FINAL EXAM:

• When does infringement occur?
   
  
• Does infringement have to be intentional?
   
  
• Even though registration is not required for protection, why should the copyright notice and corresponding information be affixed to the material?
   
  
• Does copyright apply to the Internet?
   
  
• What is the simplest way to avoid infringing on someone else's copyright?
   
  
• Remedies for infringement include what?

• What were the facts of this case?
   
  
• As you read the case, pay attention to how the copyright infringement elements and the fair use factors were applied to the facts of this case.
   
  
• In copyright infringement action, actual copying may be established how?
   
  
• What is the quantitative/qualitative approach to determining substantial similarity?
   
  
• What is the ordinary observer test for determining substantial similarity in a copyright infringement case?
   
  
• What is the total concept and feel test for analyzing substantial similarity in a copyright infringement case?
   
  
• What are the fragmented literal similarity test and the comprehensive nonliteral similarity test for analyzing substantial similarity in a copyright infringement case?
   
  
• How are the four listed statutory factors for fair use to be used by courts?
   
  
• What is the ultimate test of fair use in the copyright infringement context?
   
  
• In analyzing purpose and character of alleged fair use of copyrighted work, court considers what?
   
  
• Does commercial use tend to weigh against a finding of fair use?
   
  
• Are criticism, comment, scholarship, research, and other potential fair uses are less protected because their subject is the ordinary?
   
  
• Is the scope of fair use somewhat narrower with respect to fictional works than to factual works?
   
  
• Inquiry into the amount and substantiality of portion used in relation to copyrighted work must focus on what?
   
  
• In reviewing the effect of use upon potential market for or value of copyrighted work, the court considers what?
   
  
• Determining the effect of use upon the potential market for or value of copyrighted work must take account what regarding derivative works?
   
  
• Does being denied permission to use a work weigh against a finding of fair use?
   
  

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