MCQ Entertainment Law Lws008
- 1.
1. What agency issues licences for making covers of musical works?
- A.
• PPCA
- B.
• Viscopy
- C.
• CAL
- D.
• AMCOS
Correct Answer
D. • AMCOSExplanation
AMCOS, the Australasian Mechanical Copyright Owners Society, is the agency that issues licenses for making covers of musical works. They are responsible for granting licenses to individuals or organizations that want to reproduce or distribute copyrighted musical works. This ensures that the original creators of the music are properly compensated for the use of their work. Viscopy, PPCA, and CAL are other organizations that deal with copyright and licensing, but they are not specifically responsible for issuing licenses for making covers of musical works.Rate this question:
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- 2.
- What agency issues licences for sound recordings of music?
- A.
• CAL
- B.
• AMCOS
- C.
• Viscopy
- D.
• PPCA
Correct Answer
D. • PPCAExplanation
PPCA is the correct answer because it is the Australian agency that issues licences for sound recordings of music. CAL (Copyright Agency Limited) is an agency that issues licences for the use of text and images, not sound recordings. AMCOS (Australasian Mechanical Copyright Owners Society) is an agency that issues licences for the reproduction of musical works, not sound recordings. Viscopy is an agency that issues licences for the use of visual arts, not sound recordings.Rate this question:
- 3.
- In addition to the words of the contract itself which of the following may be taken into account when interpreting a written contract that is ambiguous?
- A.
• The subjective intentions of the parties
- B.
• Nothing
- C.
• The surrounding circumstances and the subjective intentions of the parties
- D.
• The surrounding circumstances
Correct Answer
D. • The surrounding circumstancesExplanation
When interpreting a written contract that is ambiguous, the surrounding circumstances may be taken into account. This means that factors outside of the contract itself, such as the context in which the contract was made, the actions and behavior of the parties involved, and any other relevant information, can be considered in order to determine the intended meaning of the contract. This can help to clarify any uncertainties or ambiguities in the language of the contract and provide a more accurate interpretation.Rate this question:
- 4.
- Damages may be awarded for the failure to comply with which of the following types of terms?
- A.
• Promissory terms and restraints of trade
- B.
• Promissory terms and exemption clauses
- C.
• Promissory terms only
- D.
• Promissory terms, exemption clauses and restraints of trade
Correct Answer
C. • Promissory terms only - 5.
- Which of the following is true when an artistic work is commercialised by a distributer agreement?
- A.
• The creator grants the distributer a share of the ownership of the work and the right to sell it on behalf of the creator.
- B.
• The creator grants the distributor the right to use the work
- C.
• The creator grants the distributer the right to sell on behalf of the creator but no other rights
- D.
• The creator grants the distributer full ownership of the work including the right to sell it
Correct Answer
C. • The creator grants the distributer the right to sell on behalf of the creator but no other rightsExplanation
When an artistic work is commercialized by a distributor agreement, the creator grants the distributor the right to sell the work on behalf of the creator, but no other rights. This means that the distributor is authorized to sell the work, but does not have any ownership or usage rights beyond the selling aspect.Rate this question:
- 6.
- Which of the following is normally true when an artistic work is commercialised by joint venture?
- A.
• The creator and joint venturer jointly own, but the partner has the sole right to use, the work and each can pledge the others credit
- B.
• The creator and joint venturer make equal contributions to, and jointly share any profits made from, the work and each can pledge the others credit
- C.
• The creator and joint venturer make different contributions to, and take different shares of any profits from, the work but neither can pledge each others credit.
- D.
• The creator absolutely assigns ownership of the work to the joint venturer but they jointly share any profits made from the work and each can pledge each others credit.
Correct Answer
C. • The creator and joint venturer make different contributions to, and take different shares of any profits from, the work but neither can pledge each others credit.Explanation
When an artistic work is commercialized by joint venture, it is normally true that the creator and joint venturer make different contributions to the work and take different shares of any profits. However, neither of them can pledge each other's credit. This means that both parties have a stake in the work and its profits, but they cannot use each other's credit for any purposes.Rate this question:
- 7.
- What is the remedy for serious breach of an inessential term that is an intermediate term?
- A.
• Termination of the contract and damages
- B.
• Termination of the contract only
- C.
• Termination of the contract and/or damages
- D.
• Damages only
Correct Answer
C. • Termination of the contract and/or damagesExplanation
The remedy for a serious breach of an inessential term that is an intermediate term is the termination of the contract and/or damages. This means that the party who has been harmed by the breach has the option to terminate the contract and seek damages for the losses suffered. The option of termination gives the injured party the ability to end the contract and be released from any further obligations, while the option of damages allows them to seek financial compensation for the harm caused by the breach.Rate this question:
- 8.
- Which of the following is true when an artistic work is commercialised by licencing?
- A.
• The creator licences ownership of the work
- B.
• The creator licences the right to distribute the work on behalf of the creator
- C.
• The creator licences the right to use the work but does not transfer ownership of the work
- D.
• The creator licences the right to jointly share any profits made from the work
Correct Answer
C. • The creator licences the right to use the work but does not transfer ownership of the workExplanation
When an artistic work is commercialized by licensing, the creator grants permission to others to use the work but retains ownership of it. This means that while others can use the work for various purposes, such as distribution or profit sharing, they do not gain ownership rights over the work itself. The creator still maintains control and ownership of the artistic work.Rate this question:
- 9.
- Which agency collects royalties on behalf of authors of books?
- A.
APRA
- B.
Viscopy
- C.
CAL
- D.
AMCOS
Correct Answer
C. CALExplanation
CAL, or the Copyright Agency Limited, is an agency that collects royalties on behalf of authors of books. They ensure that authors receive fair compensation for the use of their works, including photocopying, digital copying, and educational use. CAL works with publishers, libraries, and other organizations to license the use of copyrighted materials and distribute the royalties to the appropriate authors. They play a crucial role in protecting the rights and livelihoods of authors in the publishing industry.Rate this question:
- 10.
- Which agency issues licences for playing recorded music?
- A.
CAL
- B.
PPCA
- C.
Viscopy
- D.
APRA/AMCOS
Correct Answer
B. PPCAExplanation
PPCA (Phonographic Performance Company of Australia) is the agency that issues licenses for playing recorded music. They represent the rights of record labels and artists in Australia and ensure that they receive fair compensation for the use of their music. By obtaining a license from PPCA, businesses and organizations can legally play recorded music in public settings such as restaurants, bars, and retail stores. This helps support the music industry and ensures that artists and copyright owners are appropriately rewarded for their work.Rate this question:
- 11.
- If a company plays recorded music on call waiting, whom must it obtain licences?
- A.
• PPCA and viscopy
- B.
• APRA and AMCOS
- C.
• APRA and viscopy
- D.
• APRA and PPCA
Correct Answer
D. • APRA and PPCAExplanation
If a company plays recorded music on call waiting, they must obtain licences from APRA (Australasian Performing Right Association) and PPCA (Phonographic Performance Company of Australia). APRA licenses the public performance and communication rights of musical works, while PPCA licenses the public performance and communication rights of sound recordings. Therefore, both licences are required to legally play recorded music on call waiting.Rate this question:
- 12.
- Which of the following is normally true when an artistic work is commercialised by partnership?
- A.
• The creator and partner make different contributions to , and take different shares of profits from, the work but neither can pledge each others credit
- B.
• The creator and partner jointly own, but the partner has the sole right to use the work, and each can pledge each others credit
- C.
• The creator absolutely assigns ownership of the work to the partner but they jointly share any profits made from the work and can pledge each others credit
- D.
• The creator and partner make equal contributions to, and jointly share any profits made from, the work and can pledge each others credit
Correct Answer
D. • The creator and partner make equal contributions to, and jointly share any profits made from, the work and can pledge each others creditExplanation
When an artistic work is commercialized by partnership, it is normally true that the creator and partner make equal contributions to the work and jointly share any profits made from it. Additionally, they have the ability to pledge each other's credit. This means that both the creator and partner have an equal stake in the work and have the right to use it for commercial purposes. They also share the financial benefits and have the authority to represent each other in business transactions related to the work.Rate this question:
- 13.
- What is the remedy for a non serious breach of an inessential term that is an intermediate term?
- A.
• Termination of the contract and damages
- B.
• Termination of the contract and/or damages
- C.
• Damages only
- D.
• Termination of the contract only
Correct Answer
C. • Damages onlyExplanation
The remedy for a non serious breach of an inessential term that is an intermediate term is damages only. This means that the party who suffered the breach can seek compensation for any losses or harm caused by the breach, but the contract itself is not terminated. Termination of the contract and/or damages may be appropriate for more serious breaches, but for a non serious breach of an inessential term, damages alone are sufficient.Rate this question:
- 14.
- In Main Line Pictures v Basinger 1992 WL 814244 (Cal App 1994) the court held that where the parties make an oral agreement based on an unsigned deal memo:
- A.
• An oral agreement can never be legally binding and the parties will only be bound if a written agreement is later signed
- B.
• An oral agreement may be legally binding but may be terminated by one of the parties if they do not like the terms of the later written agreement
- C.
• The oral agreement will only be binding if a written agreement is later signed
- D.
• The oral agreement may be binding even if the parties intend that will be later superseded by a signed written agreement.
Correct Answer
D. • The oral agreement may be binding even if the parties intend that will be later superseded by a signed written agreement.Explanation
The court held in Main Line Pictures v Basinger that an oral agreement may still be legally binding even if the parties intend for it to be superseded by a later signed written agreement. This means that even if the parties plan to create a more formal written agreement in the future, the oral agreement can still hold legal weight.Rate this question:
- 15.
- Which of the following is true when an artistic work is commercialised by assignment?
- A.
• The creator assigns the right to use the work but not ownership of the work
- B.
• The creator assigns the right to distribute the work on behalf of the creator
- C.
• The creator absolutely assigns ownership of the work
- D.
• The creator assigns the right to jointly share any profits from the work
Correct Answer
C. • The creator absolutely assigns ownership of the workExplanation
When an artistic work is commercialized by assignment, the creator absolutely assigns ownership of the work. This means that the creator transfers all rights and ownership of the work to another party, who then has complete control and ownership over the work. The creator no longer has any rights or control over the work and cannot claim ownership or profit from it.Rate this question:
- 16.
- If night club plays recorded music, the royalties it pays are based on:
- A.
• The number of people the venue holds
- B.
• A fee as fixed for each particular song
- C.
• A flat fee per song
- D.
• The number of people who attended the venue that night
Correct Answer
A. • The number of people the venue holdsExplanation
The correct answer is "The number of people the venue holds". This means that the royalties paid by the night club for playing recorded music are determined by the capacity of the venue, or the maximum number of people it can hold. The more people the venue can accommodate, the higher the royalties it will have to pay. This makes sense as the potential audience size directly affects the exposure and potential revenue for the music being played.Rate this question:
- 17.
- If a written contract is ambiguous in relation to a particular matter the court will:
- A.
• Allow evidence of the negotiations between parties in order to clarify what was agreed
- B.
• Allow evidence of the subsequent conduct of the parties in order to clarify what was agreed
- C.
• Always refuse to reinforced the contract
- D.
• Allow evidence of the context of the contract to clarify what was agreed
Correct Answer
D. • Allow evidence of the context of the contract to clarify what was agreedExplanation
If a written contract is ambiguous in relation to a particular matter, the court will allow evidence of the context of the contract to clarify what was agreed. This means that the court will consider the surrounding circumstances, background information, and any other relevant factors to interpret the contract and determine the intentions of the parties involved. This is done in order to resolve any ambiguity and reach a fair and reasonable interpretation of the contract.Rate this question:
- 18.
- What is the remedy for a breach of an essential term?
- A.
• Damages only
- B.
• Termination of the contract only
- C.
• Termination of the contract and damages
- D.
• Termination of the contract and/or damages
Correct Answer
D. • Termination of the contract and/or damagesExplanation
The remedy for a breach of an essential term is the termination of the contract and/or damages. This means that the party who has suffered the breach can choose to terminate the contract and seek damages for any losses they have incurred as a result of the breach. The option of termination gives the innocent party the right to end the contractual relationship if they no longer wish to continue with it due to the breach. Additionally, they can also claim damages to compensate for any harm or loss they have suffered due to the breach.Rate this question:
- 19.
- In addition to the words of the contract itself which of the following may be taken into account when interpreting a written contract that is not ambiguous?
- A.
• The subjective intentions of the parties
- B.
• Nothing
- C.
• The surrounding circumstances
- D.
• The surrounding circumstances and subjective intentions of the parties
Correct Answer
B. • NothingExplanation
When interpreting a written contract that is not ambiguous, only the words of the contract itself are taken into account. The subjective intentions of the parties and the surrounding circumstances are not considered in this case. Therefore, the correct answer is "Nothing".Rate this question:
- 20.
- In Leading Edge Events Australia PTY LTD v Kiri Te Kanawa & Ors [2007] NSWSC 228, the court found that in the case of two parties to a negotiation in relation to a project that does not eventuate, despite the exchange of a letter of intent, but one of the parties has incurred expenses during the work beneficial for the project:
- A.
• The court may access reasonable compensation for those services
- B.
• The court will grant no remedy because a letter of intent is not a binding contract
- C.
• The court will imply a binding contract between parties
- D.
• The court will grant a remedy that will void detriment
Correct Answer
A. • The court may access reasonable compensation for those servicesExplanation
If one of the parties has incurred expenses during work beneficial for the project, the court may access reasonable compensation for those services. This means that even though there was no binding contract in place, the party who performed the work can still be compensated for their services.Rate this question:
- 21.
- Which agency issues licences for musical compositions and lyrics?
- A.
• APRA
- B.
• PPCA
- C.
• CAL
- D.
• AMCOS
Correct Answer
A. • APRAExplanation
APRA (Australasian Performing Right Association) is the correct answer because it is an agency that issues licenses for musical compositions and lyrics. APRA represents the rights of songwriters, composers, and music publishers in Australia and New Zealand, ensuring that they are properly compensated for the use of their works. They collect royalties on behalf of their members and grant licenses to individuals and organizations that want to use their music publicly.Rate this question:
- 22.
- Which agency issues licences to educational institutions on behalf of photographers?
- A.
• AMCOS
- B.
• CAL
- C.
• APRA
- D.
• Viscopy
Correct Answer
B. • CALExplanation
CAL, or Copyright Agency Limited, is the agency that issues licenses to educational institutions on behalf of photographers. This means that CAL is responsible for granting permission to educational institutions to use copyrighted photographs for educational purposes.Rate this question:
- 23.
- What is the remedy for a breach of an inessential term that is a warranty?
- A.
• Termination of contract and damages
- B.
• Damages only
- C.
• Termination of the contract only
- D.
• Termination of the contract and/or damages
Correct Answer
B. • Damages onlyExplanation
When there is a breach of an inessential term that is a warranty, the remedy is typically limited to damages only. This means that the party who suffered the breach can seek compensation for any losses or harm caused by the breach, but the contract itself is not terminated. The other party is still obligated to fulfill the rest of the contract.Rate this question:
- 24.
- Which of the following marks are not likely to have the inherent capability to distinguish goods or services with or provide in the course of a trade from a person from goods and services so dealt with or provided by another?
- A.
• Most ‘coined’ words
- B.
• Geographical names unlikely to have a connection with the goods or services claimed
- C.
• Surnames (even if common place)
- D.
• Personal and company names that are not common place
Correct Answer
C. • Surnames (even if common place)Explanation
Surnames, even if common place, are not likely to have the inherent capability to distinguish goods or services from those provided by another person. This is because surnames are generally associated with individuals or families and do not inherently indicate the source or origin of goods or services. Therefore, using a surname as a trademark may not effectively differentiate the goods or services from those provided by another person.Rate this question:
- 25.
- Copyright in a literary work subsists:
- A.
• 70 years after the death of the author
- B.
• 50 years after the death of the author
- C.
• 70 years after the first publication
- D.
• 50 years after the first publication
Correct Answer
C. • 70 years after the first publicationExplanation
The correct answer is 70 years after the first publication. This means that the copyright for a literary work lasts for 70 years after it is first published. After this time period, the work becomes part of the public domain and can be used by anyone without permission. The other options, such as 70 years after the death of the author or 50 years after the first publication, are incorrect because they do not accurately reflect the duration of copyright protection for a literary work.Rate this question:
- 26.
- For the purposes of registering a design, which of the following is considered to be a visual feature?
- A.
• The feel of the product
- B.
• In the case of a product that has one or more indefinite dimensions, the indefinite dimension or pattern that repeats itself
- C.
• The materials used in the product
- D.
• The shape of the product
Correct Answer
D. • The shape of the productExplanation
A visual feature refers to something that can be seen with the eyes. In the context of registering a design, the shape of the product is considered a visual feature because it is a characteristic that can be visually observed and distinguished. The feel of the product, the indefinite dimension or pattern, and the materials used are not visual features as they cannot be directly perceived through sight alone.Rate this question:
- 27.
- A design can be registered in Australia if it:
- A.
• Is not identical to any design previously disclosed anywhere in the world
- B.
• Is not protected by patent law
- C.
• Is not protected by copyright
- D.
• Does not serve a functional purpose
Correct Answer
A. • Is not identical to any design previously disclosed anywhere in the worldExplanation
A design can be registered in Australia if it is not identical to any design previously disclosed anywhere in the world. This means that the design must be unique and not already known or publicly available. This requirement ensures that only original and innovative designs are eligible for registration.Rate this question:
- 28.
- For copyright to subsist in a work it must be original. The court has interpreted this to mean:
- A.
• It must be of high quality and style
- B.
• It cannot be similar to another work that has been independently produced by another author
- C.
• It must be a novel or new idea
- D.
• It must be the result of an author’s skill, labour or judgment, and not copied from another author.
Correct Answer
D. • It must be the result of an author’s skill, labour or judgment, and not copied from another author.Explanation
The correct answer is that for copyright to subsist in a work, it must be the result of an author's skill, labor, or judgment, and not copied from another author. This means that the work must be original and not a direct copy of someone else's work. It emphasizes the importance of the author's creativity and effort in creating the work.Rate this question:
- 29.
- If you buy a book in a bookstore you:
- A.
• Own the physical copy of the book but not the copyright in the book
- B.
• The author owns the physical copy of the book but gives you a licence to read the book
- C.
• Own the physical copy of the book and the copyright of the book
- D.
• Do not own the physical copy of the book but do own the copyright in the book
Correct Answer
A. • Own the physical copy of the book but not the copyright in the bookExplanation
When you buy a book in a bookstore, you own the physical copy of the book, meaning you have possession of it. However, you do not own the copyright in the book. This means that while you can read and enjoy the book, you do not have the legal rights to reproduce, distribute, or profit from the content of the book without permission from the copyright holder, who is usually the author or the publisher.Rate this question:
- 30.
- Alice is setting up a small independent film production studio and she wishes to protect the name of her business ‘aFilms’. She has designed a logo around that business name. What is the best advice you could give Alice?
- A.
• The name aFilms will not be protected under copyright law or trademark law but she could register the logo under trademark law
- B.
• The name Afilms will not be protected under copyright law but she could register the name and logo under trademark law
- C.
• The name afilms will be protected under copyright law and trademark law automatically
- D.
• The name Afilms will not be protected under copyright law or trade mark law but she could register the logo under design law
Correct Answer
B. • The name Afilms will not be protected under copyright law but she could register the name and logo under trademark lawExplanation
Alice should register the name and logo of her business, "aFilms," under trademark law. This is the best advice because copyright law does not protect business names, and registering the name and logo under trademark law will provide legal protection and prevent others from using a similar name or logo in the same industry.Rate this question:
- 31.
- Which of the following areas of law does not have a registration or application process in order to gain the protection of intellectual property protection?
- A.
• Trademark
- B.
• Copyright
- C.
• Design
- D.
• Patent
Correct Answer
B. • CopyrightExplanation
Copyright does not have a registration or application process in order to gain the protection of intellectual property. Unlike trademarks, designs, and patents, which require registration with the appropriate government agency, copyright protection is automatic upon the creation of an original work. This means that as soon as a work is fixed in a tangible medium, such as writing it down or recording it, it is automatically protected by copyright law.Rate this question:
- 32.
- Under section III of the copyright act, it is an infringement of copyright to take a substantial part of the work. A substantial part:
- A.
• Does not require any consideration of the quality of the work
- B.
• Is more than 50% of the work
- C.
• Requires a consideration of the quality of the work taken in relation of the work as a whole
- D.
• Is more than 10% of the work
Correct Answer
C. • Requires a consideration of the quality of the work taken in relation of the work as a wholeExplanation
According to the explanation, a substantial part of a work is determined by considering the quality of the work taken in relation to the work as a whole. This means that even if the quantity of the work taken is less than 50% or 10%, it can still be considered a substantial part if the quality of the portion taken is significant in relation to the entire work.Rate this question:
- 33.
- Copyright in a film is protected
- A.
• Either as a dramatic work under part III or IV of the act
- B.
• Both as a dramatic work under part III and IV of the act
- C.
• Under part IV of the act
- D.
• As a dramatic work under part III of the act
Correct Answer
C. • Under part IV of the actExplanation
The correct answer is "Under part IV of the act". This means that the copyright in a film is protected specifically under part IV of the act. The other options either mention protection under part III or both part III and IV, which are not correct according to the given information.Rate this question:
- 34.
- Which of the following is not an exclusive right for an artistic work under part III of the copyright act?
- A.
• To publish the work
- B.
• To reproduce the work in material form
- C.
• To make an adaption of the work
- D.
• To communicate the work to the public
Correct Answer
C. • To make an adaption of the workExplanation
The correct answer is "To make an adaption of the work." This is not an exclusive right for an artistic work under part III of the copyright act. The other options, such as publishing the work, reproducing the work in material form, and communicating the work to the public, are all exclusive rights granted to the creator of the artistic work.Rate this question:
- 35.
- A colour can be registered:
- A.
• Under the trade mark and deigns act
- B.
• Only under designs act
- C.
• Under neither the trade mark or designs act
- D.
• Only under the trademark act
Correct Answer
D. • Only under the trademark actExplanation
The given options suggest that a color can be registered either under the trademark act, under the designs act, under both acts, or under neither of the acts. The correct answer states that a color can only be registered under the trademark act. This means that the trademark act provides the necessary legal framework for registering a color as a trademark, while the designs act does not have provisions for registering colors.Rate this question:
- 36.
- Copyright is also infringed when a person authorises the doing in Australia of any act comprised of copyright with the licence of the owner. Which if the following statements about authorisation of infringement is false?
- A.
• In determining the issue of authorisation, there does not need to be a connection between the ‘authoriser’ and the infringer
- B.
• In determining the issue of authorisation, it will be relevant whether the person took any reasonable steps to avoid or prevent the doing of the act
- C.
• Authorisation means ‘sanction, approve or countenance’
- D.
• In determining the issue of authorisation, the extent of the persons power to prevent the doing of the act concerned will be relevant
Correct Answer
A. • In determining the issue of authorisation, there does not need to be a connection between the ‘authoriser’ and the infringerExplanation
The statement "In determining the issue of authorisation, there does not need to be a connection between the ‘authoriser’ and the infringer" is false. In order for authorisation to be established, there must be a connection between the person authorising the infringement and the person actually committing the infringement. This connection can be in the form of a relationship, agreement, or any other form of association between the two parties.Rate this question:
- 37.
- An Australian Television network is broadcasting a football game and wants to know whether they own the copyright to both the football game and the television broadcast. Which of the following is correct?
- A.
• The football association own the copyright in the football game but the television station own the broadcast
- B.
• There is no copyright in the football game but television station owns the copyright on the broadcast.
- C.
• As there is no copyright in the game, there is no copyright in the broadcast
- D.
• There is no copyright on the game, but the football association owns the copyright on the broadcast
Correct Answer
B. • There is no copyright in the football game but television station owns the copyright on the broadcast.Explanation
The correct answer is that there is no copyright in the football game but the television station owns the copyright on the broadcast. This means that while the football association may own the rights to the game itself, the television station has the exclusive rights to broadcast the game.Rate this question:
- 38.
- Which of the following statements about fair dealing for research or study is false?
- A.
• Where a literary, dramatic or musical work (other than a computer program) is contained in a published edition of 10 pages or more, a reasonable portion is up to 10% in the aggregate of the number of pages in the edition
- B.
• Where the work is divided into chapters, a reasonable portion is the whole or part of a single chapter even though it may exceed 10% of the number of pages in that edition.
- C.
• Is it fair dealing to reproduce the whole or part of the article in a periodical if another article in the publication , dealing with other subject matter is also produced
- D.
• If the work or adaption is an article in a periodical, it is fair dealing for research or study to copy the whole article
Correct Answer
C. • Is it fair dealing to reproduce the whole or part of the article in a periodical if another article in the publication , dealing with other subject matter is also producedExplanation
The statement that is false is "Is it fair dealing to reproduce the whole or part of the article in a periodical if another article in the publication, dealing with other subject matter is also produced." This is false because fair dealing for research or study typically allows for the reproduction of a reasonable portion of a work, not the entire work.Rate this question:
- 39.
- Which of the following marks were held to be scandalous
- A.
• Look Good + Feel Good = Root Good
- B.
• Nuckin Futs
- C.
• FCUK
- D.
• FUCT
Correct Answer
D. • FUCTExplanation
The mark "FUCT" was held to be scandalous.Rate this question:
- 40.
- The fair dealing exception for parody an satire:
- A.
• Does not define in the act what is meant by parody or satire
- B.
• Is narrower than the fair use defence in the USA
- C.
• Provides greater protection for parody than satire
- D.
• Requires that sufficient acknowledgment of the work is made
Correct Answer
A. • Does not define in the act what is meant by parody or satireExplanation
The correct answer is that the fair dealing exception for parody and satire does not define in the act what is meant by parody or satire. This means that the specific criteria or elements that qualify a work as a parody or satire are not clearly outlined in the act.Rate this question:
- 41.
- Amy wrote a book that was published by eagle publishing. Before Eagle Publishing published the book, Ass had to assign in writing total copyright in the book to them. Several years later decided to post a copy of the book to her blog. Which of the following is correct?
- A.
• As Ann only posted a copy of the book to the internet, she has not infringed copyright.
- B.
• Eagle publishing infringed Anne’s copyright in the book when they published the book
- C.
• As An was the first author of the work, she has not infringed copyright
- D.
• Ann has infringed Eagle Publishing’s copyright in the book
Correct Answer
D. • Ann has infringed Eagle Publishing’s copyright in the bookExplanation
Ann has infringed Eagle Publishing's copyright in the book. This is because before the book was published, Ann had to assign total copyright in the book to Eagle Publishing in writing. By posting a copy of the book to her blog without permission from Eagle Publishing, Ann has violated their copyright.Rate this question:
- 42.
- Which of the following is not a special of intellectual property?
- A.
• Copyright law
- B.
• Competition law
- C.
• Circuit layouts
- D.
• Plant breeders rights
Correct Answer
B. • Competition lawExplanation
Competition law is not a special type of intellectual property. Intellectual property refers to legal rights that protect creations of the mind, such as inventions, artistic works, and symbols. Copyright law, circuit layouts, and plant breeders rights are all examples of intellectual property rights that provide protection for specific types of creations. Competition law, on the other hand, focuses on ensuring fair competition in the market and preventing anti-competitive practices, rather than protecting specific creations or ideas.Rate this question:
- 43.
- The owner of copyright in a cinematographic film is usually:
- A.
• The screenwriter
- B.
• The cinematographer
- C.
• The producer
- D.
• The director
Correct Answer
C. • The producerExplanation
The owner of copyright in a cinematographic film is usually the producer. The producer is responsible for overseeing the entire production process, including securing the necessary rights and financing for the film. They also have the final say in creative decisions and hold the rights to distribute and exploit the film. While the screenwriter, cinematographer, and director play important roles in the creation of the film, it is typically the producer who holds the copyright.Rate this question:
- 44.
- Which of the following is not a different between design and copyright protection?
- A.
• Design registration involves a formal registration process, whereas acquiring and enforcing copyright does not involve a formal registration process
- B.
• Unlike design registration, copyright does not provide protection against someone independently arriving at the same work
- C.
• Design registration is concerned with both two dimensional and three dimensional articles, whereas copyright is only concerned with two dimensional articles
- D.
• Design registration requires a payment of fee, whereas copyright registration is automatic and free.
Correct Answer
C. • Design registration is concerned with both two dimensional and three dimensional articles, whereas copyright is only concerned with two dimensional articlesExplanation
Design registration is concerned with both two dimensional and three dimensional articles, whereas copyright is only concerned with two dimensional articles. This means that design registration offers protection for both the physical appearance and the shape of an object, while copyright protection only covers the expression of ideas in a two-dimensional form, such as artistic works, literature, and music.Rate this question:
- 45.
- If you record a cover version of a song, you will be infringing copyright in
- A.
• The underlying musical work and literary work but not the sound recording
- B.
• The sound recording as well as the musical and literary work
- C.
• The underlying literary work but not the sound recording
- D.
• The sound recording as well as the underlying musical work
Correct Answer
A. • The underlying musical work and literary work but not the sound recordingExplanation
When you record a cover version of a song, you are creating a new recording of the musical and literary work (the composition and lyrics) that make up the song. However, you are not infringing on the copyright of the original sound recording of that song. This means that while you may need permission to use the composition and lyrics, you do not need permission to use the specific recording of the song.Rate this question:
- 46.
- Which of the following are you not able to register as a trademark?
- A.
• Scent
- B.
• Sound
- C.
• Numeral
- D.
• Touch
Correct Answer
D. • TouchExplanation
Trademarks are used to protect distinctive signs that are used to identify and distinguish goods or services. While scents, sounds, and numerals can be registered as trademarks if they meet certain criteria, touch is not typically considered a distinctive sign and therefore cannot be registered as a trademark.Rate this question:
- 47.
- The R symbol resonates the following
- A.
• A common law trade mark
- B.
• A trade mark that is still undergoing the application process
- C.
• A registered trademark
- D.
• A trademark under review
Correct Answer
C. • A registered trademarkExplanation
The R symbol typically represents a registered trademark. This means that the trademark has been officially registered with the appropriate government agency and is protected by law. It indicates that the owner has exclusive rights to use the trademark in connection with their goods or services, and that others are prohibited from using a similar mark that could cause confusion among consumers.Rate this question:
- 48.
- To be successful in an infringement action, it is not necessary to show that.
- A.
• The goods or services (or both) in relation to which the infringing trademark was use are the same or at least similar or closely related to the goods or services for which the trademark is registered
- B.
• The infringing trademark is identical to the registered trademark
- C.
• The infringing mark was used as a trademark
- D.
• The infringing trademark was being used to indicate a connection, in the course of trade, between certain goods or services and the infringing trader or service provider
Correct Answer
B. • The infringing trademark is identical to the registered trademarkExplanation
In an infringement action, it is not necessary to show that the infringing trademark is identical to the registered trademark.Rate this question:
- 49.
- An artistic work does not include:
- A.
• A painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not
- B.
• A work of artistic craftsmanship
- C.
• A circuit layout within the meaning of the Circuit Layouts Act (1989) Cth
- D.
• A building or model of a building , whether the building is a model of artistic quality or not
Correct Answer
C. • A circuit layout within the meaning of the Circuit Layouts Act (1989) CthExplanation
An artistic work does not include a circuit layout within the meaning of the Circuit Layouts Act (1989) Cth. This means that a circuit layout, which refers to the arrangement of electronic components on a printed circuit board, is not considered an artistic work. The other options listed, such as paintings, sculptures, drawings, engravings, photographs, works of artistic craftsmanship, and buildings or models of buildings, are all examples of artistic works.Rate this question:
- 50.
- Literary work does not include
- A.
• A book
- B.
• A computer program
- C.
• A table or compilation
- D.
• A map
Correct Answer
D. • A mapExplanation
A map is not considered a literary work because it is primarily a visual representation of geographic information rather than a written or artistic expression of ideas or emotions. Literary works typically include written works such as books, poems, plays, and essays, as well as artistic works such as paintings and sculptures. While a map may contain some textual information, its primary purpose is to convey spatial relationships and geographical features rather than literary or artistic expression.Rate this question:
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