MCQ Entertainment Law Lws008

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  • 1/85 Questions

    1. 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?

    • • Trademark
    • • Copyright
    • • Design
    • • Patent
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About This Quiz

The MCQ Entertainment Law LWS008 quiz assesses knowledge on licensing, contract interpretation, and commercialization of artistic works. It focuses on legal frameworks and rights management in the entertainment industry, crucial for professionals in this field.

MCQ Entertainment Law Lws008 - Quiz

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  • 2. 

    1. 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?

    • • As Ann only posted a copy of the book to the internet, she has not infringed copyright.

    • • Eagle publishing infringed Anne’s copyright in the book when they published the book

    • • As An was the first author of the work, she has not infringed copyright

    • • Ann has infringed Eagle Publishing’s copyright in the book

    Correct Answer
    A. • Ann has infringed Eagle Publishing’s copyright in the book
    Explanation
    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.

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  • 3. 

    1. Anti-vilification laws in Queensland apply to vilification on the grounds of:

    • • Race, religion or gender

    • • Race, gender and sexual identity

    • • Race, religion, gender and sexual identity

    • • Race, religion and sexual identity

    Correct Answer
    A. • Race, religion, gender and sexual identity
    Explanation
    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.

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  • 4. 

    1. 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:

    • • An oral agreement can never be legally binding and the parties will only be bound if a written agreement is later signed

    • • 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

    • • The oral agreement will only be binding if a written agreement is later signed

    • • The oral agreement may be binding even if the parties intend that will be later superseded by a signed written agreement.

    Correct Answer
    A. • 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.

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  • 5. 

    1.  For copyright to subsist in a work it must be original. The court has interpreted this to mean:

    • • It must be of high quality and style

    • • It cannot be similar to another work that has been independently produced by another author

    • • It must be a novel or new idea

    • • It must be the result of an author’s skill, labour or judgment, and not copied from another author.

    Correct Answer
    A. • 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.

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  • 6. 

    1. If you buy a book in a bookstore you:

    • • Own the physical copy of the book but not the copyright in the book

    • • The author owns the physical copy of the book but gives you a licence to read the book

    • • Own the physical copy of the book and the copyright of the book

    • • 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 book
    Explanation
    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.

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  • 7. 

    1. Under section III of the copyright act, it is an infringement of copyright to take a substantial part of the work. A substantial part:

    • • Does not require any consideration of the quality of the work

    • • Is more than 50% of the work

    • • Requires a consideration of the quality of the work taken in relation of the work as a whole

    • • Is more than 10% of the work

    Correct Answer
    A. • Requires a consideration of the quality of the work taken in relation of the work as a whole
    Explanation
    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.

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  • 8. 

    1. The owner of copyright in a cinematographic film is usually:

    • • The screenwriter

    • • The cinematographer

    • • The producer

    • • The director

    Correct Answer
    A. • The producer
    Explanation
    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.

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  • 9. 

    1. The R symbol resonates the following

    • • A common law trade mark

    • • A trade mark that is still undergoing the application process

    • • A registered trademark

    • • A trademark under review

    Correct Answer
    A. • A registered trademark
    Explanation
    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.

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  • 10. 

    1. Aaron takes a photograph of his friend Jarred. Who owns the copyright in the photograph?

    • • Aaron and Jarred

    • • Aaron

    • • Jarred

    • • Neither as there is no copyright in photographs

    Correct Answer
    A. • Aaron
    Explanation
    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.

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  • 11. 

    1. In Queensland law vilification means:

    • • To incite hatred or contempt against someone or severely insult them

    • • To incite hatred or contempt against or severely ridicule them

    • • To incite hatred or contempt against or severely humiliate them

    • • To incite hatred or contempt against or severely offend them

    Correct Answer
    A. • To incite hatred or contempt against or severely ridicule them
    Explanation
    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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  • 12. 

    1. In Queensland law vilification means

    • • To incite hatred or contempt against someone or severely insult them

    • • To incite hatred or contempt against or severely humiliate them

    • • To incite hatred or contempt against or severely ridicule them

    • • To incite hatred or contempt against or severely offend them

    Correct Answer
    A. • To incite hatred or contempt against or severely ridicule them
  • 13. 

    Compulsory superannuation was introduced in Australia in 1992. The purpose of superannuation is:

    • • To reduce the wealth of businesses by making them spend more on their employees by paying a compulsory amount into the employees superannuation

    • • To have a fund of money that most people are restricted from using so that if the government runs out of money it can impose high levels of taxes on superannuation to get itself out of debt

    • • To make the law more complex so that more people need to pay professional advisers to assist them in managing their financial affairs

    • • To force Australians to save funds for their retirement

    Correct Answer
    A. • To force Australians to save funds for their retirement
    Explanation
    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.

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  • 14. 

    1. Rebecca is an expert photographer and commenced a business offering photography lessons to QUT entertainment law students. She expects it to be a thriving business and registers the business for GST. Rebecca wants the business to receive $50 per student for a lesson.  She was told she will have to charge GST on top of this.  How much must she charge for a lesson in order for the business to receive $50?

    • • $60

    • • $65.50

    • • $55.50

    • • $55.00

    Correct Answer
    A. • $55.00
    Explanation
    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.

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  • 15. 

    1. A design can be registered in Australia if it:

    • • Is not identical to any design previously disclosed anywhere in the world

    • • Is not protected by patent law

    • • Is not protected by copyright

    • • Does not serve a functional purpose

    Correct Answer
    A. • Is not identical to any design previously disclosed anywhere in the world
    Explanation
    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.

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  • 16. 

    1. Which of the following are you not able to register as a trademark?

    • • Scent

    • • Sound

    • • Numeral

    • • Touch

    Correct Answer
    A. • Touch
    Explanation
    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.

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  • 17. 

    1. An artistic work does not include:

    • • A painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not

    • • A work of artistic craftsmanship

    • • A circuit layout within the meaning of the Circuit Layouts Act (1989) Cth

    • • A building or model of a building , whether the building is a model of artistic quality or not

    Correct Answer
    A. • A circuit layout within the meaning of the Circuit Layouts Act (1989) Cth
    Explanation
    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.

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  • 18. 

    1. Pay As You Go (PAYG)withholding refers to:

    • • A form of tax paid only by employee artists

    • • An additional tax on top of income tax that is paid by individuals with a bad compliance record

    • • 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 employees wage)

    • • The need for employers to pay employees their salary or wages in regular intervals (eg monthly) rather than at the end of the year

    Correct Answer
    A. • 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 employees wage)
    Explanation
    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.

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  • 19. 

    1. Copyright in a film is protected

    • • Either as a dramatic work under part III or IV of the act

    • • Both as a dramatic work under part III and IV of the act

    • • Under part IV of the act

    • • As a dramatic work under part III of the act

    Correct Answer
    A. • Under part IV of the act
    Explanation
    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.

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  • 20. 

    1. Which of the following is not an exclusive right for an artistic work under part III of the copyright act?

    • • To publish the work

    • • To reproduce the work in material form

    • • To make an adaption of the work

    • • To communicate the work to the public

    Correct Answer
    A. • To make an adaption of the work
    Explanation
    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.

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  • 21. 

    1. Which of the following is true when an artistic work is commercialised by a distributer agreement?

    • • The creator grants the distributer a share of the ownership of the work and the right to sell it on behalf of the creator.

    • • The creator grants the distributor the right to use the work

    • • The creator grants the distributer the right to sell on behalf of the creator but no other rights

    • • The creator grants the distributer full ownership of the work including the right to sell it

    Correct Answer
    A. • The creator grants the distributer the right to sell on behalf of the creator but no other rights
    Explanation
    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.

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  • 22. 

    1. Which of the following is not relevant to determining a person’s ethnic group for the purposes of vilification laws?

    • • A long shared history

    • • Common traditions

    • • Common religious observance

    • • The group with which the person identifies

    Correct Answer
    A. • The group with which the person identifies
    Explanation
    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.

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  • 23. 

    1. What is the relevant standard in defamation?

    • • Normal, right thinking members of the community

    • • Ordinary, right thinking members of the community

    • • Ordinary, reasonable members of the community

    • • Reasonable, right thinking members of the community

    Correct Answer
    A. • Ordinary, reasonable members of the community
    Explanation
    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.

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  • 24. 

    1. In Australia which of the following is a defence to a breach to confidentiality?

    • • Where it is reasonable to do so

    • • Where there is a breach of privacy

    • • Where there is a crime or other wrongdoing

    • • Where there is an important public interest

    Correct Answer
    A. • Where there is a crime or other wrongdoing
    Explanation
    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.

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  • 25. 

    1. Which of the following is true:

    • • Every dollar spent on medical expenses by an Australian Resident taxpayer reduces that individuals income tax liability

    • • All Australian resident taxpayers can claim the education tax offset if they have incurred education expenses

    • • Taxpayers will always try to avoid being able to claim an offset

    • • An offset has the ability to directly reduce a person’s tax liability

    Correct Answer
    A. • An offset has the ability to directly reduce a person’s tax liability
    Explanation
    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.

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  • 26. 

    1. What is the source of taxation law in Australia?

    • • Both acts of parliament and the Australian taxation office

    • • The Australian taxation office

    • • The treasury department

    • • Acts of parliament (legislation)

    Correct Answer
    A. • Acts of parliament (legislation)
    Explanation
    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.

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  • 27. 

    1. If a company plays recorded music on call waiting, whom must it obtain licences?

    • • PPCA and viscopy

    • • APRA and AMCOS

    • • APRA and viscopy

    • • APRA and PPCA

    Correct Answer
    A. • APRA and PPCA
    Explanation
    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.

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  • 28. 

    1. Which of the following is not prohibited in QLD?

    • • Recoding a conversation to which you are not a party

    • • Communicating or publishing a conversation to which you are a party

    • • Communicating or publishing a conversation to which you are not a party

    • • Recording conversation to which you are a party

    Correct Answer
    A. • Recording conversation to which you are a party
    Explanation
    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.

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  • 29. 

    1. Publication in defamation means:

    • • To communicate matter to members of the community

    • • To communicate matter to at least one person who knows the plaintiff

    • • To communicate matter to at least one person

    • • To communicate the matter in writing

    Correct Answer
    A. • To communicate matter to at least one person
    Explanation
    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.

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  • 30. 

    1. Which of the following is normally true  when an artistic work is commercialised by partnership?

    • • The creator and partner make different contributions to , and take different shares of profits from, the work but neither can pledge each others credit

    • • The creator and partner jointly own, but the partner has the sole right to use the work, and each can pledge each others credit

    • • 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

    • • 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
    A. • The creator and partner make equal contributions to, and jointly share any profits made from, the work and can pledge each others credit
    Explanation
    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.

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  • 31. 

    1. 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?

    • • The name aFilms will not be protected under copyright law or trademark law but she could register the logo under trademark law

    • • The name Afilms will not be protected under copyright law but she could register the name and logo under trademark law

    • • The name afilms will be protected under copyright law and trademark law automatically

    • • 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
    A. • The name Afilms will not be protected under copyright law but she could register the name and logo under trademark law
    Explanation
    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.

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  • 32. 

    1.  Which agency issues licences for musical compositions and lyrics?

    • • APRA

    • • PPCA

    • • CAL

    • • AMCOS

    Correct Answer
    A. • APRA
    Explanation
    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.

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  • 33. 

    1. 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?

    • • Most ‘coined’ words

    • • Geographical names unlikely to have a connection with the goods or services claimed

    • • Surnames (even if common place)

    • • Personal and company names that are not common place

    Correct Answer
    A. • 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.

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  • 34. 

    1. Which of the following best described freedom of speech in Australia?

    • • The freedom is a natural right because all people are created equal

    • • It is guaranteed under the Australian constitution

    • • The freedom exists where there are no laws limiting it

    • • The freedom exists in those laws that enact it

    Correct Answer
    A. • The freedom exists where there are no laws limiting it
    Explanation
    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.

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  • 35. 

    1. Which of the following is not a special of intellectual property?

    • • Copyright law

    • • Competition law

    • • Circuit layouts

    • • Plant breeders rights

    Correct Answer
    A. • Competition law
    Explanation
    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.

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  • 36. 

    1. If you record a cover version of a song, you will be infringing copyright in 

    • • The underlying musical work and literary work but not the sound recording

    • • The sound recording as well as the musical and literary work

    • • The underlying literary work but not the sound recording

    • • The sound recording as well as the underlying musical work

    Correct Answer
    A. • The underlying musical work and literary work but not the sound recording
    Explanation
    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.

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  • 37. 

    1. Literary work does not include

    • • A book

    • • A computer program

    • • A table or compilation

    • • A map

    Correct Answer
    A. • A map
    Explanation
    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.

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  • 38. 

    1. What is republication? 

    • • Repeating a message from someone else

    • • Repeating a message you made yourself

    • • Publishing a book in new edition

    • • Publishing a message in one format (eg. A book) in a different format (eg a film)

    Correct Answer
    A. • Repeating a message from someone else
    Explanation
    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.

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  • 39. 

    1. For the purposes of registering a design, which of the following is considered to be a visual feature?

    • • The feel of the product

    • • In the case of a product that has one or more indefinite dimensions, the indefinite dimension or pattern that repeats itself

    • • The materials used in the product

    • • The shape of the product

    Correct Answer
    A. • The shape of the product
    Explanation
    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.

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  • 40. 

    1. 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?

    • • The football association own the copyright in the football game but the television station own the broadcast

    • • There is no copyright in the football game but television station owns the copyright on the broadcast.

    • • As there is no copyright in the game, there is no copyright in the broadcast

    • • There is no copyright on the game, but the football association owns the copyright on the broadcast

    Correct Answer
    A. • 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.

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  • 41. 

    1. Which of the following marks were held to be scandalous

    • • Look Good + Feel Good = Root Good

    • • Nuckin Futs

    • • FCUK

    • • FUCT

    Correct Answer
    A. • FUCT
    Explanation
    The mark "FUCT" was held to be scandalous.

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  • 42. 

    1. The fair dealing exception for parody an satire:

    • • Does not define in the act what is meant by parody or satire

    • • Is narrower than the fair use defence in the USA

    • • Provides greater protection for parody than satire

    • • Requires that sufficient acknowledgment of the work is made

    Correct Answer
    A. • Does not define in the act what is meant by parody or satire
    Explanation
    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.

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  • 43. 

    1. Which of the following is not a different between design and copyright protection?

    • • Design registration involves a formal registration process, whereas acquiring and enforcing copyright does not involve a formal registration process

    • • Unlike design registration, copyright does not provide protection against someone independently arriving at the same work

    • • Design registration is concerned with both two dimensional and three dimensional articles, whereas copyright is only concerned with two dimensional articles

    • • Design registration requires a payment of fee, whereas copyright registration is automatic and free.

    Correct Answer
    A. • Design registration is concerned with both two dimensional and three dimensional articles, whereas copyright is only concerned with two dimensional articles
    Explanation
    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.

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  • 44. 

    1. Which of the following defences to defamation will not be defeated by malice

    • • Common law qualified privilege

    • • Statutory qualified privilege

    • • Statutory honest opinion

    • • Common law fair comment

    Correct Answer
    A. • Statutory honest opinion
    Explanation
    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.

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  • 45. 

    1. What agency issues licences for sound recordings of music?

    • • CAL

    • • AMCOS

    • • Viscopy

    • • PPCA

    Correct Answer
    A. • PPCA
    Explanation
    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.

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  • 46. 

    1. Choose the correct statement:

    • • Public rulings generally apply to a class of taxpayers (eg teachers) and private rulings generally apply to individual taxpayers (eg. Joe the dance instructor)

    • • Both public and private rulings only apply to the individual taxpayer who requeste the ruling

    • • Both public and private rulings issues by the Australian Taxation office (ATO) are law.

    • • The ATO does not have the power to issue any form of public or private ruling

    Correct Answer
    A. • Public rulings generally apply to a class of taxpayers (eg teachers) and private rulings generally apply to individual taxpayers (eg. Joe the dance instructor)
    Explanation
    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.

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  • 47. 

    1. Which of the following is true when an artistic work is commercialised by assignment?

    • • The creator assigns the right to use the work but not ownership of the work

    • • The creator assigns the right to distribute the work on behalf of the creator

    • • The creator absolutely assigns ownership of the work

    • • The creator assigns the right to jointly share any profits from the work

    Correct Answer
    A. • The creator absolutely assigns ownership of the work
    Explanation
    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.

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  • 48. 

    1. What is the test for whether a publication contains defamatory matter?

    • • Whether it lowers the plaintiff in the eyes of others and is disparaging of the defendant

    • • Whether it make others think less of the plaintiff and is disparaging of the plaintiff

    • • Whether it makes others think less of the defendant and is disparaging of the plaintiff

    • • Whether it lowers the defendant in the eyes of other and is disparaging of the defendant

    Correct Answer
    A. • Whether it make others think less of the plaintiff and is disparaging of the plaintiff
    Explanation
    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.

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  • 49. 

    1.     What agency issues licences for making covers of musical works?

    • • PPCA

    • • Viscopy

    • • CAL

    • • AMCOS

    Correct Answer
    A. • AMCOS
    Explanation
    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.

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Quiz Review Timeline (Updated): Feb 28, 2024 +

Our quizzes are rigorously reviewed, monitored and continuously updated by our expert board to maintain accuracy, relevance, and timeliness.

  • Current Version
  • Feb 28, 2024
    Quiz Edited by
    ProProfs Editorial Team
  • Jun 17, 2012
    Quiz Created by
    Lukedrichardson4
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