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Fair Use and Copyright

Description: This quiz will test your knowledge of fair use and copyright in photography.
Number of Questions: 15
Created by:
Tags: photography copyright fair use
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What is the purpose of copyright?

  1. To protect the author's moral rights

  2. To prevent others from using the work without permission

  3. To ensure that the author is paid for their work

  4. All of the above

Show answer
Correct Option: D
Explanation:

Copyright protects the author's moral rights, prevents others from using the work without permission, and ensures that the author is paid for their work.

What is fair use?

  1. The right to use copyrighted material without permission for educational purposes

  2. The right to use copyrighted material without permission for commercial purposes

  3. The right to use copyrighted material without permission for personal use

  4. None of the above

Show answer
Correct Option: A
Explanation:

Fair use is the right to use copyrighted material without permission for educational purposes, such as teaching, scholarship, and research.

What are the four factors that courts consider when determining whether a use is fair?

  1. The purpose and character of the use

  2. The nature of the copyrighted work

  3. The amount and substantiality of the portion used

  4. The effect of the use on the potential market for or value of the copyrighted work

Show answer
Correct Option:
Explanation:

Courts consider all four of these factors when determining whether a use is fair.

What is the transformative test?

  1. A test that courts use to determine whether a use is fair

  2. A test that courts use to determine whether a work is original

  3. A test that courts use to determine whether a work is protected by copyright

  4. None of the above

Show answer
Correct Option: A
Explanation:

The transformative test is a test that courts use to determine whether a use is fair. The test asks whether the new work is transformative, meaning that it adds something new and different to the original work.

What is the de minimis rule?

  1. A rule that allows for the use of small amounts of copyrighted material without permission

  2. A rule that allows for the use of copyrighted material without permission for educational purposes

  3. A rule that allows for the use of copyrighted material without permission for commercial purposes

  4. None of the above

Show answer
Correct Option: A
Explanation:

The de minimis rule is a rule that allows for the use of small amounts of copyrighted material without permission. The rule is based on the idea that such uses are unlikely to harm the copyright holder.

What is the public domain?

  1. Works that are not protected by copyright

  2. Works that are protected by copyright but are available for free

  3. Works that are protected by copyright but are not available for free

  4. None of the above

Show answer
Correct Option: A
Explanation:

The public domain consists of works that are not protected by copyright. This includes works that have never been copyrighted, works whose copyright has expired, and works that have been dedicated to the public domain.

What is the copyright term for works created after January 1, 1978?

  1. Life of the author plus 50 years

  2. Life of the author plus 70 years

  3. Life of the author plus 95 years

  4. Life of the author plus 120 years

Show answer
Correct Option: B
Explanation:

The copyright term for works created after January 1, 1978, is the life of the author plus 70 years.

What is the copyright term for works created before January 1, 1978?

  1. Life of the author plus 50 years

  2. Life of the author plus 70 years

  3. Life of the author plus 95 years

  4. Life of the author plus 120 years

Show answer
Correct Option: A
Explanation:

The copyright term for works created before January 1, 1978, is the life of the author plus 50 years.

What is the copyright term for anonymous and pseudonymous works?

  1. 95 years from the date of publication

  2. 120 years from the date of publication

  3. Life of the author plus 50 years

  4. Life of the author plus 70 years

Show answer
Correct Option: A
Explanation:

The copyright term for anonymous and pseudonymous works is 95 years from the date of publication.

What is the copyright term for works created by the U.S. government?

  1. No copyright protection

  2. Life of the author plus 50 years

  3. Life of the author plus 70 years

  4. Life of the author plus 95 years

Show answer
Correct Option: A
Explanation:

Works created by the U.S. government are not protected by copyright.

What is the copyright notice requirement?

  1. A notice must be placed on all copies of the work

  2. A notice must be placed on the first page of the work

  3. A notice must be placed on the last page of the work

  4. None of the above

Show answer
Correct Option: A
Explanation:

The copyright notice requirement states that a notice must be placed on all copies of the work. The notice must include the copyright symbol, the year of first publication, and the name of the copyright holder.

What is the penalty for copyright infringement?

  1. Civil damages

  2. Criminal penalties

  3. Both civil damages and criminal penalties

  4. None of the above

Show answer
Correct Option: C
Explanation:

The penalty for copyright infringement can include both civil damages and criminal penalties.

What is the difference between copyright and trademark?

  1. Copyright protects original works of authorship, while trademark protects distinctive marks used in commerce

  2. Copyright protects works of art, while trademark protects words, phrases, symbols, or designs used to identify goods or services

  3. Copyright protects works that are fixed in a tangible medium, while trademark protects works that are used in commerce

  4. All of the above

Show answer
Correct Option: D
Explanation:

Copyright protects original works of authorship, while trademark protects distinctive marks used in commerce. Copyright protects works that are fixed in a tangible medium, while trademark protects works that are used in commerce.

What is the difference between copyright and patent?

  1. Copyright protects original works of authorship, while patent protects new and useful inventions

  2. Copyright protects works of art, while patent protects processes, machines, and compositions of matter

  3. Copyright protects works that are fixed in a tangible medium, while patent protects works that are used in commerce

  4. All of the above

Show answer
Correct Option: D
Explanation:

Copyright protects original works of authorship, while patent protects new and useful inventions. Copyright protects works of art, while patent protects processes, machines, and compositions of matter. Copyright protects works that are fixed in a tangible medium, while patent protects works that are used in commerce.

What is the difference between copyright and trade secret?

  1. Copyright protects original works of authorship, while trade secret protects confidential information

  2. Copyright protects works of art, while trade secret protects formulas, patterns, and processes

  3. Copyright protects works that are fixed in a tangible medium, while trade secret protects works that are used in commerce

  4. All of the above

Show answer
Correct Option: D
Explanation:

Copyright protects original works of authorship, while trade secret protects confidential information. Copyright protects works of art, while trade secret protects formulas, patterns, and processes. Copyright protects works that are fixed in a tangible medium, while trade secret protects works that are used in commerce.

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