B - No. Try again. This is a common misunderstanding. Just because a work is available online for free does not mean it is in the Public Domain.

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1 1. If a work is in the Public Domain, it means: A You can find it at a public library. B You can get it for free online. C You can copy it without getting Permission from anyone. D The Term of copyright in the work has run out. A - No. Try again. Whether a work is in the Public Domain is not a matter of where the work in physically located. Most works at public libraries are protected by copyright, though some older works found in a library may be in the public domain. B - No. Try again. This is a common misunderstanding. Just because a work is available online for free does not mean it is in the Public Domain. C - Yes. This is one of the correct answers. But just because a work is in the Public Domain for copyright purposes, it does not mean it is free to use. The work may contain images of protectible Trademarks or real people, which would require Permission from the trademark owner or person in the picture. D - Yes. This is one of the correct answers. When the Term of copyright runs out, the work enters the Public Domain. 2. True or False: Each state has its own copyright laws. COPYRIGHT CHALLENGE - copyrightkids.org TRUE - Sorry, try again. Copyright law is federal law and is the same for the entire country, so individual states do not have their own copyright laws. FALSE - Correct. States cannot pass their own copyright laws. Certain federal laws, including the U.S. Copyright Act, preempt state laws. Preempt means is that the federal law will govern and any state law that covers the same subject will be unenforceable. 3. True or False: As long as the operator of a fan web site for a TV show posts a big disclaimer saying that her site has not been approved by the TV show producers and that it is not being operated for commercial gain (meaning, she's not making any money on it), the fan can freely upload to her site any images, scripts, songs or clips from the show that she wants. TRUE - Not exactly, try again. While the TV show producers might not object to some uses of their properties on fan web sites, the fan here may still be Infringing the producers' copyright. Including disclaimers saying the site has not been approved and not trying to make money from it do not make a use a Fair Use. FALSE - Good Job! Including disclaimers saying the site has not been approved and not making money from it do not make a use a Fair Use.

2 4. Which of the following is/are defense(s) to copyright Infringement? A Fair Use B "I didn't know the work was copyrighted." C "I'm giving the copyright owner free publicity." A. Right. Fair Use is a defense to copyright Infringement. B. Sorry, try again. Not knowing a work is copyrighted is not a defense to copyright Infringement. C. Sorry, try again. Even if true, it is up to the Copyright Owner whether he or she wants the free publicity. An Infringement is an infringement even if the infringement offers some benefits to the copyright owner. 5. For a work to be protectible under copyright, it must: A Be original. B. Be Fixed in a Tangible Form of Expression. C Be of professional quality. D Include a Copyright Notice. A. Right. A work must be original. This is a fairly easy test to pass. There is another correct answer as well. Did you choose both correct answers? B. Right. A work must be Fixed in a Tangible Form of Expression. The need to view or hear the Expression can require a machine or device, so, for example, the work can be fixed on an audiocassette or on a computer disk. There is another correct answer as well. Did you choose both correct answers? C. Nope, try again. The work can be terrible but it can still be protected by copyright. D. No, try again. Copyright Notice is no longer required by the U.S. Copyright Act. 6. The Term of copyright for a work posted on a web site: A Does not exist because the internet is part of the Public Domain so it is not protected by copyright. B Is the same as the Term would be if the work was originally Published in print or any other Medium. C Lasts for the life of the author plus 70 years. D Depends upon whether a Copyright Notice is included on the web page on which the work appears. A. Sorry, try again. Works originally Published online are protectible by copyright.

3 B. Correct. The Term of copyright for works originally Published online is the same as works published in any other way. Did you know that there is another correct answer? C. Right. For works currently Published online or offline, the Term of copyright is life of the author plus 70 years. The term is calculated differently for works whose authors are non-persons such as corporations. Did you know that there is another correct answer? D. No, try again. Copyright Notice is no longer required and not using a notice will not change the copyright Term. 7. True or False: You just saw the coolest video clip on the internet. You want to download it and cut it into your own video that you have been working on. You will not use the entire video clip, so it should not be a problem to use the music. TRUE - True: Wrong, try again. Just because you get something off the internet, it does not mean that you can freely use it without Permission, as the same rules apply as to the physical world. If you want to include the entire video clip in your video, you would have to get permission from the Owner of the Copyright in the video. The copyright owner controls all of the rights in the video clip, including the right to duplicate and distribute the work. Depending on how much of the video clip you use, you may be able to use a very small portion of the clip as a Fair Use, but this will depend on the specific details of the situation. FALSE - False: Right. Just because you get something off the internet, it does not mean that you can freely use it without Permission, as the same rules apply as to the physical world. If you want to include the entire video clip in your video, you would have to get permission from the Owner of the Copyright in the video. The copyright owner controls all of the rights in the video clip, including the right to duplicate and distribute the work. Depending on how much of the video clip you use, you may be able to use a very small portion of the clip as a Fair Use, but this will depend on the specific details of the situation. 8. You wrote something and you want to send it to a writing contest. How would you copyright it? A It already is protected by the copyright law once you have written it down. B It isn't protected by the copyright law until you register it with the U.S. Copyright Office. C It isn't protected by the copyright law until you put a Copyright Notice at the bottom of the story. D It is never protected by the copyright law, because once you write it down, it becomes Public Domain. A. Right! It is already protected once you write it down, because it is Fixed in a Tangible Form of Expression. However, you may also want to register it with the U.S. Copyright Office, which is necessary to be able to sue someone for Infringement of your copyright. If you register the copyright within three months of Publication, you can get legal fees and Statutory Damages if you win your infringement case

4 B. Sorry, try again. It is already protected once you write it down, because it is Fixed in a Tangible Form of Expression. However, you may also want to register it with the U.S. Copyright Office, which is necessary to be able to sue someone for Infringement of your copyright. If you register the copyright within three months of Publication, you can get legal fees and Statutory Damages if you win your infringement case. C. Wrong, try again. It is already protected once you write it down, because it is Fixed in a Tangible Form of Expression. However, you may want to put the Copyright Notice on your story anyway, so that other people reading it will know that it is yours. D. Wrong, try again. Once you write it down, it is protected by copyright law because it is Fixed in a Tangible Form of Expression. A work only enters the Public Domain after the copyright Term expires, which currently is life of the author plus 70 years. 9. True or False: If a Copyright Owner knows that someone is Infringing his copyright, he must take legal action against the infringer or risk losing his copyright. TRUE - Wrong, try again. Copyright Owners have the right to decide who to sue and who not to sue. FALSE - Right! Copyright Owners have the right to decide who to sue and who not to sue. Not suing Infringers will not cause the copyright owner to lose his or her copyright in the infringed work. 10. Factors in determining whether a use of a copyrighted work is a Fair Use include: A Amount of the work used. B Effect on the commercial market for the work used. C Purpose of the use. D All of the above. A. Right. The more one uses of another work, the less likely the use will be considered a Fair Use. Did you select all of the correct answers? B. Right. If the use of the work cuts into the commercial market (meaning the ability to make money) for the original work or for possible Derivative and Licensed uses of the original work, the less likely the use will be considered a Fair Use. Did you select all of the correct answers? C. Right. The purpose of the use is an important factor. A use for purposes of commentary or criticism or for a non-commercial purpose is more likely to be a considered a Fair Use than a commercial use intended to entertain readers or viewers. Did you select all of the correct answers? D. Right. The three factors mentioned above are all considered in determining whether a use will be considered a Fair Use. See the other answers for more detailed explanations.

5 11. Which of the following items can be copyrighted? A An original poem posted on an online message board B Postings in a chatroom C Computer software D A banner ad E The title of a song A. Right. Poems are a good example of copyrightable text wherever they are published. Did you select all of the correct answers? B. Right. This is an interesting example that shows how online chat differs from regular conversation. Regular conversations between people in a park, for example, are not protectible by copyright because they are not Fixed in a Tangible Form of Expression. Did you select all of the correct answers? C. Correct. Software is protectible under copyright laws. Did you select all of the correct answers? D. Right. Advertisements, whether in print, on television or online will generally be protectible under copyright law. Did you select all of the correct answers? E. Nope, try again. Titles, whether of books, songs, movies or anything else are not protectible under copyright law. 12. Rights of copyright include: A B C D E The right to reproduce one's work. The right to display one's work. The right to distribute copies of one's work. The right to stop Fair Uses of one's work. COPYRIGHT CHALLENGE - copyrightkids.org The right to stop people from reselling copyrighted works after they bought them. A. Right. The basic right of copyright is the right to make copies of one's work, including the right to reproduce those works online. Did you select all of the correct answers? B. Right. The right to display one's copyrighted work is a right of copyright and this includes displaying one's work online. Did you select all of the correct answers? C. Right. The right to distribute one's copyrighted work is a right of copyright Did you select all of the correct answers? D. Right. The right to distribute one's copyrighted work is a right of copyright Did you select all of the correct answers? E.No, try again. Under what is known as the First Sale Doctrine, once someone buys a copy of a copyrighted work, he or she can sell or give away that copy of the work.

6 13. True or False: Expression of facts can be copyrighted. TRUE - Correct. This is a bit tricky. Facts cannot be copyrighted, but the way a writer states or Expresses those facts can be copyrighted. FALSE - Sorry, try again. This is a bit tricky. You're right that facts cannot be copyrighted, but the way a writer states or Expresses those facts can be copyrighted. 14. A kindergarten child's finger painting cannot be copyrighted because: A A child in kindergarten is just a little kid. B Anybody can finger paint. C It is not true; a kindergarten child's finger painting can be copyrighted. D A child in kindergarten does not care whether his work is copyrighted. A. Sorry, try again. A child in kindergarten is a little kid, but there are no age requirements for awarding copyrights. A kindergarten child's work may be protected by copyright. B. Sorry, try again. Just because anyone can finger paint doesn't mean that finger painting is not protectible. C. Right. Finger painting by a kindergarten child or anyone else is protectible under copyright laws. D. Sorry, try again. A work is copyrighted as soon as it is Fixed in a Tangible Form of Expression. It doesn't matter whether its creator cares, knows or even wants his work to be copyrighted. 15. True or False: You just read a great story from A Collection of Short Stories of 2000 and you think it would make a great play. You may be able to write a play based on the story to be performed at your local community teen theater, but first you would need to get Permission to use the story from the Copyright Owner. TRUE - Correct. Creating a play based on a short story is creating a Derivative Work. The Owner of the Copyright in the short story controls the right to create derivative works. This includes things like a play, translations into foreign languages, movies, TV shows and games based on the short story. You would have to get Permission from the owner of the copyright in the short story to do the play. FALSE - Wrong, try again. Creating a play based on a short story is creating a Derivative work. The Owner of the Copyright in the short story controls the right to create derivative works. This includes things like a play, translations into foreign languages, movies, TV shows and games based on the short story. You would have to get Permission from the owner of the copyright in the short story to do the play. 6. If you paint a mural on a classroom wall as an assignment for your art class, who owns the copyright? A The school because it owns the wall. B Your parents because you are too young to own a copyright. C Your art teacher because she assigned the art project.

7 D You do because you are the "author" of the work. COPYRIGHT CHALLENGE - copyrightkids.org A. No, try again. Ownership of the property on which a work of art is placed does not make the property owner the Owner of the Copyright. B. Sorry, try again. There are no copyright laws that prevent children from owning copyrights in their own names. C. No, try again. Merely because you are assigned an art project does not make the assigning teacher the Copyright Owner. D. Yes! You created the mural so you are the Copyright Owner. 17. True or False: If you buy the latest book by J.K. Rowling and knew that three of your friends would love it, you could make three copies of the book and sell them each a copy for less than you paid. TRUE - Wrong, try again. The Owner of the Copyright in the book controls all rights in the book, which includes the right to duplicate and distribute copies of the book. Without the copyright owner's Permission, you cannot do this, even if you wanted to give away the copies for free. It does not really make a difference if you charge them for it or not. FALSE - Right. The Owner of the Copyright in the book controls all rights in the book, which includes the right to duplicate and distribute copies of the book. Without the copyright owner's Permission, you cannot do this, even if you wanted to give away the copies for free. It does not really make a difference if you charge them for it or not. 18. Which of the following statements are correct? One purpose of copyright is to: A Give creators an incentive to create. B Promote the progress of the arts, culture, and literature. C Enable copyright owners to stop all unauthorized uses of their works. D Enable copyright owners to silence their critics. A. Yes. This is a major purpose of copyright. The theory is that by giving creators the ability to make money from their creations, they will be more likely to create works of art, literature, music, etc. Did you know there is another correct answer? B. Yes. By encouraging creators to be creative, society will benefit from the promotion of the arts, culture and literature. Did you know there is another correct answer? C. No, try again. Copyright is not intended to stop all uses of copyrighted work. Fair Use limits the Copyright Owner's Exclusive Rights by permitting uses in limited circumstances for purposes such as criticism, news reporting, teaching, and research. D. No, try again. Although some Copyright Owners may attempt to use copyright to silence their critics, this is not a purpose of copyright.

8 19. True or False: A work first published in the United States in 1922 is now in the Public Domain. TRUE - Right. The copyright term for works published before 1923 could last no longer than 75 years so a work published in 1922 would have ended no later than December 31, FALSE - Wrong, try again. The Copyright Term Extension Act, which added twenty years to the Term of copyright, applies only to works published in or after Works published in 1922 that did not already go into the Public Domain earlier entered the public domain on January 1, 1998 as their 75 year copyright term would have ended on December 31, Which of the following factors does a court look at to determine whether there's been Infringement? A B C D Whether the copy is identical to the original work Whether the copy is "substantially similar" to the original work Whether there is evidence that the alleged copier actually did copy the work Whether the person accused of infringing made any money from the copy made of the work A. No, try again. For one work to Infringe another it does not have to be an exact copy of the first, but the similarities must be significant -- or, as the courts say, there must be a substantial similarity between the infringing and original works. B. Yes. This is the test that courts use to determine if enough elements were copied for there to be an Infringement. Did you know there is another correct answer? C. Yes. To establish Infringement, the Copyright Owner has to show that the infringer actually copied the work or at least had access to it in order to copy it. There is no copyright infringement without copying. If you independently create a poem or painting that is similar to a prior work, but never saw the prior work, you cannot be liable for infringement. Did you know there is another correct answer? D.Sorry, try again. Whether or not an infringer made any money from his or her Infringing activity is irrelevant in determining whether someone who copied your work is liable for infringement 21. True or False: If you own a painting, you also own the copyright to the painting and can sell pictures of it. TRUE - Wrong, try again. Ownership of a work of art does not give you ownership of the copyright. The artist retains the copyright to the painting when she or he sells the painting itself. If you make and sell pictures of the painting, the artist can sue you for Infringement.

9 FALSE - Right. Ownership of a work of art and ownership of the copyright are completely separate. When you buy a painting or other work of art, you do not acquire the copyright. Although it is rarely done, from a copyright law point of view, there is no reason the artist could not agree to also sell you the copyright to the work, but, like any transfer of copyright, that agreement would have to in writing. 22. Fair Use is which of the following? A COPYRIGHT CHALLENGE - copyrightkids.org The right to copy entire copyrighted works without Permission so long as it's for solely personal use B C D A defense against copyright Infringement The right for schools and teachers to use any copyrighted works without Permission The right to download anything copyrightable from the internet A. No, try again. Fair Use does not give a blanket right to copy copyrighted works in their entirety for personal use. While some copying of entire works for personal use, such as videotaping a TV show to watch later or making a back-up copy of computer software, may be permissible, under most circumstances copying of an entire work, such as a song or a book, for your own use will still be an Infringement. B.Yes. The Fair Use doctrine is a defense against copyright Infringement, that applies in limited circumstances where a use was made for purposes such as criticism, comment, news reporting, teaching scholarship or research. It is not a right to use copyrighted works, but provides a defense if you are sued. C. No, try again. Although Fair Use is in part intended to permit schools and teachers to make limited copies of partial works for teaching purposes, fair use does not give teachers the absolute right to copy anything for use in the classroom. Otherwise, textbook publishers could never make enough money to pay to have the textbooks produced. That is why your teachers may hand out a passage or couple of pages from a book, but will not hand out copies of entire books. D. No, try again. The same rules apply to the internet as to other Medium. Copyright is fully protected on the internet. Fair Use is a defense to downloading from the internet only under the same circumstances as it would be fair use to make copies of something in the physical world.

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