MGMT 311 CORE EXAM TEST 2026 QUESTIONS AND
ANSWERS GRADED A+
✔✔what is protected expression? (must be all 3) - ✔✔- work must be fixed in a durable
medium
- original
- one of the following: literary works, musical works & accompanied words, dramatic
works & accompanied music, pantomime or choreographic work,
pectoral/graphic/sculptural works, motion pictures, sound recordings, or architectural
works
✔✔can you copyright an idea? - ✔✔No; you copyright specific expression of ideas
✔✔if someone other than the copyright owner wants to use their material what needs to
happen? - ✔✔- a licensed agreement/contract must be formed
- royalties paid to copyright owner
✔✔copyright infringement - ✔✔form or expression of an idea is copied
✔✔what are the remedies for copyright infringement? - ✔✔- damages: actual:
compensation for loss (8) & statutory: must not exceed $150,000
- injunction: stop using it
✔✔6 fair use exceptions - ✔✔1. criticism
2. commentary
3. news reporting
4. teaching
5. scholarship
6. research
✔✔what are the 4 statutory factors used by courts to determine on a case by case basis
if the use of a work is a fair use? - ✔✔1. purpose/character os use
2. nature of copyrighted work
3. amount/portion of work used in relation to the whole work
4. effect of the use on potential market/value of work
✔✔copyright protection for software - ✔✔source code and programs are protected
✔✔are copyright and plagiarism the same thing? - ✔✔no
✔✔plagiarism - ✔✔using someone else's writings or ideas as one's own
✔✔can you be engaged in fair use and still be committing plagiarism? - ✔✔yes
, ✔✔t/f: plagiarism is not infringement - ✔✔t
✔✔a 7th grade teacher slips an article from the morning newspaper and makes copies
from his class to discuss. is this infringement or fair use? - ✔✔fair use
✔✔a college professor collects chapters from various books and brings them to the
local copy center to have them made into a class anthology. she reuses the same
anthology for 3 years& students are buying this collection at the copy center. is this
infringement or fair use? - ✔✔infringement
✔✔a college professor collects chapters from various books as in the previous example
and scans them and posts them on a course website. does it change your answer if he
isn't selling them? - ✔✔no; still infringement
✔✔a literacy critic quotes from 6 short stories in a scathing review of a popular author's
newest collection. is this infringement or fair use? - ✔✔fair use
✔✔pros/cons to copyright - ✔✔- inexpensive ($20 to register)
- long lasting
- doesn't protect ideas
- still lots of controversy with technology
✔✔trade secrets - ✔✔information owned by the company by which the company gains
a competitive advantage
- best way to protect a secret recipe
- must be disclosed to essential employees (have them sign a contract before they start
walking to keep secrets confidential)
✔✔how do trade secrets differ from trademarks & copyrights? - ✔✔- no registration or
filing requirements
- protection extends to ides & their expressions
- suitable for software
✔✔state and federal law on trade secrets - ✔✔one who discloses or uses another trade
secret without permission is liable if:
- they discovered the information by improper means
OR
- the disclosure or use constitutes breach of confidence reposed in him by the other in
disclosing the secret to him
✔✔pros/cons of trade secrets - ✔✔- can be longest lived form of IP
- can be inexpensive
- can be expensive (stealth fighters)
- doesn't always work
ANSWERS GRADED A+
✔✔what is protected expression? (must be all 3) - ✔✔- work must be fixed in a durable
medium
- original
- one of the following: literary works, musical works & accompanied words, dramatic
works & accompanied music, pantomime or choreographic work,
pectoral/graphic/sculptural works, motion pictures, sound recordings, or architectural
works
✔✔can you copyright an idea? - ✔✔No; you copyright specific expression of ideas
✔✔if someone other than the copyright owner wants to use their material what needs to
happen? - ✔✔- a licensed agreement/contract must be formed
- royalties paid to copyright owner
✔✔copyright infringement - ✔✔form or expression of an idea is copied
✔✔what are the remedies for copyright infringement? - ✔✔- damages: actual:
compensation for loss (8) & statutory: must not exceed $150,000
- injunction: stop using it
✔✔6 fair use exceptions - ✔✔1. criticism
2. commentary
3. news reporting
4. teaching
5. scholarship
6. research
✔✔what are the 4 statutory factors used by courts to determine on a case by case basis
if the use of a work is a fair use? - ✔✔1. purpose/character os use
2. nature of copyrighted work
3. amount/portion of work used in relation to the whole work
4. effect of the use on potential market/value of work
✔✔copyright protection for software - ✔✔source code and programs are protected
✔✔are copyright and plagiarism the same thing? - ✔✔no
✔✔plagiarism - ✔✔using someone else's writings or ideas as one's own
✔✔can you be engaged in fair use and still be committing plagiarism? - ✔✔yes
, ✔✔t/f: plagiarism is not infringement - ✔✔t
✔✔a 7th grade teacher slips an article from the morning newspaper and makes copies
from his class to discuss. is this infringement or fair use? - ✔✔fair use
✔✔a college professor collects chapters from various books and brings them to the
local copy center to have them made into a class anthology. she reuses the same
anthology for 3 years& students are buying this collection at the copy center. is this
infringement or fair use? - ✔✔infringement
✔✔a college professor collects chapters from various books as in the previous example
and scans them and posts them on a course website. does it change your answer if he
isn't selling them? - ✔✔no; still infringement
✔✔a literacy critic quotes from 6 short stories in a scathing review of a popular author's
newest collection. is this infringement or fair use? - ✔✔fair use
✔✔pros/cons to copyright - ✔✔- inexpensive ($20 to register)
- long lasting
- doesn't protect ideas
- still lots of controversy with technology
✔✔trade secrets - ✔✔information owned by the company by which the company gains
a competitive advantage
- best way to protect a secret recipe
- must be disclosed to essential employees (have them sign a contract before they start
walking to keep secrets confidential)
✔✔how do trade secrets differ from trademarks & copyrights? - ✔✔- no registration or
filing requirements
- protection extends to ides & their expressions
- suitable for software
✔✔state and federal law on trade secrets - ✔✔one who discloses or uses another trade
secret without permission is liable if:
- they discovered the information by improper means
OR
- the disclosure or use constitutes breach of confidence reposed in him by the other in
disclosing the secret to him
✔✔pros/cons of trade secrets - ✔✔- can be longest lived form of IP
- can be inexpensive
- can be expensive (stealth fighters)
- doesn't always work