Wednesday, November 6, 2019

Sally, a friend of yours who just finished college and was hired at the local high school, wants to copy a number of articles from her class

Which of the following was developed by the United Nations as an alternative for countries who wanted to participate in some form of multilateral protection of copyrights, but did not want to agree to the terms of the Berne Convention? 
A. The Universal Copyright Convention
B. The Agreement on Trade-Related Aspects of Intellectual Property Rights
C. The Paris Convention
D. The Signatory Agreement
E. The US-Soviet Agreement
The Universal Copyright Convention (UCC) was developed by the United Nations as an alternative for countries that wanted to participate in some form of multilateral protection of copyrights but did not want to agree to the terms of the Berne Convention.

Which of the following is a principle of The Paris Convention of 1883? 
A. National treatment
B. Nonconditional protection
C. Complex treatment
D. Enforcement priority
E. Treaty affirmation
The Paris Convention of 1883 has three basic principles: (1) national treatment, as defined under the Berne Convention; (2) the right of priority, which allows a national of a member state, 12 months after filing in his or her home nation, to file an application in any other member state and have the date of application be the date of the filing in the home nation; and (3) common rules, which set out minimum standards of protection in all states.

Which of the following was the result in the "Case Opener" involving the lawsuit brought by Papa John's International, Inc. against former franchises? 
A. All claims were allowed to proceed except for claims of trademark infringement which were dismissed with prejudice without leave to replead the claim.
B. All claims were allowed to proceed except for claims of copyright infringement which were dismissed with leave to replead the claim.
C. All claims were dismissed except for claims of copyright infringement.
D. All claims were dismissed.
E. All claims were allowed to proceed.
The court denied the defendant's motion to dismiss with respect to all claims except the copyright claim. The court believed that the plaintiff could prove its case, or at least should have the opportunity to argue its case, in a court of law. The copyright claim was dismissed, but with leave to replead the copyright claim in a matter that clearly aligned the plaintiff's allegation with the legal requirements for copyright violation.

Sally, a friend of yours who just finished college and was hired at the local high school, wants to copy a number of articles from her class. She heard that you are taking business law and asks if you see any problem with her copying the articles. Based on the case in the text, Princeton University Press v. Michigan Document Services, Inc., what would you tell her? 
A. Under the fair use doctrine she is free to copy the articles because they are for educational purposes.
B. Under the fair use doctrine she must get permission from all copyright holders before copying the articles.
C. There are federal Classroom Guidelines on the issue and that you need to know more before you can advise her.
D. There are federal Classroom Guidelines that provide the maximum standards of educational fair use, and she is protected so long as she copies under 200 pages.
E. There are federal Classroom Guidelines that provide the maximum standards of educational fair use, and she is protected so long as she copies under 100 pages.
The federal Classroom Guidelines purport to "state the minimum and not the maximum standards of educational fair use," they do evoke a general idea, at least, of the type of educational copying Congress had in mind. The guidelines allow multiple copies for classroom use provided that several criteria are met.

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