Exam (elaborations)
Chapter 13 Intellectual Property
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- Chapter 13 Intellectual Property
Chapter 13 Intellectual Property Business Law In canada 11th Edition By Yates -Test Bank
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Business Law in Canada, 11e (Yates)Chapter 13 Intellectual Property
1) Which of the following is the correct definition of a chattel?
A) A chattel is a name used to describe the land registration system in place in the Western
provinces.
B) Chattel is an intangible form of personal property, such as a debt or claim.
C) Chattel refers to intellectual property such as patents and copyrights.
D) Chattel is the term used to describe tangible personal property or movables.
E) The term chattel is a broad term used to describe any kind of property interest.
Answer: D
Diff: 1 Type: MC Page Ref: 429
Topic: Ch. 13 - Intellectual Property
Skill: Recall
Objective: Chapter 13: 1. Identify and distinguish intellectual property from other forms of
personal property.
Bloom's Taxonomy: Knowledge
2) Which of the following is essential for a work to have copyright protection?
A) The idea on which the work is based must be original.
B) The subject matter of the work must only fall into either musical or artistic categories.
C) The expression of the idea must be an original product of the author's own skill.
D) The expression of the idea will generally be sufficient.
E) The creator of the work must register his/her work in Canada.
Answer: C
Diff: 2 Type: MC Page Ref: 431
Topic: Ch. 13 - Copyright
Skill: Recall
Objective: Chapter 13: 2. Review the history of copyright legislation in Canada, including the
latest enactment.
Bloom's Taxonomy: Knowledge
1
Copyright © 2017 Pearson Canada, Inc.
,3) Tom, a classmate of yours at Red River College, was employed as a programmer by Mohawk
Oil Company about three months after graduation. Because you could understand the program he
was working on and because you write well, he called to ask if you wanted to take on the task of
writing the manual to accompany the program. Read each of the following separately and
indicate which is true.
A) The issue of who owns copyright in the manual depends solely on who writes it.
B) If two persons wrote the manual together, only one person can have ownership of the
copyright.
C) If the company hires you as an employee to write the manual, the company would own
copyright unless your employment contract provided otherwise.
D) If you contract as an independent contractor (independent consultant) with the company, and
the contract does not specify otherwise, the company owns the copyright.
E) The owner of the copyright will be whoever first gets his claim of ownership in the copyright
office.
Answer: C
Diff: 2 Type: MC Page Ref: 431
Topic: Ch. 13 - Copyright
Skill: Applied
Objective: Chapter 13: 3. Outline the rights protected by copyright.
Bloom's Taxonomy: Knowledge
4) Which of the following is true with regard to our Canadian Copyright Act?
A) The statute is a provincial statute with each province having its own unique statutes.
B) The statute expressly provides that computer programs are not copyrightable.
C) The statute provides for copyright protection only where the copyright is registered and the
owner of copyright uses the following form of notice: (c) year of creation, name of creator.
D) The statute provides that the employer owns copyright in a work created by the employee in
the course of his employment, in the absence of any agreement to the contrary.
E) Copyright is protected both by statute and in common law.
Answer: D
Diff: 2 Type: MC Page Ref: 431
Topic: Ch. 13 - Copyright
Skill: Recall
Objective: Chapter 13: 3. Outline the rights protected by copyright.
Bloom's Taxonomy: Knowledge
2
Copyright © 2017 Pearson Canada, Inc.
,5) As part of his preparation for a debate on whether the Criminal Code should be amended to
include a crime for the unauthorized use of computer programs, Joe photocopied a short essay on
the topic to study at home. The essay proved to be an excellent argument for his side—namely,
that such a crime should be created. Although some of the other articles advanced different
arguments he could use, Joe was short of time and just turned in the essay as his own and later
used its ideas in the debate. Which of the following is true?
A) The first time Joe copied the essay was clearly an infringement of copyright; there is no
defence available to him.
B) Using the essay's arguments in the debate is an infringement of copyright even though they
would be expressed in Joe's own words.
C) There would be an infringement of copyright when Joe used the essay as his own work.
D) Joe cannot use the essay in any way without infringing copyright.
E) There can be no infringement of copyright by a student.
Answer: C
Diff: 3 Type: MC Page Ref: 431
Topic: Ch. 13 - Copyright
Skill: Applied
Objective: Chapter 13: 3. Outline the rights protected by copyright.
Bloom's Taxonomy: Knowledge
6) If a copyright owner has grounds for believing that a person is infringing his copyright but
fears that the infringer may destroy the evidence, the owner could get a court order to allow him
to search and seize the evidence. Which of the following is such an order?
A) Interlocutory injunction
B) Execution order
C) Anton Piller order
D) Order for an accounting
E) Order for specific performance
Answer: C
Diff: 1 Type: MC Page Ref: 431
Topic: Ch. 13 - Copyright
Skill: Recall
Objective: Chapter 13: 3. Outline the rights protected by copyright.
Bloom's Taxonomy: Knowledge
3
Copyright © 2017 Pearson Canada, Inc.
, 7) Pete is an accountant and Judy works in a bank, but every evening of last year they worked to
create a clever computer game. When they finished, they had no difficulty in gaining the interest
of a publisher. Pete and Judy hired a lawyer to draft a licence agreement in which they would
give the publisher exclusive rights to sell the game in North America for royalties based on gross
sales. When the game was published, the advertising was rather vulgar but acceptable to Pete and
Judy. They learned, however, that there was a further change — the villain had been changed
and clearly represented a world leader of an Asian country. Pete and Judy were embarrassed and
outraged. On these facts, which of the following is true?
A) They have no cause of action because once there has been an assignment of rights, the
creators would not have their name on the product and thus no right to sue.
B) They have a cause of action, even though there has been a partial assignment, if the
modification is prejudicial to their honour or reputation.
C) They would have a cause of action only if the contract provided that there should be no
alterations without their consent. Such a change would then be a breach of contract.
D) There is no protection here since a game is not something that can be copyrighted.
E) They have no protection here since they failed to register their copyright in the game.
Answer: B
Diff: 3 Type: MC Page Ref: 431
Topic: Ch. 13 - Copyright
Skill: Applied
Objective: Chapter 13: 3. Outline the rights protected by copyright.
Bloom's Taxonomy: Knowledge
8) Which of the following is true with regard to copyright law in Canada?
A) A Canadian author must register upon the creation of her book in order to acquire copyright
protection.
B) Copyright law is governed by the Copyright Act, but an author need not register under the
statute to acquire copyright.
C) Generally, the term of copyright is fifty years.
D) Registration of copyright is restricted to published works.
E) Everyone can receive copyright protection in Canada for his or her work created elsewhere.
Answer: B
Diff: 2 Type: MC Page Ref: 431
Topic: Ch. 13 - Copyright
Skill: Recall
Objective: Chapter 13: 3. Outline the rights protected by copyright.
Bloom's Taxonomy: Knowledge
4
Copyright © 2017 Pearson Canada, Inc.
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