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CCT206H5 Final: Exam Review-CCT206.docx

Communication, Culture and Technology
Course Code
Anthony Wensley
Study Guide

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Legal Basics
jurisdiction: is the limit or territory within which a court has the power, right, or
authority to interpret and apply the law
personal jurisdiction asks: does the court have authority over the parties?
subject matter jurisdiction asks: does the court have authority to hear the case?
in rem jurisdiction: is a form of jurisdiction in which the plaintiff proceeds against a
thing as opposed to a person
venue: is the proper location for trial of a lawsuit
long-arm statute: is a state law giving state court jurisdiction over an out-of-state
defendant whose actions caused damage in that state or to one of its residents
anatomy of a court decision*
procedural law: governs the machinery of the courts, specifically the process and
procedure of enforcing substantive rights
substantive law: as contrasted with procedural law, creates, defines, and regulates
common law: is non-codified law derived from court decisions and precedence
statutory law: is law codified in statutes passed by a legislative body and signed into
law by a chief executive
discovery: is the process during litigation where, prior to the start of a civil trial both
plaintiff and defendant can use civil procedural tools such as interrogatories,
depositions, requests for production, and subpoenas to compel the production of
evidence, in preparation for trial
verdict: is the judgement rendered by a jury
summary judgement: is a ruling by the court there is no material issue of fact to be
tried, and therefore the cause of action should be dismissed
default judgement: is granted when one party fails to perform a court ordered action,
such as appearing in court preventing the legal issue from being presented before the

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court, and the judge rules in favor of the compliant party (one who showed up, usually
the plaintiff)
actual damages: are compensation for losses suffered by the plaintiff due to harm
caused by the defendant
compensatory damages: provide a plaintiff with the amount of money needed to
replace what was lost
punitive damages: may be awarded in addition to actual damages to punish the
defendant and serve as an example to prospective defendant not to commit the same
statutory damages: are set amounts stipulated by a specific statute
treble damages: are a court award of three times the actual damages incurred. These
are intended to penalize the guilty party and discourage others from similar behavior
exclusive rights of copyright owners: several rights typically attached to the holder
of a copyright
Several exclusive rights typically attach to the holder of a copyright:
to produce copies or reproductions of the work and to sell those copies
(including, typically, electronic copies)
to import or export the work
to create derivative works (works that adapt the original work)
to perform or display the work publicly
to sell or cede these rights to others
to transmit or display by radio or video.
Copyright duration (U.S. & Canada):
Life + 50 years (copyright terms based on authors deaths)
For anonymous works, 50 years from publication or 75 years from creation, whichever
is shorter (copyright terms based on publication and creation dates)
Until year end
Life + 70 years, works published since 1978 or unpublished works (copyright terms
based on authors deaths)
95 years from publication or 120 years from after making (anonymous works,
pseudonymous works, or works made for hire, published since 1978). 95 years from
publication for works published for works published 1964-1977; 28 (if copyright not

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renewed) or 95 years from publication for works publishes 1923-1963 (Copyright prior
to 1923 have expired, not including copyrights on sound recordings published prior to
Feb 15, 1972, covered only under state laws.)
work-made-for-hire: is a creative work where he employer, and not the employee, is
considered the author
public domain: refers to created materials that either by law do not get copyright
protection or whose legal protection has lapsed
fair usedoctrine: is an affirmative defense to a copyright infringement claim
allowing limited use of a copyrighted work for criticism, comment, news reporting,
research, scholarship, or teaching
fair dealing: is a limitation and exception to the exclusive right granted by copyright law
to the author of a creative work
parody: is literary or artistic work imitating the characteristic style of an author or work
for comic effect or ridicule. A legal parody involves the conveyance of two simultaneous
but contradictory messages - it must target the work but be apparent it is not the
transformative use: is the result of a secondary work that has added value to an
original copyrighted work
attribution: is acknowledgement as credit the author of a work which is used or
appears in another work
integrity: the quality of being honest
plagiarism: copying someones work without any credit
Trademark scope and duration*
Lanham Act: governs trademark law in the United States
abandonment of trademark: occurs when a registered trademark falls into disuse or
when a trademark holder fails to protest unauthorized use of the trademark (if the
trademarked term becomes genericized, i.e., part of the common usage)
common usage: a generic trademark, also known as a genericized trademark or
proprietary eponym, is a trademark or brand name that has become the generic name
for, or synonymous with, a general class of product or service, usually against the
intentions of the trademarks holder
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