BUL 3310: Intellectual Property and Trademark
Law: Exam 3 Review- Questions & Answers
Ownership of Copyright: Transfer Correct Ans-A copyright ownership may be transferred,
but it must be in writing and signed by the transferor. In some cases, one may transfer non-
exclusive rights to a work, which would not be a transfer of copyright ownership, but rather the
granting of a license. The granting of a license can be either through writing or verbal.
When is it a granting of a license and not copyright? Correct Ans-In some cases, one may
transfer non-exclusive rights to a work, which would not be a transfer of copyright ownership,
but rather the granting of a license. The granting of a license can be either through writing or
verbal.
Fair Use Exception Correct Ans-In some cases, individuals or organizations can produce
copyrighted works without paying royalties to the copyright holder.
"[T]he fair use of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by [Section 106 of the Copyright Act], for
purposes such as criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of copyright."
Fair Use Exception: 4 Part Test Correct Ans-1. The purpose and character of the use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a
whole
4. The effect of the use upon the potential market for or value of the copyrighted work.
, Parodies Correct Ans-Generally protected by "fair use" doctrine.
First Sale Doctrine: Section 109(a) of the Copyright Act Correct Ans-Provides that the owner
of a particular item that is copyrighted can, without the authority of the copyright owner, sell or
otherwise dispose of it. This is known as the "first sale" doctrine.
Under this doctrine, once a copyright owner sells or gives away a particular copy of a work, the
copyright owner no longer has the right to control the distribution of that copy. Thus, for
instance, a person who buys a copyrighted book can sell it to someone else.
First Sale Doctrine Example: Kirtsaeng v. John Wiley & Sons, 133 S. Ct. 1351 (U.S. 2013)
Correct Ans-Supap Kirtsaeng, a citizen of Thailand, was a graduate student at the University
of Southern California. He enlisted friends and family in Thailand to buy copies of textbooks
there and ship them to him in the United States. Kirtsaeng resold the textbooks on eBay, where
he eventually made about $100,000.
John Wiley & Sons, Inc., had printed eight of those textbooks in Asia. Wiley sued Kirtsaeng in
federal district court for copyright infringement. Kirtsaeng argued that Section 109(a) of the
Copyright Act allows the first purchaser-owner of a book to sell it without the copyright owner's
permission. The trial court held in favor of Wiley, and that decision was affirmed on appeal.
Kirtsaeng then appealed to the United States Supreme Court, which ruled in Kirtsaeng's favor.
The first sale doctrine applies even to goods purchased abroad and resold in the United States.
Intellectual Property and Ethics: Blackwell Publishing, Inc. v. Custom Copies, Inc., 2006 WL
1529503 (N.D. Fla. 2006). Correct Ans-Facts: Custom Copies, Inc., prepares and sells
Law: Exam 3 Review- Questions & Answers
Ownership of Copyright: Transfer Correct Ans-A copyright ownership may be transferred,
but it must be in writing and signed by the transferor. In some cases, one may transfer non-
exclusive rights to a work, which would not be a transfer of copyright ownership, but rather the
granting of a license. The granting of a license can be either through writing or verbal.
When is it a granting of a license and not copyright? Correct Ans-In some cases, one may
transfer non-exclusive rights to a work, which would not be a transfer of copyright ownership,
but rather the granting of a license. The granting of a license can be either through writing or
verbal.
Fair Use Exception Correct Ans-In some cases, individuals or organizations can produce
copyrighted works without paying royalties to the copyright holder.
"[T]he fair use of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by [Section 106 of the Copyright Act], for
purposes such as criticism, comment, news reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an infringement of copyright."
Fair Use Exception: 4 Part Test Correct Ans-1. The purpose and character of the use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a
whole
4. The effect of the use upon the potential market for or value of the copyrighted work.
, Parodies Correct Ans-Generally protected by "fair use" doctrine.
First Sale Doctrine: Section 109(a) of the Copyright Act Correct Ans-Provides that the owner
of a particular item that is copyrighted can, without the authority of the copyright owner, sell or
otherwise dispose of it. This is known as the "first sale" doctrine.
Under this doctrine, once a copyright owner sells or gives away a particular copy of a work, the
copyright owner no longer has the right to control the distribution of that copy. Thus, for
instance, a person who buys a copyrighted book can sell it to someone else.
First Sale Doctrine Example: Kirtsaeng v. John Wiley & Sons, 133 S. Ct. 1351 (U.S. 2013)
Correct Ans-Supap Kirtsaeng, a citizen of Thailand, was a graduate student at the University
of Southern California. He enlisted friends and family in Thailand to buy copies of textbooks
there and ship them to him in the United States. Kirtsaeng resold the textbooks on eBay, where
he eventually made about $100,000.
John Wiley & Sons, Inc., had printed eight of those textbooks in Asia. Wiley sued Kirtsaeng in
federal district court for copyright infringement. Kirtsaeng argued that Section 109(a) of the
Copyright Act allows the first purchaser-owner of a book to sell it without the copyright owner's
permission. The trial court held in favor of Wiley, and that decision was affirmed on appeal.
Kirtsaeng then appealed to the United States Supreme Court, which ruled in Kirtsaeng's favor.
The first sale doctrine applies even to goods purchased abroad and resold in the United States.
Intellectual Property and Ethics: Blackwell Publishing, Inc. v. Custom Copies, Inc., 2006 WL
1529503 (N.D. Fla. 2006). Correct Ans-Facts: Custom Copies, Inc., prepares and sells
