EXAM 3 4813 Question and answers
rated A+
What is Fair Use? - correct answer ✔the legal doctrine that allows people to
use intellectual property without getting in trouble
In Kerr's skit on 'real property', what did he use as an example? What
happened? - correct answer ✔A backpack.
Kerr takes student's backpack and asks if he can keep it. The student
responded, "no, it's mine".
What did Kerr use as an example of what can happen if you take somebody's
intellectual property? - correct answer ✔Speeding.
Because if you take it, you may or may not get caught. But if you do, the law is
against you.
What did Kerr use as an example of a trademark case? - correct answer
✔The apple logo with the bite taken out of the apple. Or the OU
logo/symbol/colors.
What is the biggest Supreme Court ruling on a trademark case? - correct
answer ✔The band "TheSlants" (offensive term) wanted to trademark their
name. They challenged trademark office citing 1st amendment. Supreme
Court ruled against trademark office because of the BEDROCK principle.
Impacts Redskin's name change battle because it set a precedent.
What is the bedrock principle? - correct answer ✔You can't ban expression
just because it's offensive based on the bedrock of the 1st amendment
, Why is intellectual property usually worth more than 'real property'? What is a
great example? - correct answer ✔2 reasons:
- all intellectual property can be digitized
- can send it anywhere
EX: Movies
What is the source of copyright law? - correct answer ✔Constitution, article
1, section 8
Based on the idea that citizens are entitled to the products of their physical
and intellectual labor.
What can be copyrighted? - correct answer ✔any original work that is fixed,
tangible medium of expression
not facts or ideas or conversations
What did the Supreme Court establish in Feist v. Rural Telephone concerning
the degree of originality needed to qualify for copyright protection? - correct
answer ✔Set a very low bar for originality in copyright
in order for a work to be original enough to be copyrightable, it must be at
least more og than a phonebook
how does copyright law differ for freelancers and permanent employees? -
correct answer ✔"made for hire" works belong to the employer
freelancers keep their work unless they sign something to give it up
when does copyright start? - correct answer ✔the very moment that a
creative work is put into writing, recorded, videos etc
rated A+
What is Fair Use? - correct answer ✔the legal doctrine that allows people to
use intellectual property without getting in trouble
In Kerr's skit on 'real property', what did he use as an example? What
happened? - correct answer ✔A backpack.
Kerr takes student's backpack and asks if he can keep it. The student
responded, "no, it's mine".
What did Kerr use as an example of what can happen if you take somebody's
intellectual property? - correct answer ✔Speeding.
Because if you take it, you may or may not get caught. But if you do, the law is
against you.
What did Kerr use as an example of a trademark case? - correct answer
✔The apple logo with the bite taken out of the apple. Or the OU
logo/symbol/colors.
What is the biggest Supreme Court ruling on a trademark case? - correct
answer ✔The band "TheSlants" (offensive term) wanted to trademark their
name. They challenged trademark office citing 1st amendment. Supreme
Court ruled against trademark office because of the BEDROCK principle.
Impacts Redskin's name change battle because it set a precedent.
What is the bedrock principle? - correct answer ✔You can't ban expression
just because it's offensive based on the bedrock of the 1st amendment
, Why is intellectual property usually worth more than 'real property'? What is a
great example? - correct answer ✔2 reasons:
- all intellectual property can be digitized
- can send it anywhere
EX: Movies
What is the source of copyright law? - correct answer ✔Constitution, article
1, section 8
Based on the idea that citizens are entitled to the products of their physical
and intellectual labor.
What can be copyrighted? - correct answer ✔any original work that is fixed,
tangible medium of expression
not facts or ideas or conversations
What did the Supreme Court establish in Feist v. Rural Telephone concerning
the degree of originality needed to qualify for copyright protection? - correct
answer ✔Set a very low bar for originality in copyright
in order for a work to be original enough to be copyrightable, it must be at
least more og than a phonebook
how does copyright law differ for freelancers and permanent employees? -
correct answer ✔"made for hire" works belong to the employer
freelancers keep their work unless they sign something to give it up
when does copyright start? - correct answer ✔the very moment that a
creative work is put into writing, recorded, videos etc
