Know the definitions and rules. Be able to correctly recognize and apply them in hypothetical situations.
What is a trademark?
What does a trademark assure buyers?
What are the four functions of a trademark?
Trademark gives the holder the right to do what?
Besides a trade name, what else may be trademarked?
May generic terms be trademarked?
When must trademarks be renewed?
How long do trademarks last?
How can trademarks be lost?
What must trademark holders do to avoid losing the trademark? Who is responsible for ensuring that trademarks are not illegally used?
Are parody and news protected against claims of trademark infringement?
What changes in trademark law did the Federal Dilution Trademark Act bring about?
What rules came out of the Victoria's Secret case?
What is the process for establishing a trademark?
Who holds the rights to the symbol, word or phrase used as a trademark?
Copyright law
What does copyright law protect?
According to the U.S. Constitution, what is the purpose of copyright law?
Is copyright law federal or state law?
Copyright law provides copyright owners with what exclusive rights?
What may be copyrighted?
What is Congress' definition of "fixed in a tangible medium"?
What cannot be copyrighted?
Must a work be of high quality, new or novel to be copyrighted?
How is "original" defined? The author must contribute what?
May facts be copyrighted? What is the key to determining if a compilation of facts may be copyrighted?
May a news event be copyrighted? May the expression of the news be copyrighted?
What is unfair competition? What is it intended to stop? What is the critical legal issue in determining if unfair competition has occurred?
What is the duration of copyright protection for work created after Jan. 1, 1978?
What do critics mean when they refer to the Sonny Bono Copyright Extension Act as the Disney Copyright Extension? Critics see the law as a means of doing what?
What is a work for hire? (2 types)
Who owns the copyright for material produced under work for hire?
What is a "check-endorsement agreement"?
Is a copyright notice required for copyright protection? Why is such a notice prudent for the copyright holder? What must/should a copyright notice contain?
How does the plaintiff prove copyright infringement? Know ALL the steps and how they are applied by courts.
Fair Use:
What is the purpose of fair use?
What two interests are balanced by fair use?
In determining if a "fair use" has occurred, what four factors must courts consider? Know the four factors and HOW THEY ARE APPLIED.
Copyright: Parody
Is parody protected against claims of copyright infringement?
Elsmere Music v. NBC (2nd Cir. 1980)
Are parodies prohibited from using any of the original? Why?
ABILENE MUSIC, Inc. v. SONY MUSIC ENTERTAINMENT, INC
What are the facts of the case?
Understand how the rules regarding fair use and parody were applied in this case.
How does fair use foster artistic dialogue?
If the new work truly transforms the original work, through comment, criticism, or additional material, why is it both more deserving of fair use protection and less likely to thwart the purpose of copyright law?
Why is parody recognized as a form of fair use?
What is the connection between parody and the four factors of fair use? What effect does the parodic nature of the work have on the application of the four factors?
Why does parody have "an obvious claim to transformative value"?
Deciding that the new work is a parody necessarily entails finding that the new work is what?
In determining whether a new work is a parody of an original copyrighted work, what is the relevant inquiry? How is that applied in this case?
What is the heart of any parody? What were the court's reasoning and conclusion regarding the parody at issue in this case?
Did music reviewers perceive The Forest as a parody of Wonderful World?
To constitute a "parody," a work must be directed, at least in part, at what and its commentary must have critical bearing on what?
Why is work that appropriates material only for humorous effect treated differently under the fair use factors? How is it treated differently?
Does the fair uses analysis as a whole focus on quantitative measurements or qualitative examination? How is that applied in this case?
What was the court's reasoning in deciding that The Forest was not merely an attempt to gain commercial success while avoiding the drudgery of composing new material?
Under the third factor, how much of the original should the parodist use? So the question is not whether the parodist appropriated the most recognizable parts of the original work, but whether the parodist then took so much additional material that the use becomes what?
In general, the more transformative a new work is, the less likely it would be what? How does this apply particularly to parodies? How does this relate to the fourth factor?
What were the court's reasoning and conclusion regarding the fourth factor in this case?
How is it possible that a parodic work could have an effect on the potential markets for derivative works? Did that occur in this case? How does this case differ from the Pretty Woman case?
Disallowing the use of Wonderful World in this case would contravene what and allow what? What is the similarity between this court's reasoning and the reasoning of the Tenth Circuit in Cardtoons?