CopyrightX Revision Test Part 2: Lectures 7-12

L7 1. What are the conditions which the plaintiff must satisfy to prove infringement?

A. Copying and improper appropriation

B. Reproduction and illegally access

C. Copying, copies and improper appropriation

D. Copies, illegally access and profit gain

L7 2. In the case of Fred Fisher v Dillingham (1924), the judge made the follow statement: “Everything registers somewhere in our memories, and no one can tell what may evoke it. Once it appears that another has, in fact, used the copyright as the source of this production, he has invaded the author’s right. It is no excuse that in so doing, his memory has played him a trick.” What does it mean?

A. Innocent copying is admissible

B. Memories is a source of creation

C. Innocent copying constitutes infringement

D. None of the above

L7 3. Direct evidence of copying, access to the work, sufficient similarity and demonstration of the same errors are useful:

A. Arguments for the plaintiff to prove copying

B. Requirements of copyright infringement

C. A and B

D. None of the above

L7 4. Which one of the options bellow is NOT within the scope of the “de minimis doctrine” ruled in the case of Davis v The Gap?

A. Innocent copying constitutes infringement

B. The law will not penalize the taking of trivial amounts

C. This defence is not available for who samples sound recordings

D. Copying a small piece of someone’s sound recording triggers a violation of s. 106

L7 5. Read the following statements – true or false? I - The list of derivative works on the scope of Sections 106(1) and 106(2) are exhaustive. II - If a defendant’s work does not incorporate enough of the plaintiff’s work to violate the rules, it does not constitute a derivative work.

A. Both true

B. Both False

C. I is False and II is True

D. I is True and II is False

L8 1. Price discrimination is the practice of:

A. Differentiating price of the same copyright work to reflect cost of creating different versions of the copyright work

B. Capitalising on customer price sensitivity to not attributed to the extra cost in creating the copyright work

C. Importing or exporting copyright works without the copyright owner’s permission

D. Reselling copyright works on the second hand market

L8 2. The copyright owner cannot prevent arbitrage of price differentiated copyright works:

A. By implementing Technological Protection Measures which prevents further distribution of digital goods

B. By relying on the exclusive distribution rights of copyright holders to supress second hand markets

C. By relying on contract clauses for copyright works licenced not sold

D. By “versioning” their copyright protected works

L8 3. The “First Sale Doctrine” is not applicable when:

A. The purchaser engages in round trip parallel importation

B. The purchaser engages in parallel importation

C. The purchaser resells purchased software

D. The purchaser resells licenced software

L8 4. Copyright owners seek to restrict further distribution of copyright works after the first sale in order to:

A. Protect the moral rights of the copyright owner

B. Increase demand and profitability for the copyright work without the fear of arbitrage

C. Align the copyright owners within the principles of copyright in the welfare, fairness and culture theories of copyright

D. Please the “court of public opinion”

L8 5. Software will constitute a licence agreement rather than a sale when:

A. The copyright owner specifies the user is granted a licence, restricts the user’s ability to transfer the software, and imposes notable restrictions

B. The software is sold as a digital download, and not sold through a physical housing such as a CD or USB drive.

C. The purchaser is technically capable of reproducing and distributing further copies of the copyright protected software

D. The copyright owner makes no mention of the user’s ability to make copies of software, distribute further copies or imposes no notable restrictions on the use of the copyright protected software.

L9 1. Which factor is NOT taken into consideration when determining whether the use of a work in a particular case is a fair use:

A. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes

B. The nature of the copyrighted work

C. The intention of the person using the work

D. The effect the use has for the value of the copyrighted work in potential market.

L9 2. The fair-use doctrine is best described as

A. A codified and consolidated doctrine.

B. An ad hoc, case-specific doctrine, continuously evolving to accommodate technological change.

C. An excuse to use copyrighted material without the copyright owner's consent.

D. A doctrine that exists only in US copyright law.

L9 3. In the significant Betamax case, the Supreme Court held that:

A. Sony Corporation was infringing copyright by facilitating and encouraging viewers to copy.

B. VCRs had dire consequences for the film industry.

C. Copying for private use was infringing.

D. Time-shifting copyrighted material for home use was a fair use.

L9 4. What constitutes a 'potential market' in one of the factors of fair use?

A. A traditional, reasonable or likely to be developed market that may emerge through innovation in technology or business models

B. A market in another country

C. A future market that can suffer injury because of unfair conduct

D. A different group of people that can enjoy the work

5. Marie is a professional photographer that shot a photograph of a celebrity within a specific scene. The photograph appeared on a well-known fashion magazine. Joey is a cartoonist. He created an illustration for his blog that depicted in a humorous way a non-celebrity in a similar scene as Marie’s photograph. Joey’s illustration had symbolical and satirical elements. Marie saw Joey’s illustration on his blog and now threatens him with a copyright infringement suit. Is she likely to prevail?

A. Yes - Joey has copied Marie’s photograph.

B. No - Joey’s work is a parody which constitutes a fair use, as it is a transformative use.

C. No, because Joey’s illustration is recorded in a different physical medium.

D. Yes, because Joey’s illustration is substantially similar to her photograph.

L10 2. Cultural theory is concerned with one of the following types of justice:

A. Commutative justice

B. Distributive justice

C. Individual justice

D. Universal justice

L10 3. The people who contributed to the cultural theory were:

A. Only legal academics

B. Scholars coming from different backgrounds such as philosophy, political theory, psychology and law

C. Sociologists

D. Artists and legal scholars

L10 4. Martin Luther King’s speech is currently:

A. Protected by copyright law and cannot be used or distributed without the permission of his estate

B. Part of the public domain

C. Possible of being reproduced as a result of the impact of the cultural theory

D. Only possible of being used for political speeches

5. Why is it difficult to shield against the unauthorised uses of Traditional Knowledge?

A. Governments are not interested in recognising Traditional Knowledge as a thing capable of protection by copyright law

B. It is concurred amongst all scholars that it goes against the ideals of distributive justice

C. Copyright theories such as the cultural theory argue that there are no advantages for protecting unauthorised uses of Traditional Knowledge

D. Authors of such products are usually collective, hard to identify or dead

L11 1. Digital Rights Management is correctly defined as:

A. The aggregation of the licence agreements and digital means governing the use of digital copyright works

B. A legal remedy for infringement of digital copyrights

C. A digital lock on copyright works

D. An exclusive right of the copyright owner

L11 2. Technological Protection Measures secured legal protection by which means?

A. Lobbying by right holders through congress in the U.S.A

B. Lobbying by right holders through the EU

C. Lobbying by right holders to WIPO

D. Lobbying by consumer right organisations to national legislatures

L11 3. The legal protection afforded to Technological Protection Measures offers:

A. Protection and remedies against copyright infringement

B. A right of access over digital copyright works

C. A right to implement Digital Rights Management as an exclusive right

D. Protection and remedies against circumvention

L11 4. Legal protection for Technological Protection Measures is seen as necessary by copyright owners because:

A. Without legal protection the Technological Protection Measure would constitute an unlawful restriction upon the “First Sale Doctrine”

B. It provides a right of access over digital copyright works

C. Technological Protection Measures would be incomplete without a legal remedy in the increasingly common occurrence of circumvention of the Technological Protection Measures implemented

D. It creates a legal right to control second hand markets of digital copyright works

L11 5. Digital Rights Management may be circumvented legally:

A. To perform a permitted act, such as creating a private copy or format shifting

B. For non-profit purposes only

C. In instances which do not amount to any actual copyright infringement

D. Only for research into cryptography which does not prejudice the copyright owner

L12 1. To obtain a permanent injunction the plaintiff must NOT show:

A. An irreparable injury.

B. The inadequacy of a monetary compensation.

C. That the balance of hardship favours the respondent.

D. The fact that the public interest is not disserved by the injunction.

L12 2. To establish a “right and ability to supervise” and a “direct financial benefit”, which of the following is required?

A. Contributory Infringement.

B. No liability.

C. Vicarious liability.

D. Direct liability.

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CopyrightX Revision Test Part 2: Lectures 7-12

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