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COMPLETELY OPTIONAL PRACTICE COPYRIGHT QUIZ – FALL 2009

Student name:      

General instructions. Before going any further, download this document, be


absolutely sure to enter your name in the space provided above, and to save the
document with a new file name. Beginning on October 18, you will have 90 minutes
at a time of your choosing in which to complete the actual non-optional Quiz, except
that students whose first language is not English, and who have not taken a
previous degree at an educational institution where the language of instruction is
English, may take an additional 30 minutes. It is important that you do all your
work at one sitting and time yourself carefully. Do not discuss the questions or
answers with classmates or with others – whether before, during, or after you take
the Quiz. You should answer the questions below by underlining the one correct
choice for each Multiple Choice and True-False question, and completing the Fill-in-
the-Blanks questions by entering your one choice(s) in the highlighted space(s)
provided; note that these spaces will expand to accommodate words of any length.
Please save your work frequently. When you are satisfied with your answers, save
the final document, print it for your records, and upload it to MyWCL

Every effort has been made to make the questions as unambiguous as possible. If
you have difficulty deciding between the available answers on Multiple Choice or
True-False questions, you should choose the one that you think is best. In
answering the Fill-in-the-Blank questions, please try to be as precise as possible,
since by design there is only one correct answer (or set of answers) to each
question.

You are free to use your class notes, textbook, supplement (as well as a general
English language dictionary), though you should do so sparingly if you want to
complete the entire quiz in the time provided. You may not consult any other
materials in paper form or online. The questions will be valued equally in grading.
Thirty correct answers will constitute a perfect score, and three “bonus” questions
have been provided as a form of “insurance.” In order to receive credit, final
Quizzes must be received by Midnight on Monday, October 25.

1) Multiple choice: Which of the following are factors that are definitely to be
considered in deciding whether a commissioned work is a “work made for
hire” under the first numbered clause of the Sec. 101 definition? [Remember
– only one of the answers below is correct, and you should indicate which by
underlining it.]

a) Whether the work was made at the instance and expense of the hiring
party.
b) Whether the hiring party and the hired party were previously acquainted.
c) Whether the hiring party is in business.
d) The skill required of the hired party.
e) All of the above
f) All except a)
g) All except a) and b)
h) None of the above
2) Fill in the blanks: A valid notice of termination must be served not more than
25 years and not less than       years prior to the effective date of
termination named in the notice.

3) True/False: The “merger” doctrine teaches that where there is a single,


unique way of expressing a particular idea, that expression cannot be
protected by copyright.

a) True

b) False

4) True/False: Whether an “architectural work” is protected by copyright


depends on whether its aesthetic elements can be physically or conceptually
separated from its functional elements.

a) True

b) False

5) Fill in the two blanks with a month and a four-digit year, respectively: The
diaries of a Civil War Veteran who died in 1895 were published for the first
time in 2001. There are protected until the end of December, 2047.

6) Fill in the blank with a four-digit year: The first British copyright statute was
enacted in the year 1710.

7) Multiple choice: Consider the following quotation: “It would be a dangerous


undertaking for persons trained only to the law to constitute themselves final
judges of the worth of pictorial illustrations….” Please select the name of the
opinion from which this quotation derives.

a) Eldred v. Ashcroft

b) Wheaton v. Peters

c) Burrow-Giles Lithographic Co. v. Sarony

d) Bleistein v. Donaldson Lithographing Co.


e) Gracen v. Bradford Exchange, Ltd.

f) None of the above

8) Multiple choice: When does a transfer or license of copyright not need to be


memorialized in a writing to be effective?
a) When it is a gift.
b) When it is given for consideration.
c) When it occurs as a result of intestate succession.
d) When it is a non-exclusive license
e) Both c) and (d), above.
f) None of the above.

9) Multiple choice: Identify the celebrity whose image was at issue in the
Supreme Court decision that established the copyrightability of photographs.
a) Kevin Garnett
b) Sarah Berhardt
c) Learned Hand
d) Oscar Wilde
e) Sir Walter Scott
f) None of the above

10) Fill in the two blanks with a month and a year, respectively: The
United States became party to the Berne Convention on the first of March,
1989.