JMC 4813 Final Question and answers verified to pass
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Course
JMC
Institution
JMC
JMC 4813 Final Question and answers verified to pass
The biggest reasons stated for why the potential value of intellectual property has escalated many times over just over the course of the past two or three decades. - correct answer Technology has made it possible for the first time to Digit...
JMC 4813 Final Question and answers
verified to pass
The biggest reasons stated for why the potential value of intellectual property
has escalated many times over just over the course of the past two or three
decades. - correct answer ✔Technology has made it possible for the first
time to Digitize almost any form of intellectual property and to transmit it
anywhere anytime very rapidly.
What the activity was that was compared to taking intellectual property without
permission, in terms of something that the law would also not be on your side
if you are caught. - correct answer ✔Speeding when driving a car. You may
not always get caught but if you do the law is on the police side.
What was emphasized with a video about how OU is just one of many
universities in regard to major use of trademark law. - correct answer ✔OU
uses the linked O and U it is trademarked by the University. OU shuts down
those who use it with out permission.
What was explained about the upside-down Longhorn and trademark. -
correct answer ✔The royalties go to UT because UT owns the copyright.
What crucial factor was emphasized regarding the contrast between the
different outcomes in the "Blurred Lines" and "Stairway to Heaven" cases. -
correct answer ✔Blurred Lines lost
Stairway to Heaven won
The source of law where copyright originates. - correct answer ✔Constitution
Article 1 Section 8
,What copyright does and doesn't protect. - correct answer ✔Copyright
protects original works of authorship
(Live performances, ideas, conversations etc.)
and Original Expression Not facts or Ideas
What the Supreme Court established in Feist v. Rural Telephone concerning
the degree of originality needed to qualify for copyright protection. - correct
answer ✔Essentially that in order for a work to be original enough to be
copyrightable, it must be at least more original than the listings in a
phonebook.
How copyright law differs for freelancers as opposed to permanent employees
- correct answer ✔Works made for hire belong to the employer. Freelancers
are rarely considered employees unless they sign work for hire contractual
agreement..
When copyright begins - correct answer ✔Copyright begins the moment a
creative work is put in writing or otherwise recorded.
What notice and registration are in terms of copyright - correct answer
✔Notice is not required but highly advisable. Provides clear warning that work
is copyrighted, and eliminates claims of 'innocent' infringement.
The three-part test for determining copyright infringement - correct answer
✔1. Plaintiffs must first prove originality, access and substantial similarity.
The four-part test for determining if a copyright infringement is a fair use -- and
which part is specified as the most important. - correct answer ✔1. purpose
and character of the use
2. nature of the copyrighted work
, 3. amount and substantiality of the portion used
4. effect upon the work's potential market.
What the Supreme Court established can be considered a legitimate purpose
of fair use in Campbell v. Acuff-Rose. - correct answer ✔Established parody
as fair-use purpose.
Why the concept of "transformative expression" is important What trademark
protects - correct answer ✔The copying must add something new, an
original contribution of transformative expression, meaning or message to
which is copied
How trademark and copyright differ. - correct answer ✔Trademark protects
property value in words, symbols etc that are not covered by copyright law. It
is different because it protects not original expressions, but rather marks
established in commerce as distinctive. Prevents competitors from unfairly
capitalizing on investment made to associate name with product/service.
How trademarks and service marks can be lost. - correct answer ✔If it is not
maintained by use and defense. Maintaining distinctiveness. Inherently
distinctive marks are protected from use with out permission by others,
aquired distrinctiveness via secondary meaning
The two key elements involved in trademark infringement. - correct answer
✔Likelihood of confusion
Dilution of Distinctiveness
What seemed to be important in "Blurred Lines" being found to be copyright
infringement. - correct answer ✔As news of the ruling spread Tuesday
afternoon, some legal experts expressed worry about the precedent it set.
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