’s book
is that Jesus fathered a child, all elements that are present in The Da Vinci Code. Moreover,
the names of the characters are the same in both works. Discuss whether infringement has occurred
when only a part of The Da Vinci Code has been taken.
|
|
|
19.
|
When a photocopy shop allows users to photocopy
books, the photocopy shop is liable for what?
|
|
|
20.
|
A news reporter stands in front of a copyrighted
painting in the course of reporting a news story that is broadcast on the nightly news on thefts of
major art works. Such a use is permissible and is referred to as what?
|
|
|
21.
|
An article in The New Yorker magazine
quotes extensively from Smith’s recent novel (without his permission) in order to review
Smith’s novel. Is such use permissible? Smith contends that so much of his works were discussed
that no one will want to buy his novel now. Discuss whether you think copyright infringement has
occurred, and identify the name of the principle that governs your answer.
|
|
|
22.
|
The singer Pink has recently released a new CD
in which she bitingly comments on the bad behavior of celebrities such as Britney Spears and Lindsey
Lohan, using several lines from their songs. Is such use copyright infringement?
Discuss.
|
|
|
23.
|
Identify three defenses to copyright
infringement.
|
|
|
24.
|
Dana has known for quite a while that Cal
infringed Dana’s copyrighted poem four years ago. May Dana bring an action for copyright
infringement? Discuss.
|
|
|
25.
|
If a defendant asserts that what was taken of a
copyrighted work is so small that its use should be excused, such is called the __________
defense.
|
|
|
26.
|
A plaintiff who desires that a court order the
defendant to cease use of copyrighted material would seek ___________.
|
|
|
27.
|
How might Olivia ensure that goods that violate
her copyright are not imported into the country from China if she does not wish to sue the infringer?
Discuss the advantages and disadvantages of Olivia’s alternative to
litigation.
|
|
|
28.
|
Stan anticipates that he will have great
difficulty proving actual damages at trial for copyright infringement of his songs. What alternative
might Stan consider in such a case?
|