CopyrightX: Revision Test Part 1 (Lectures 1 - 6) | Take the Quiz

L1 1. A requirement of copyright protection is that a creation must have the following element:

A. Originality

B. Novelty

C. To be artistic

D. To be commercial

L1 2. The Berne Convention requires each signatory country to grant:

A. To “protected authors” the same rights it accords to its own nationals.

B. Neighbouring rights

C. Effective mechanisms for punishing infringers

D. Expansion of the rights of performers

L1 3. Which country’s law applies when radio or TV broadcasting containing copyrighted material originates in another country?

A. Country where the radio or TV broadcastings are transmitting

B. The country, where viewers receiving and watching the broadcasting

C. None of the above

D. Both the above

L1 4. The TRIPS agreement parallels the Berne Convention, in the sense that:

A. They impose on member countries obligations to establish effective remedies when copyrights are violated

B. Both have a mechanism for compelling member countries to comply with their obligations

C. They impose moral rights

D. They share the principle of national treatment

L1 5. When the compositional elements in a photograph in common are “standard photographic conventions or devices” there will be no copyright infringement because it is considered to be

A. Not artistic

B. Not original

C. Scenes a faire

D. An idea

L2 1. Which theory Michael Snow used to support his claim for requesting the removal of the Christmas ribbons from Toronto's Eaton Centre form his work?

A. The welfare theory

B. The culture theory

C. The personality theory

D. The fairness theory

L2 1. Which theory Michael Snow used to support his claim for requesting the removal of the Christmas ribbons from Toronto's Eaton Centre form his work?

A. The welfare theory

B. The culture theory

C. The personality theory

D. The fairness theory

L2 2. In 1954 the US Supreme Court in the case of Mazer v. Stein, 347 U.S. 201 (1954) held that "Sacrificial days devoted to such creative activities deserve rewards commensurate with the services rendered." Which theory supports this statement?

A. The culture theory

B. The fairness theory

C. The personality theory

D. The welfare theory

L2 3. "There is certainly no kind of property, in the nature of things, so much his own, as the works which a person originates from his own creative imagination: And when he has spent great part of his life in study, wasted his time, his fortune & perhaps his health in improving his knowledge & correcting his taste, it is a principle of natural justice that he should be entitled to the profits arising from the sale of his works as a compensation for his labor in producing them, & his risk of reputation in offering them to the Public". Who said that?

A. Joel Barlow

B. John Philip Sousa

C. Stewart Sterk

D. William Fisher

L2 4. Which one of the following theoretical underpinnings is NOT within the remit of the personality theory?

A. The emotional or psychic bond between artist and creation

B. The enjoyment of a copyright work for every person

C. The self-realization as an individual

D. Modification might threat the author’s identity

L3 2. A particular object qualifies as a, “useful” article when

A. It has multiple uses

B. It has artistic utilitarian function

C. It has commercial valued.

D. It has very good quality

L3 3. The difference in music compositions with other copyrighted works is that

A. Compulsory licensing

B. Only publishers can license them

C. Only creators can license them

D. They cannot be licensed

L3 4. Copyright in choreography is given only

A. If choreographers capture their work in a medium

B. If the choreography is displayed publicly

C. If public do not know about the movements in choreography

D. If the choreography tells a story

L3 5. One of the activities software owners seek to control in software is

A. Consumer’s use of object code

B. Not to alter the object code

C. Trade secrets

D. Consumer’s reproduction of object code

L4 1. How does the welfare theory compare to the fairness theory?

A. The former is prospective, looking to the future and collective while the latter is personal and looks to compensate for work already created.

B. They can co-exist to underpin certain doctrines, I.e. Fair use

C. Welfare theory discusses only the monetary value of the creation, while fairness theory takes a wider moral view on the matter.

D. The fairness theory cannot provide incentives for co-creation, the welfare theory does.

L4 2. The welfare theory suggests that copyright is necessary, because:

A. Public goods should not be freely available

B. Unless creators can recoup the cost of their creations, they won’t produce

C. Free-riders will always find ways not to pay for consumption of goods.

D. Price discrimination allows for an economy based on wealth re-distribution in a fair manner, regardless of the product cost.

L4 3. Describe what “the problem of social goods” is according to the welfare theory

A. Luxurious goods that due to high pricing cannot be enjoyed by everyone.

B. Social beneficial goods that have high creation costs and positive externalities and thus are not accessible to all

C. Social beneficial goods that are non-rival and non-excludable and thus accessible to all

D. Categories of certain products that are non-rival but excludable due to technical imposed methods (e.g. DRM coffee pods)

L4 4. In September 2015, cryptocurrency BitCoin was officially deemed a commodity in the US by the Commodity Trading Futures Commission. If you apply welfare theory to this:

A. Digital Currencies would have to be controlled by the state to avoid the public good problem

B. To say Peer-to-Peer is a commodity would amount to completely stifling innovation online

C. Applying the welfare theory to crypto-currencies would amount to mask state-paternalism under copyright policy making

D. All of the above.

L4 5. In 2013 the toy company Golden Box filed for a declaratory lawsuit against universal music and the Beastie boys that the use of their song “girls” in their commercial was fair use. In the will of one of the founding members of the band is stated: “in no event may my image or name or any music or any artistic property created by me be used for advertising purposes”. What do you think?

A. Commercial use can be fair use, according to the welfare theory

B. Unauthorised commercial use is copyright infringement

C. Commercial use can only be fair use if it amounts to parody

D. Only non-profit activities can be fair use

L5 1. “Copyrights are sticky”: Choose the option that best describes this phrase.

A. Copyrights are attached to a particular work.

B. Copyrights are connected only to a sole creator of a work.

C. An author acquires a copyright and keeps it, even when the physical embodiment of a work is transferred to someone else.

D. Copyrights in a work are granted in a complicated way.

L5 2. A work that is prepared by an employee within the scope of his/her employment, whose copyright vests in the employer, is:

A. Collective work.

B. Work for hire

C. Work of joint authorship

D. Work with limited copyright protection.

L5 3. Which of the following is NOT a requirement for joint authorship?

A. The work is divided into separate parts, each attributed to its contributor.

B. The contributor’s intention for all contributions to merge into a unitary whole.

C. All contributions should be inseparable.

D. Each of the contributors has made a copyrightable contribution to the final work.

L5 4. Andy is an illustrator who works independently. Andy agrees with Bob in writing to work for him and prepare some illustrations. When the illustrations are ready, Bob pays Andy the agreed sum. Andy's illustrations consist of copyrighted material, which Bob later decides to use in a second unrelated project. Andy sues Bob for copyright infringement. Is Andy's claim likely to prevail?

A. No – Andy’s work has now been integrated into another project.

B. Yes - copyright in the illustrations belongs to Andy, as he is an independent contractor.

C. No, because Andy was Bob's employee and copyright in the illustrations belongs to Bob.

D. No, because Andy was paid for his work.

L5 5. In the case of Lindsay and RMS Titanic, involving the underwater filming of the wreck of the Titanic, the identity of the author was not obvious. The Supreme Court held that Lindsay owned the copyright in the filming, because:

A. The final product duplicated his conceptions of what the film should look like.

B. Lindsay had supervised and directed all aspects of the filming, even though he did not have his hands on the cameras.

C. Lindsay's ideas had been transposed into tangible form.

D. All of the above.

L6 3. A song is first composed in 1975, yet it is only published in 2005; when will it fall in public domain?

A. 45 years after the publication.

B. It is already in public domain.

C. 70 years after the publication.

D. 45 years after the death of the author.

L6 4. How long does the copyright protection last (post 1978 regime)?

A. 28 years.

B. During the life of the author.

C. 70 years.

D. The life of the author + 70 years.

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CopyrightX: Revision Test Part 1 (Lectures 1 - 6)

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