Copyright

Question 1

1

Answer 1

The oldest known privilege in resect to printing technique was granted in (where?) [VENICE], (in which century?) [XV CENTURY].

Question 2

1

Answer 2

[STATUTE OF ANNE] is known to be the first copyright act in Europe. It was enacted in England in ____ [1710].

Question 3

1

Answer 3

Copyright’s subject matter can be described as _______ [INTANGIBLE], since the protection refers to intellectual effort and not its material representation.

Question 4

1

Answer 4

[NON-EXCLUSIVITY] _______ of subject matter means that without normative instruments it is impossible to exclude others from using it.

Question 5

1

Answer 5

[NON-RIVALRY] _____ of subject matter enables countless usage of one subject matter by many people a the same time.

Question 6

Formalities in copyright law system:

Answer 6

are forbidden by the Berne Convention.

Question 7

Copyright law relates to a protection over:

Answer 7

phonograms and broadcasting recordings,

Question 8

Intellectual property law:

Answer 8

is protected under many international human rights conventions

Question 9

Moral rights system in copyright law:

Answer 9

has evolved from the idealistic approach to copyright law

Question 10

Copyright’s subject matter regarded as a fruit of intellectual labour of its creator is a concept introduced by:

Answer 10

natural rights theory

Question 11

Economic justification of copyright is generally based on an idea that:

Answer 11

normative protection will function as incentive to create because the creator will be secured in order to recoup his/hers investments

Question 12

The so-called ‘romantic authorship’ concept:

Answer 12

is particularly evident within civil law countries (continental Europe)

Question 13

The basic normative framework to interpret international treaties is:

Answer 13

the Vienna Convention

Question 14

Principle of territoriality in international private law means that:

Answer 14

rights and obligations of law’s subjects are limited within territory of particular state,

Question 15

The principle of automatic protection in the Berne Convention means that:

Answer 15

the enjoyment and the exercise of rights must not depend or be made conditional on any formality

Question 16

The Rome Convention:

Answer 16

is based on mostly similar rules like the Berne Convention however its subject matter are sound recordings and broadcasts

Question 17

The author wrote a book in Spanish and then another author translated it to English. The result is a:

Answer 17

derivative work

Question 18

In case of a work made for hire in common law, the employer:

Answer 18

is a first owner of copyright,

Question 19

A corporate body:

Answer 19

may be an author in some common law countries (e.g. the UK)

Question 20

In case of an unpredictable outcome of an algorithm’s operation whose authorship cannot be attributed to a human being (computer generated work) the author is:

Answer 20

in the UK, the person by whom the arrangements necessary for the creation of the work were undertaken.

Question 21

The person whose contribution to the work is merely financial and organizational is:

Answer 21

a producer

Question 22

In case of cinematographic work, according to EU directives the principal director is:

Answer 22

always an author

Question 23

The three basic moral rights are:

Answer 23

the right of paternity, the right to integrity, the right of disclosure;

Question 24

Moral rights first made their appearance in:

Answer 24

the early nineteenth century in French case law,

Question 25

Moral rights protect:

Answer 25

the non-economic “moral” (personal) interest of the author.

Question 26

Protection of moral interest is justified by the assumption that:

Answer 26

the work is an emanation of the author’s personality;

Question 27

the work is an emanation of the author’s personality;

Answer 27

the right to withdraw a work if there is a change in the author’s beliefs;

Question 28

The right against false attribution (the right of the person who is not really the author of a work and to whom authorship is falsely attributed) is:

Answer 28

not an author’s right.

Question 29

An example of the infringement of the right to integrity is:

Answer 29

deleting an element of a photograph (e.g. the background);

Question 30

An example of the infringement of the right of paternity is:

Answer 30

disclosing the name of an author of a work published anonymously or pseudonymously;

Question 31

According to article 6 bis of the Berne Convention, member states shall grant the authors:

Answer 31

the right to integrity and the right of paternity;

Question 32

Waiver of moral rights:

Answer 32

is not typical for traditional European approach;

Question 33

Under the Berne Convention Contracting States:

Answer 33

are not under such obligation and they can protect it by other legal means, such as through an action for defamation, an action for passing off etC.

Question 34

In traditional European approach the moral rights:

Answer 34

are inalienable, not inheritable and cannot be waived;

Question 35

Moral rights are independent of author’s economic rights, which means that:

Answer 35

they remain with the author even after the transfer of his economic rights;

Question 36

Under the Berne Convention the waiver of moral rights is:

Answer 36

permissible;

Question 37

At the international level, the problem of moral rights is addressed by:

Answer 37

Berne Convention, WIPO Performances and Phonograms Treaty.

Question 38

The common feature of the exceptions and limitations to economic rights is that they allow works to be used:

Answer 38

without the consent of their authors;

Question 39

Exceptions or limitations that allow works to be used without the consent of their authors and without payment of remuneration or fee are known as:

Answer 39

permitted uses;

Question 40

Exceptions and limitations in the Berne Convention are mentioned:

Answer 40

as a general exception (the three-step test) and as a list of specific exceptions.

Question 41

Article 9(2) of the Berne Convention specifies three conditions that must be met if a Contracting State wants to introduce an exception to:

Answer 41

the reproduction right;

Question 42

Within the Berne Convention three-step test exception the use of works that have not yet been disclosed is:

Answer 42

not permissible.

Question 43

Private copy exception form Information Society Directive fulfils the third step of the Berne Convention three-step test because:

Answer 43

the authors obtain fair remuneration.

Question 44

According to CJEU private copying exception is permissible:

Answer 44

only when the used work originates from lawful source;

Question 45

The Berne Convention three-step test condition that exceptions and limitations may only be introduced in “certain special cases” means that:

Answer 45

exceptions or limitations should be narrow in a quantitative as well as in a qualitative sense;

Question 46

Which of the following is not the factor used to determine whether the use of the work is fair use?

Answer 46

The influence on the moral rights of the author.

Question 47

The advantage of the fair use model is:

Answer 47

flexibility only.

Question 48

In case of the exception for purpose of scientific research under the Berne Convention it is permitted to:

Answer 48

reproduce the work.

Question 49

The mandatory exception under the Berne Convention is:

Answer 49

use in quotation

Question 50

The main justification for the permitted use of works in reporting of current events is:

Answer 50

free flow of information

Question 51

The mandatory exception under the EU law is:

Answer 51

exception regarding temporary acts of reproduction (e.g. in RAM memory).

Question 52

In case of permitted use for illustration for teaching in the EU it is not allowed to:

Answer 52

broadcast the work

Question 53

The right of the licensee to bring an infringement action is not typical for:

Answer 53

Non-exclusive licence

Question 54

The requirement for written form of the contract is typical for:

Answer 54

Assignment contract

Question 55

Purchase of a book in a bookshop results in acquiring:

Answer 55

Ownership of the paper and the ink.

Question 56

In return for the assignment of copyright to the work the assignor will normally receive:

Answer 56

A lump sum.

Question 57

The result of the license agreement is that:

Answer 57

The licensee is authorized to use the work in certain manner, without obtaining copyright.

Question 58

In most countries when the work has not yet been created the assignment of copyright:

Answer 58

Is possible

Question 59

The copyright to a work is divisible. It means that:

Answer 59

Partial assignment (e.g. only the right to release the movie on DVD) is allowed.

Question 60

The copyleft clause means that:

Answer 60

The user is obliged to distribute the work or derivative works based upon it, under the same license.

Question 61

The copyleft clause is:

Answer 61

Typical but not necessary element of open license.

Question 62

Mutual representation agreements are concluded between:

Answer 62

Different collective management organisations from different countries;

Question 63

The terms: „related rights and „neighbouring rights” have:

Answer 63

The same meaning.

Question 64

Related rights were introduced to protect:

Answer 64

Mere artistic, organizational or financial contribution.

Question 65

Which of the following treaties is doesn’t deal with related rights?:

Answer 65

The Berne Convention for the Protection of Literary and Artistic Works accepted in Berne, in 1886.

Question 66

The TRIPS Agreement granted the producers of phonograms:

Answer 66

Rental rights.

Question 67

Performers are granted:

Answer 67

Both moral and economic rights.

Question 68

Which right is not granted to performer in the case of an unfixed performance?

Answer 68

The right of reproduction.

Question 69

The right of distribution allows performer to:

Answer 69

Control the subsequent sale or exchange of copies of his or her performances once they have been made.

Question 70

The lending right is granted to performers by:

Answer 70

The EU law but Member States may derogate from this exclusive right.

Question 71

Indicate the true sentence concerning the performers rights to authorize the broadcasting and communication to the public:

Answer 71

Broadcasting is wireless and covers images and sounds.

Question 72

Performers enjoy the right to remuneration for broadcasting and communication to the public:

Answer 72

if the performance is transmitted on the basis of a phonogram.

Question 73

According to the WPPT the right to remuneration in the case of broadcasting:

Answer 73

Is limited to the use of phonograms, thus covers only sounds.

Question 74

The performers right to make their fixed performances available to the public allows them to authorize the public dissemination of their performances fixed in phonograms via:

Answer 74

Internet.

Question 75

In the EU the economic rights of performers are, as a rule, protected for:

Answer 75

50 years following the date of the performance.

Question 76

According to the WPPT performers are granted:

Answer 76

The right of paternity and the right of integrity.

Question 77

The “phonogram” is:

Answer 77

The fixation of sounds;

Question 78

The producer of the phonogram may be:

Answer 78

The natural person or the legal entity;

Question 79

Producers of phonograms do not have the:

Answer 79

Fixation right

Question 80

The reproduction of a phonogram made from a broadcast of the original recording (the indirect reproduction):

Answer 80

is covered by related rights of producer of phonogram.

Question 81

The 50 years period of protection of the rights of producer of phonograms, as a rule, starts running from:

Answer 81

the end of the year in which the phonogram was published

Question 82

The term of protection of broadcasters rights under WPPT is:

Answer 82

not specified. This Treaty does not cover the rights of broadcasting organizations.

Question 83

Which exceptions or limitations to related rights are allowed under the WPPT?

Answer 83

The same kind of limitations and exceptions as those contained in the national laws of Contracting States in relation to copyright.

Question 84

Does the TRIPS Agreement of 1994 apply to broadcasting organizations?

Answer 84

Yes

Question 85

The term of protection of broadcasters rights under the TRIPS Agreement

Answer 85

20 years

Question 86

In the EU the related rights to photographs lacking originality is:

Answer 86

not mandatory;

Question 87

The rights to critical and scientific publications under EU law may be granted for:

Answer 87

at most 30 years from the time when the publication was first lawfully published.

Question 88

Under the Rome Convention, the broadcastings organization right to reproduction is limited only to the reproduction of fixations of broadcasts that were made without their consent, which means that broadcasters may not prohibit the reproduction of the copy made with their consent.

Answer 88

Yes

Question 89

The scope of related rights of film producers un the EU includes the right of communication to the public distinct from the right of making available to the public:

Answer 89

No

Question 90

The related right to previously unpublished works in the EU is granted when such a work:

Answer 90

is published as a tangible copy, only.