Copyright Infringement & Remedies (Title 17, Chapter 5) Self-Quiz

 

 

 

 

 

 

 

 

 

Before suing a copyright infringer it is probably best to:
Choice 1 File a complaint with the Copyright Office asking for intervention.
 Choice 2 Send a “cease & desist” letter to the accused infringer.
 Choice 3 Prepare a derivative of the original work.
 Choice 4 Seek equitable remedies.
The two most common factors used to establish proof of copying are:
Choice 1 Access and similarity.
 Choice 2 Access and availability.
 Choice 3 Similarity and substantial likelihood of success on the merits.
 Choice 4 None of the above.
Damages available to copyright holders when infringement is found include:
Choice 1 Injunctions.
 Choice 2 Attorney’s fees.
 Choice 3 Impoundment.
 Choice 4 All of the above.
Attorney?s fees are awarded:
Choice 1 Whenever equitable remedies are sought.
 Choice 2 As one form of an equitable remedy.
 Choice 3 Only in §110 cases.
 Choice 4 When the court deems appropriate.
Charlie goes to lots of museums and art galleries each week looking for inspiration. One day he paints something which strikes him as particularly good. When he hangs it in his gallery window, Artie notices the painting and finds it amazingly similar to a work he painted some years ago which hangs in a local museum. Which of the following is most accurate:
Choice 1 Charlie’s painting only infringes on Artie’s if Charlie meant to copy Artie’s work.
 Choice 2 Charlie’s painting could infringe on Artie’s even if Charlie did not realize he was duplicating a painting he had recently seen elsewhere.
 Choice 3 Charlie’s painting will not infringe on Artie’s unless he actually used the original as a template to create his own.
 Choice 4 Charlie’s painting could infringe on Artie’s even if it is substantially different from Artie’s because Artie sees the similarity in brush strokes and overall theme.

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