MC 401 Bragg exam 3 Question with
complete solution 2025/2026
Fair Use Doctrine - correct answer ✔intellectual property used for purposes such as criticism,
comment, news reporting, teaching, scholarship, or non commercial research
Fair use factor #1 (purpose and character of secondary use) - correct answer ✔noncommercial
educational, parody, news, and personal entertainment usually included
Fair use factor #2 (nature of copyrighted work) - correct answer ✔a. is the work still available?
b. is it consumable (a worksheet)?
c. is it informational or creative?
d. is it published or unpublished? (author has the first right)
Fair use factor #3 - correct answer ✔the amount and sustainability of the portion used in the secondary
work (a question of quality and quantity)
fair use factor #4 - correct answer ✔the effect on the plantiff's potential market value
- gaining unauthorized benefits from someone else's work is called misappropriation or piracy
Assosiated Press lawsuit against artist Shepard Fairey - correct answer ✔-settled, NDA
-transformative work: taking something that exists, making it your own
Harper & Row Publishers, Inc. v. Nation Enterprises (1985) - correct answer ✔issue: does "fair use"
allow the unauthorized use of quotations from a public figures unpublished manuscript; does
publication of such newsworthy material have first amendment protection?
holding: no. the publication usupured Ford's right of first publication
, Campbell v. Acuff-Rose Music, Inc., 1994 - correct answer ✔Case Description:
-Luther Campbell of 2 Live Crew and Luke Skywalker records were sued for parody of Roy Orbison's "oh,
pretty women" (song played in class)
-Acuff- Rose music refused permission
issue: Can the fair use doctrine protect a parody from a copyright infringement claim?
holding: in this case, YES
purpose of use: a parody
Nature of work: difficult to determine fair use
Amount of sustainability: after opening riff and lyrics, the song departed markedly from original
Effect on market value: song had different audience
Trademarks - correct answer ✔ex. dumpster is no longer a trademark
thermos never was
velcro and popsicle are
Lanham trademark act of 1946 - correct answer ✔-any word, name, symbol, or device to identify goods
from others
complete solution 2025/2026
Fair Use Doctrine - correct answer ✔intellectual property used for purposes such as criticism,
comment, news reporting, teaching, scholarship, or non commercial research
Fair use factor #1 (purpose and character of secondary use) - correct answer ✔noncommercial
educational, parody, news, and personal entertainment usually included
Fair use factor #2 (nature of copyrighted work) - correct answer ✔a. is the work still available?
b. is it consumable (a worksheet)?
c. is it informational or creative?
d. is it published or unpublished? (author has the first right)
Fair use factor #3 - correct answer ✔the amount and sustainability of the portion used in the secondary
work (a question of quality and quantity)
fair use factor #4 - correct answer ✔the effect on the plantiff's potential market value
- gaining unauthorized benefits from someone else's work is called misappropriation or piracy
Assosiated Press lawsuit against artist Shepard Fairey - correct answer ✔-settled, NDA
-transformative work: taking something that exists, making it your own
Harper & Row Publishers, Inc. v. Nation Enterprises (1985) - correct answer ✔issue: does "fair use"
allow the unauthorized use of quotations from a public figures unpublished manuscript; does
publication of such newsworthy material have first amendment protection?
holding: no. the publication usupured Ford's right of first publication
, Campbell v. Acuff-Rose Music, Inc., 1994 - correct answer ✔Case Description:
-Luther Campbell of 2 Live Crew and Luke Skywalker records were sued for parody of Roy Orbison's "oh,
pretty women" (song played in class)
-Acuff- Rose music refused permission
issue: Can the fair use doctrine protect a parody from a copyright infringement claim?
holding: in this case, YES
purpose of use: a parody
Nature of work: difficult to determine fair use
Amount of sustainability: after opening riff and lyrics, the song departed markedly from original
Effect on market value: song had different audience
Trademarks - correct answer ✔ex. dumpster is no longer a trademark
thermos never was
velcro and popsicle are
Lanham trademark act of 1946 - correct answer ✔-any word, name, symbol, or device to identify goods
from others
