CA Copyright & Intellectual Property 2 — Questions and Answers
Question 1: An artist creates a painting and sells the original canvas to a collector. Which right does the artist retain by default under US copyright law?
- The right to prevent resale of the painting
- The copyright in the image (Correct answer)
- The right to reclaim the physical canvas
- The right to receive royalties on resale
Correct answer: The copyright in the image
Under the first sale doctrine, selling the physical artwork does not transfer the copyright, which remains with the artist unless explicitly assigned.
Question 2: Which type of license allows a licensee to use a copyrighted work while the copyright owner can still grant the same rights to others?
- Exclusive license
- Work-for-hire agreement
- Non-exclusive license (Correct answer)
- Compulsory license
Correct answer: Non-exclusive license
A non-exclusive license permits use of the work without restricting the copyright owner from licensing others.
Question 3: A graphic designer creates a logo for a client as a freelancer. Under US law, who owns the copyright in the logo if no written agreement exists?
- The client, because they paid for it
- The designer, as the creator (Correct answer)
- Both the client and the designer jointly
- The US Copyright Office
Correct answer: The designer, as the creator
Without a written work-for-hire agreement, a freelancer retains copyright in work they create, even if commissioned.
Question 4: What is the term for the legal doctrine that permits limited use of copyrighted material without permission for criticism, commentary, or education?
- Public domain
- Fair use (Correct answer)
- Compulsory licensing
- Moral rights
Correct answer: Fair use
Fair use is a legal doctrine that allows limited use of copyrighted material without the owner's permission under certain conditions.
Question 5: Which of the following is NOT protected by copyright under US law?
- A painted portrait
- A musical composition
- A title of a book (Correct answer)
- A choreographic work
Correct answer: A title of a book
Titles, names, short phrases, and slogans are not copyrightable; they may be protected by trademark law instead.
Question 6: An artist discovers that another person registered the copyright to the artist's own painting. What is the most appropriate first step?
- File a criminal complaint with local police
- Challenge the registration with the US Copyright Office (Correct answer)
- Sell the painting immediately to establish prior claim
- Apply for a new copyright under a different title
Correct answer: Challenge the registration with the US Copyright Office
Copyright registration can be challenged through the Copyright Office or federal courts when ownership is disputed.
Question 7: What does the Visual Artists Rights Act (VARA) specifically protect for qualifying works of visual art?
- The right to reproduce and distribute the work
- The right of attribution and integrity (Correct answer)
- The exclusive right to display the work publicly
- The right to create derivative works
Correct answer: The right of attribution and integrity
VARA grants visual artists moral rights of attribution (to claim authorship) and integrity (to prevent distortion or destruction of the work).
CA Copyright & Intellectual Property 2
An artist creates a painting and sells the original canvas to a collector.
Which right does the artist retain by default under US copyright law?