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Copyright and Fashion Photography

Description: This quiz tests your knowledge of copyright law as it applies to fashion photography.
Number of Questions: 15
Created by:
Tags: copyright fashion photography intellectual property
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What is the copyright term for a fashion photograph?

  1. 70 years after the photographer's death

  2. 120 years after the photograph is created

  3. Life of the photographer plus 50 years

  4. 100 years after the photograph is published

Show answer
Correct Option:
Explanation:

The copyright term for a fashion photograph is the life of the photographer plus 70 years. This means that the photographer owns the copyright to the photograph for their entire life, and their heirs own the copyright for 70 years after their death.

What rights does a copyright holder have?

  1. The right to reproduce the work

  2. The right to distribute the work

  3. The right to display the work

  4. The right to create derivative works

  5. All of the above

Show answer
Correct Option: E
Explanation:

A copyright holder has the exclusive right to reproduce, distribute, display, and create derivative works based on the copyrighted work.

What is fair use?

  1. A doctrine that allows limited use of copyrighted material without permission from the copyright holder

  2. A defense to copyright infringement

  3. A type of copyright license

  4. A legal principle that protects the rights of authors and artists

  5. None of the above

Show answer
Correct Option: A
Explanation:

Fair use is a doctrine that allows limited use of copyrighted material without permission from the copyright holder. This includes uses such as criticism, comment, news reporting, teaching, scholarship, and research.

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

  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 the copyrighted work

  5. All of the above

Show answer
Correct Option: E
Explanation:

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

What is the difference between a copyright and a trademark?

  1. A copyright protects the expression of an idea, while a trademark protects the idea itself

  2. A copyright protects the original work of authorship, while a trademark protects a brand or logo

  3. A copyright protects the physical embodiment of a work, while a trademark protects the intangible aspects of a work

  4. A copyright protects the rights of the author, while a trademark protects the rights of the owner of the brand or logo

  5. None of the above

Show answer
Correct Option: B
Explanation:

A copyright protects the original work of authorship, while a trademark protects a brand or logo.

What is the difference between a copyright and a patent?

  1. A copyright protects the expression of an idea, while a patent protects the idea itself

  2. A copyright protects the original work of authorship, while a patent protects a new and useful invention

  3. A copyright protects the physical embodiment of a work, while a patent protects the intangible aspects of a work

  4. A copyright protects the rights of the author, while a patent protects the rights of the inventor

  5. None of the above

Show answer
Correct Option: B
Explanation:

A copyright protects the original work of authorship, while a patent protects a new and useful invention.

What is the difference between a copyright and a trade secret?

  1. A copyright protects the expression of an idea, while a trade secret protects the idea itself

  2. A copyright protects the original work of authorship, while a trade secret protects a secret formula or process

  3. A copyright protects the physical embodiment of a work, while a trade secret protects the intangible aspects of a work

  4. A copyright protects the rights of the author, while a trade secret protects the rights of the owner of the secret formula or process

  5. None of the above

Show answer
Correct Option: B
Explanation:

A copyright protects the original work of authorship, while a trade secret protects a secret formula or process.

What is the difference between a copyright and a design patent?

  1. A copyright protects the expression of an idea, while a design patent protects the idea itself

  2. A copyright protects the original work of authorship, while a design patent protects a new and original design for a manufactured article

  3. A copyright protects the physical embodiment of a work, while a design patent protects the intangible aspects of a work

  4. A copyright protects the rights of the author, while a design patent protects the rights of the inventor

  5. None of the above

Show answer
Correct Option: B
Explanation:

A copyright protects the original work of authorship, while a design patent protects a new and original design for a manufactured article.

What is the difference between a copyright and a plant patent?

  1. A copyright protects the expression of an idea, while a plant patent protects the idea itself

  2. A copyright protects the original work of authorship, while a plant patent protects a new and distinct variety of plant

  3. A copyright protects the physical embodiment of a work, while a plant patent protects the intangible aspects of a work

  4. A copyright protects the rights of the author, while a plant patent protects the rights of the inventor

  5. None of the above

Show answer
Correct Option: B
Explanation:

A copyright protects the original work of authorship, while a plant patent protects a new and distinct variety of plant.

What is the difference between a copyright and a mask work?

  1. A copyright protects the expression of an idea, while a mask work protects the idea itself

  2. A copyright protects the original work of authorship, while a mask work protects a new and original design for a semiconductor chip

  3. A copyright protects the physical embodiment of a work, while a mask work protects the intangible aspects of a work

  4. A copyright protects the rights of the author, while a mask work protects the rights of the inventor

  5. None of the above

Show answer
Correct Option: B
Explanation:

A copyright protects the original work of authorship, while a mask work protects a new and original design for a semiconductor chip.

What is the difference between a copyright and a copyright registration?

  1. A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a copyright registration is a public record that provides evidence of the copyright

  2. A copyright protects the expression of an idea, while a copyright registration protects the idea itself

  3. A copyright protects the original work of authorship, while a copyright registration protects a new and original design for a manufactured article

  4. A copyright protects the physical embodiment of a work, while a copyright registration protects the intangible aspects of a work

  5. None of the above

Show answer
Correct Option: A
Explanation:

A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a copyright registration is a public record that provides evidence of the copyright.

What is the difference between a copyright and a work made for hire?

  1. A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a work made for hire is a work that is created by an employee within the scope of their employment

  2. A copyright protects the expression of an idea, while a work made for hire protects the idea itself

  3. A copyright protects the original work of authorship, while a work made for hire protects a new and original design for a manufactured article

  4. A copyright protects the physical embodiment of a work, while a work made for hire protects the intangible aspects of a work

  5. None of the above

Show answer
Correct Option: A
Explanation:

A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a work made for hire is a work that is created by an employee within the scope of their employment.

What is the difference between a copyright and a joint work?

  1. A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a joint work is a work that is created by two or more authors who intend to be joint authors

  2. A copyright protects the expression of an idea, while a joint work protects the idea itself

  3. A copyright protects the original work of authorship, while a joint work protects a new and original design for a manufactured article

  4. A copyright protects the physical embodiment of a work, while a joint work protects the intangible aspects of a work

  5. None of the above

Show answer
Correct Option: A
Explanation:

A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a joint work is a work that is created by two or more authors who intend to be joint authors.

What is the difference between a copyright and a derivative work?

  1. A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a derivative work is a work that is based on one or more preexisting works

  2. A copyright protects the expression of an idea, while a derivative work protects the idea itself

  3. A copyright protects the original work of authorship, while a derivative work protects a new and original design for a manufactured article

  4. A copyright protects the physical embodiment of a work, while a derivative work protects the intangible aspects of a work

  5. None of the above

Show answer
Correct Option: A
Explanation:

A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a derivative work is a work that is based on one or more preexisting works.

What is the difference between a copyright and a collective work?

  1. A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a collective work is a work that is created by a group of authors who are not joint authors

  2. A copyright protects the expression of an idea, while a collective work protects the idea itself

  3. A copyright protects the original work of authorship, while a collective work protects a new and original design for a manufactured article

  4. A copyright protects the physical embodiment of a work, while a collective work protects the intangible aspects of a work

  5. None of the above

Show answer
Correct Option: A
Explanation:

A copyright is a legal right that exists automatically upon the creation of an original work of authorship, while a collective work is a work that is created by a group of authors who are not joint authors.

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