Test Sheet

Mark your answers to the test by clicking next to your choice. Each question has only one answer. This test is worth 1 hour of credit.*

1. Copyright law is the only form of protection available to prevent the unauthorized exploitation of fictional characters.
True.   False.

2. A visually depicted character can be copyrighted separate and apart from the work in which it appears.
True.   False.

3. Fictional characters in works created before January 1, 1978, may fall into the public domain for:
A. Failure to file a timely application for copyright renewal.
B. Failure to place an appropriate copyright notice on the published work creating the fictional character.
C. A and B.
D. None of the above.

4. Fictional characters created before January 1, 1978, can be protected under copyright law for a period of how many years from initial publication before falling into the public domain?
A. 50 years.
B. 70 years.
C. 75 years.
D. 100 years.

5. Fictional characters created after January 1, 1978, may be protected under copyright law for the life of the author plus 50 years.
True.  False.

HYPOTHETICAL 1 The character Superdog was first featured by its creator, Springer Spaniel, in the comic book Superdog, the Super Dog. Superdog's main characteristics, as portrayed in the comic book, were that he possessed super doggy strength, could run faster than a speeding bullet, and was able to leap tall buildings in a single bound. Superdog was such a big hit that the famous director Oliver T. Bone, with Spaniel's permission, subsequently released the movie The Adventures of Superdog. In the movie, not only was Superdog known for his previous super doggy abilities, but Superdog also became known for his distinctive costume-a red cape and the letter "S" in bold yellow lettering across his chest.

6. Who is the most likely owner of the character Superdog?
A. Springer Spaniel.
B. Oliver T. Bone.
C. Both A and B.
D. None of the above.

7. Generally, a trademark owner cannot state a trademark infringement claim where the use is:
A. Not likely to cause confusion.
B. Noncompeting.
C. Merely descriptive.
D. All of the above.

8. Trademark protection for a fictional character is only good for a period of 50 years.
True.  False.

9. Trademark rights in a fictional character are acquired through registration of the character.
True.  False.

10. For fictional characters, trademark law can be used to protect the following with the exception of:
A. Names.
B. Physical appearance.
C. Artistic style.
D. Costumes.

11. The power of a character to symbolize a particular source is known as:
A. Primary meaning.
B. Secondary meaning.
C. Genericness.
D. None of the above.

12. Trademark rights in a fictional character whose name has been registered can be lost if:
A. The trademark owner fails to file a timely renewal.
B. The trademark owner does not use the mark continuously in commerce.
C. The mark is used to describe a product rather than a source.
D. All of the above.

13. Trademark anti-dilution protection for a fictional character can continue indefinitely.
True.   False.

14. A poster depicting the character Superman may by protectable under design patent law.
True.   False.

15. Patent protection is available to fictional characters for an indefinite amount of time.
True.   False.

16. An individual's right to control commercial exploitation of his or her name, image, likeness, or other elements of the individual's persona, is known as:
A. Unreasonable intrusion.
B. Right of publicity.
C. Public disclosure of private facts.
D. False light in the public eye.

17. Right of publicity may be used to protect all fictional characters.
True.   False.

HYPOTHETICAL 2
The character Zantar was created and published in 1982 in a comic book by the same name. Both the copyright and the trademark in the character Zantar were also registered by Zantar's creator that same year. Zantar is a wholesome all-American superhero dedicated to fighting crime and corruption in America's cities. The character was an immediate hit and was most popular among children ages 5 to 10. Zantar's creator therefore was quite disturbed the next year to learn that there was an X-rated adult film entitled Zantar Does Dallas, in which the main character, Mr. Zantar, resembles the comic book character Zantar. Zantar's creator wants to know what potential causes of action he may have against the maker of this film.

18. Can Zantar's creator bring a cause of action for copyright infringement?
Yes.   No.

19. Can Zantar's creator bring a cause of action for dilution of the distinctive value of his trademark?
Yes.  
No.

20. The owner of a fictional character cannot contractually negotiate:
A. The ownership of a copyright.
B. The extension of rights beyond the terms of protections in copyright, right of publicity, or patent law.
C. The elimination of restrictions that might cause a work to fall into the public domain.
D. None of the above.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.