MCQ Entertainment Law Lws008

Anti-vilification laws in Queensland apply to vilification on the grounds of race, religion, gender, and sexual identity. This means that it is illegal to incite hatred, violence, or discrimination against individuals or groups based on these characteristics. These laws aim to protect individuals from harm and promote equality and respect for all members of society.

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.

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.

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.

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Line Pictures v Basinger that an oral agreement may still be legally binding even if the parties intend for it to be superseded by a later signed written agreement.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.

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.

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.

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.

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.

Aaron owns the copyright in the photograph because he is the one who took the photograph. In general, the person who takes a photograph is considered the creator and therefore the owner of the copyright, unless there is a specific agreement stating otherwise.

The correct answer is "To incite hatred or contempt against or severely ridicule them." This means that vilification in Queensland law involves intentionally stirring up strong negative emotions or disrespect towards someone and mocking or making fun of them in a severe manner.

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The purpose of superannuation in Australia is to force Australians to save funds for their retirement. This is achieved by making it compulsory for employers to contribute a certain amount of money into their employees' superannuation accounts. By doing so, the government aims to ensure that individuals have enough savings to support themselves financially during their retirement years.

Rebecca wants the business to receive $50 per student for a lesson. Since she needs to charge GST on top of this amount, she must calculate the amount that includes the GST. The GST rate is usually 10%, so she needs to add 10% of $50 to $50. This can be calculated as $50 + ($50 * 10%) = $55. The correct answer is $55.00.

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.

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.

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.

The correct answer is a system that requires employers to withhold amounts from an employee's wages and remit those funds to the ATO (representing income tax withheld from the employee's wage). This explanation accurately describes the concept of Pay As You Go (PAYG) withholding, which is a tax system in which employers deduct a certain amount of tax from their employees' wages and send it to the tax office on their behalf. This ensures that individuals pay their income tax throughout the year rather than in a lump sum at the end.

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.

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.

The group with which the person identifies is not relevant to determining a person's ethnic group for the purposes of vilification laws because ethnic group is typically determined by factors such as shared history, common traditions, and common religious observance, rather than an individual's personal identification or self-identification with a particular group.

The relevant standard in defamation is determined by the perspective of ordinary, reasonable members of the community. This means that the standard for determining whether a statement is defamatory or not is based on how an average person, who is both ordinary and reasonable, would interpret the statement. It is not based on the perspective of an extreme or unusual person, but rather on what a reasonable person in the community would understand.

In Australia, a defense to a breach of confidentiality is when there is a crime or other wrongdoing involved. This means that if the breach of confidentiality is necessary to prevent or expose a crime or wrongdoing, it may be considered justified. This defense recognizes the importance of balancing the protection of confidentiality with the need to uphold the law and public interest.

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.

An offset has the ability to directly reduce a person's tax liability. This means that if a taxpayer is eligible for an offset, they can deduct a certain amount from their total tax liability, resulting in a lower tax bill. Unlike deductions, which reduce taxable income, offsets directly reduce the amount of tax owed. Therefore, it is advantageous for taxpayers to claim offsets as they can directly reduce their tax liability.

The source of taxation law in Australia is acts of parliament (legislation). This means that the laws regarding taxation are created and passed by the Australian parliament. The Australian taxation office and the treasury department may play a role in implementing and enforcing these laws, but they are not the source of the laws themselves.

Recording a conversation to which you are a party is not prohibited in QLD. This means that it is allowed to record a conversation if you are one of the participants in the conversation.

Publication in defamation refers to the act of communicating defamatory matter to at least one person. This means that the defamatory statement or information must be conveyed to another individual, whether it is spoken or written. It is not necessary for the entire community to be aware of the matter, but it is essential that at least one person other than the plaintiff receives the communication.

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.

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.

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.

The correct answer is that freedom of speech in Australia exists where there are no laws limiting it. This means that individuals have the right to express their opinions and ideas without interference or censorship from the government or other authorities. However, it is important to note that there are some limitations to this freedom, such as laws against hate speech or defamation, which are in place to protect the rights and well-being of individuals in society.

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.

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.

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.

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.

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.

Republication refers to the act of repeating a message that was originally made by someone else. It involves sharing or disseminating the same information or content that was previously created by another person. This can be done through various means such as reposting, retweeting, or sharing someone else's social media post, article, or any other form of communication. The key aspect of republication is that the message is being repeated or reproduced from its original source.

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.

Statutory honest opinion is a defense to defamation that will not be defeated by malice. This defense allows individuals to express their honest opinions on matters of public interest without being held liable for defamation. Malice, which refers to a deliberate intent to harm someone's reputation, is not a factor in determining the validity of this defense. Therefore, even if malice is present, it will not defeat the defense of statutory honest opinion.

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.

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.

The mark "FUCT" was held to be scandalous.

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.

Public rulings are issued by the Australian Taxation Office (ATO) and they provide guidance on the interpretation of tax laws to a class of taxpayers, such as teachers. On the other hand, private rulings also issued by the ATO, but they provide guidance to individual taxpayers, like Joe the dance instructor. Therefore, the correct statement is that public rulings generally apply to a class of taxpayers and private rulings generally apply to individual taxpayers.

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.

The test for whether a publication contains defamatory matter is whether it makes others think less of the plaintiff and is disparaging of the plaintiff. This means that the publication must have a negative impact on the plaintiff's reputation and must contain statements that are disrespectful or critical of the plaintiff.

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.

The meaning of 'public interest' in relation to the defence of honest opinion is that the opinion expressed must pertain to matters that are in the public domain. This means that the opinion should be related to topics or issues that are widely known or accessible to the general public. It is not enough for the opinion to simply be interesting to the general public or pertain to public affairs, it must specifically be about matters that are in the public domain. The defense of honest opinion allows individuals to express their subjective views on such matters without being held liable for defamation.

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.