Yates ch13 - test bank PDF

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Business Law in Canada, 11e (Yates) Chapter 13 Intellectual Property1) Which of the following is the correct definition of a chattel? A) A chattel is a name used to describe the land registration system in place in the Western provinces. B) Chattel is an intangible form of personal property, such as...

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Business Law in Canada, 11e (Yates) Chapter 13 Intellectual Property 1) Which of the following is the correct definition of a chattel? A) A chattel is a name used to describe the land registration system in place in the Western provinces. B) Chattel is an intangible form of personal property, such as a debt or claim. C) Chattel refers to intellectual property such as patents and copyrights. D) Chattel is the term used to describe tangible personal property or movables. E) The term chattel is a broad term used to describe any kind of property interest. Answer: D Diff: 1 Type: MC Page Ref: 429 Topic: Ch. 13 - Intellectual Property Skill: Recall Objective: Chapter 13: 1. Identify and distinguish intellectual property from other forms of personal property. Bloom's Taxonomy: Knowledge 2) Which of the following is essential for a work to have copyright protection? A) The idea on which the work is based must be original. B) The subject matter of the work must only fall into either musical or artistic categories. C) The expression of the idea must be an original product of the author's own skill. D) The expression of the idea will generally be sufficient. E) The creator of the work must register his/her work in Canada. Answer: C Diff: 2 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 2. Review the history of copyright legislation in Canada, including the latest enactment. Bloom's Taxonomy: Knowledge

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3) Tom, a classmate of yours at Red River College, was employed as a programmer by Mohawk Oil Company about three months after graduation. Because you could understand the program he was working on and because you write well, he called to ask if you wanted to take on the task of writing the manual to accompany the program. Read each of the following separately and indicate which is true. A) The issue of who owns copyright in the manual depends solely on who writes it. B) If two persons wrote the manual together, only one person can have ownership of the copyright. C) If the company hires you as an employee to write the manual, the company would own copyright unless your employment contract provided otherwise. D) If you contract as an independent contractor (independent consultant) with the company, and the contract does not specify otherwise, the company owns the copyright. E) The owner of the copyright will be whoever first gets his claim of ownership in the copyright office. Answer: C Diff: 2 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Applied Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 4) Which of the following is true with regard to our Canadian Copyright Act? A) The statute is a provincial statute with each province having its own unique statutes. B) The statute expressly provides that computer programs are not copyrightable. C) The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c) year of creation, name of creator. D) The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary. E) Copyright is protected both by statute and in common law. Answer: D Diff: 2 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge

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5) As part of his preparation for a debate on whether the Criminal Code should be amended to include a crime for the unauthorized use of computer programs, Joe photocopied a short essay on the topic to study at home. The essay proved to be an excellent argument for his side—namely, that such a crime should be created. Although some of the other articles advanced different arguments he could use, Joe was short of time and just turned in the essay as his own and later used its ideas in the debate. Which of the following is true? A) The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. B) Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words. C) There would be an infringement of copyright when Joe used the essay as his own work. D) Joe cannot use the essay in any way without infringing copyright. E) There can be no infringement of copyright by a student. Answer: C Diff: 3 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Applied Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 6) If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence, the owner could get a court order to allow him to search and seize the evidence. Which of the following is such an order? A) Interlocutory injunction B) Execution order C) Anton Piller order D) Order for an accounting E) Order for specific performance Answer: C Diff: 1 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge

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7) Pete is an accountant and Judy works in a bank, but every evening of last year they worked to create a clever computer game. When they finished, they had no difficulty in gaining the interest of a publisher. Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales. When the game was published, the advertising was rather vulgar but acceptable to Pete and Judy. They learned, however, that there was a further change — the villain had been changed and clearly represented a world leader of an Asian country. Pete and Judy were embarrassed and outraged. On these facts, which of the following is true? A) They have no cause of action because once there has been an assignment of rights, the creators would not have their name on the product and thus no right to sue. B) They have a cause of action, even though there has been a partial assignment, if the modification is prejudicial to their honour or reputation. C) They would have a cause of action only if the contract provided that there should be no alterations without their consent. Such a change would then be a breach of contract. D) There is no protection here since a game is not something that can be copyrighted. E) They have no protection here since they failed to register their copyright in the game. Answer: B Diff: 3 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Applied Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 8) Which of the following is true with regard to copyright law in Canada? A) A Canadian author must register upon the creation of her book in order to acquire copyright protection. B) Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. C) Generally, the term of copyright is fifty years. D) Registration of copyright is restricted to published works. E) Everyone can receive copyright protection in Canada for his or her work created elsewhere. Answer: B Diff: 2 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge

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9) Which of the following is false with regard to copyright law in Canada? A) A Canadian author automatically acquires copyright upon the creation of her book, if she wasn't employed to write it. B) Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. C) Generally, the term of copyright is the life of the author plus fifty years. D) Registration of copyright is restricted to published works. E) Not everyone can receive copyright protection in Canada for his or her work created elsewhere. Answer: D Diff: 2 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 10) Three students chose to work on a directed study project for Planned Parenthood Association. The project included the creation of an app for inventory control. The students went to the library to get a book on the topic. The book was in the reserve section, so the students made three copies of the four relevant pages so that they could study them. They used the ideas from the book and created an original app and a manual. Later, when the students were preparing a report for their presentation, they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction. They copied those four pages and used them as their own for the beginning of their twenty page report. At the presentation, seven copies of the report were made (with the code and manual as appendices). On these facts, which of the following is true? A) Although the students have created an app and a manual as a project, they would own the copyright on the app and the manual unless they had agreed otherwise. B) When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright, and they have no defence. C) Using the ideas from the book was an infringement of copyright. D) Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report. E) Because the copied pages were a very small part of the whole report, there was no infringement of copyright. Answer: A Diff: 3 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Applied Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge

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11) If Weird Al wants to take "Blue Bayou," a song composed by Roy Orbison, and replace only Orbison's lyrics and publish it under "Blue by You," a song about domestic violence, which of the following is true? Assume that all are Canadian citizens governed by Canadian law. Read each separately. A) Orbison's legal representative could not sue because Roy Orbison died and thus so did his copyright. B) Orbison's legal representative could not sue if Weird Al's lyrics were different, because the song would take on a whole new meaning. C) If, before his death, Orbison has signed a license agreement with Weird Al allowing him to use the music, there could be no lawsuit against Weird Al no matter how offensive the lyrics turned out to be. D) Weird Al could get protection for his original lyrics even if his lyrics were unpublished. E) Weird Al could get no protection for his original lyrics unless he sent a copy of his lyrics to the Copyright Office along with his application for copyright. Answer: D Diff: 3 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Applied Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 12) When is it appropriate for a copyright owner, as plaintiff, to ask the court to cite the defendant for contempt of court? Read each separately. A) When the defendant first infringes the copyright. B) When the defendant can't pay the $10,000 awarded by the court for copyright infringement. C) When the defendant refuses to stop infringing the plaintiff's copyright even after the court ordered an injunction. D) When the plaintiff has learned of the infringement and wants the court to order the defendant to show how much the defendant made by selling the plaintiff's work. E) When the plaintiff wants to seize the plates used by the defendant to make copies of the plaintiff's work. Answer: C Diff: 2 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge

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13) Which of the following correctly matches the term to its definition? A) Enhanced injunction—monetary compensation to the the victim B) Damages—court order that profits made from wrongdoing be paid over to the victim C) Permanent injunction—court order prohibiting offending conduct D) Statutory damages—damages in excess of the plaintiff's actual losses intended to punish E) Punitive damages—court order to refrain from future infringements Answer: C Diff: 1 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 14) When a Court orders that any profits made from wrongdoing be paid over to the victim, this is known as A) statutory damages. B) punitive damages. C) an accounting. D) compensatory damages. E) an injunction. Answer: C Diff: 1 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 15) Which of the following is not a remedy for a copyright infringement? A) Interlocutory injunction B) Anton Piller order C) Permanent injunction D) Certiorari E) Damages Answer: D Diff: 1 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge

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16) The effect of an Anton Piller order is to A) stop infringement before trial. B) seize material from the suspected wrongdoer. C) prohibit the offender from dealing with certain products. D) compensate holder of copyright. E) require the infringer to pay over any profits. Answer: B Diff: 1 Type: MC Page Ref: 431 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 17) In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find? A) Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights. B) Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases. C) A professor automatically owns copyright in works created by a student for his or her class. D) While a student owns the copyright in works he or she has created, a professor has moral rights in such works. E) While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works. Answer: A Diff: 2 Type: MC Page Ref: 438 Topic: Ch. 13 - Copyright Skill: Recall Objective: Chapter 13: 3. Outline the rights protected by copyright. Bloom's Taxonomy: Knowledge 18) After many failed attempts, the Copyright Act was amended by Parliament in 2012. Which of the following was not one of the amendments? A) It became illegal to circumvent access control locks for copyrighted digital materials. B) The YouTube exception was added. C) All copyright requires registration to be protected domestically. D) Education, satire, and parody were added to the allowable fair dealing uses. E) The recording of television shows for later viewing was allowed. Answer: C Diff: 1 Type: MC Page Ref: 437 Topic: Ch. 13 - 2012 Amendments to the Copyright Act Skill: Recall Objective: Chapter 13: 4. Identify the principal amendments covered by the 2012 legislation. Bloom's Taxonomy: Knowledge

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19) In Harvard College v. Canada (Commissioner of Patents), Harvard College sought protection for a genetically altered mouse. What was the result given the decision of the Supreme Court of Canada? A) Unless the Patent Act is amended, higher life forms can only be patented under the doctrine of "sound prediction." B) The oncomouse was granted patent protection on the basis that it was not the product of the laws of nature. C) The oncomouse was granted patent protection on the basis that it was the product of inventiveness. D) The oncomouse was granted patent protection on the basis that it was a non-naturally occurring composition of matter. E) Unless the Patent Act is amended, higher life forms cannot be patented in Canada. Answer: E Diff: 2 Type: MC Page Ref: 444 Topic: Ch. 13 - Patents Skill: Recall Objective: Chapter 13: 5. Outline the rights protected by patent laws. Bloom's Taxonomy: Knowledge 20) Monsanto Canada Inc. developed a strain of canola seed that was resistant to a herbicide that Monsanto produced. Monsanto patented this strain of genetically-engineered seed. Schmeiser, a farmer, noticed that some of his crop was resistant to this herbicide. He collected these seeds and replanted them. When it turned out his plants contained the genetically-modified genes, Monsanto sued for patent infringement. In the case of Monsanto Canada Inc. v. Schmeiser, what did the Supreme Court of Canada hold? A) One can patent genetically altered plant forms. Monsanto lost the action, however, as the farmer's infringement was not deliberate. B) While genetically altered plant forms can be patented for medical purposes, they cannot be patented for commercial gain. C) One can patent genetically altered plant forms. By collecting, saving, and planting the seeds, the farmer infringed the Patent Act. D) One cannot patent genetically altered plant forms. Life forms cannot properly be the subject of a patent application. E) Possession of genetically-modified plants is illegal in Canada. Accordingly, the civil action was dismissed. Answer: C Diff: 2 Type: MC Page Ref: 446 Topic: Ch. 13 - Patents Skill: Applied Objective: Chapter 13: 5. Outline the rights protected by patent laws. Bloom's Taxonomy: Knowledge

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21) Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true? A) Yung cannot get a patent for his improvement because it is not entirely new or novel. B) Yung could get a patent for his improvement and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it. C) Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine. D) The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement. E) Both Yung's improvement and the original machine lose their patent protection. Answer: C Diff: 2 Type: MC Page Ref: 443 Topic: Ch. 13 - Patents Skill: Applied Objective: Chapter 13: 5. Outline the rights protected by patent laws. Bloom's Taxonomy: Knowledge 22) In an article about the patents held by the Research Services Office at the University of Waterloo, it was written that none of the patents were there because someone set out to invent something new. "If we knew what it was that creates innovation, we would all be millionaires... it's chance, brilliance, an offhand remark...." We know that to obtain a patent we need to have created an "invention." Which of the following best defines a patentable invention? A) A new and useful machine B) An original artistic work C) A significant scientific principle D) Novel information used in a person's business which gives him or her a competitive edge E) A unique mark identifying a business or product Answer: A Diff: 1 Type: MC Page Ref: 443 Topic: Ch. 13 - Patents Skill: Recall Objective: Chapter 13: 5. Outline the rights protected by patent laws. Bloom's Taxonomy: Knowledge

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23) Which of the following is true with regard to the law governing patents? A) A patent will only be granted if the invention has been the subject of a publication of over one year prior to the application. B) Computer programs, as a general rule, can be patented as well as copyrighted, because they are a set of instructions to a computer. C) If a patent ...