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SOC018 Copyright law -
colloquium
prepared in 2018
Name and Surname:
1. What cannot be protected by Copyright?
a. literary works
b. ideas
c. photographs
2. What has to be proven in court when arguing about
breach of copyright?
a. only the infringement
b. only the existence of copyright and
ownership of the work.
c. both a) and b)
3. What conditions have to be met according to the
three-step test?
a. The reproduction has to apply to special
cases, does not conflict with normal
exploitation of the work, does not
unreasonably prejudice the legitimate
interests of the author.
b. The reproduction doesn't apply to special
cases, does not conflict with normal
exploitation of the work, does not
unreasonably prejudice the legitimate
interests of the author.
c. The reproduction doesn't apply to special
cases, conflicts with normal exploitation of
the work, does unreasonably prejudice the
legitimate interests of the author.
4. How long in the EU does copyright last?
a. 70 years after it is created.
b. A person's life plus 70 years after death.
c. A person's life plus 50 years after death.
5. Which does not fall under the category of fair use?
a. using the work for commercial purposes
b. using the work for educational purpose
c. using the work for news reporting
6. To be accepted, parody must meet 2 conditions.
Which one of these 3 answers is false?
a. Material element: the parody must evoke a
pre-existing work comprising noticeable
differences
b. Moral element: parody can be invoked only
if the humoristic intention is established.
c. The author has to be asked for his consent
prior
7. Which one of these three legal texts ensure
international protection to the author?
a. Berne Convention for the Protection of
Literary and Artistic Works
b. Directive 2001/29/EC on the harmonization
of certain aspects of copyright and related
rights in the information society (INFOSOC)
c. WIPO Copyright Treaty (WCT)
8. The Copyright exceptions and limitations must be
found in
a. Article 5 of the infosoc directive?
b. Article 2 of the infosoc directive?
c. Article 7 of the infosoc directive?
9. What contract gives the employee no protection
over its work?
a. A contract of service (just an employee
contract)
b. A contract of services (freelancer)
c. A work made for hire (WFH)
10. Which of following would not gain copyright
protection?
a. A DVD
b. An unrecorded speech
c. A handmade hat
11. Find an essential characteristic of parody:
a. expression of humour or mockery;
b. harm the personality rights of the creator;
c. mention the source of the parodied work.
12. Choose international convention which introduced
concept of moral rights:
a. Berne Convention for the Protection of
Literary and Artistic Works;
b. International Covenant on Social, Cultural
and Economic rights;
c. Universal Declaration on Human rights.
13. Choose rights of author which can be assigned to
another person:
a. Moral rights of the Author;
b. Economic rights of the Author;
c. Granted rights of the Author.
14. The three-step test belongs to the sphere of:
a. Limitation of Copyright;
b. Economic rights;
c. Licences agreement.
15. Choose correct types of License Agreements:
a. exclusive and non-exclusive licences;
b. full the limited licenses;
c. personal and non-personal licenses.
16. The leading copyright convention is:
a. The Berne Convention
b. The Vienna Convention on the Law of
Treaties
c. The International Covenant on Civil and
Political Rights
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17. What does the «non-exclusive licence» mean?
a. grant the licensee the right to use the result
of an intellectual activity or means of
individualisation, with the licensor not
retaining the right to issue licences to other
persons
b. grant a licensee the right to use the result of
an intellectual activity or means of
individualisation, with the licensor retaining
his right to issue licences to other persons
c. a work made up of a fixed series of
interrelated images (accompanied or not
accompanied by sound) and intended for
visual and audio (if accompanied by sound)
perception using the relevant technical
apparatus
18. A claim for infringement of the copyright in a work
cannot be brought by…
a. the assignee
b. the holder of the exclusive licence
c. non-exclusive licensees
19. What are the main criteria for patentability?
a. novelty and industrial applicability
b. novelty and inventive step
c. novelty, inventive step and industrial
applicability
20. Copyright infringement occurs if...
a. the protected work is used without the
consent of the author or right-holder
b. the exclusive right to the result of an
intellectual activity or means of
individualisation is transferred to the new
right holder
c. the claimant registered the technical
solutions contained in the documentation
as a utility model
21. What is a non-exclusive license?
a. The license is provided with restriction of
everybody including the issuer of the
license.
b. The copyright is capable of continuing to be
used by the copyright owner and is capable
of administering the license to other groups
c. The license is given to the licensee without
any transfer of funds, but must
acknowledge the original owner
22. What is an open access license?
a. Allows any individual person to contact the
original licensee to attain a license free of
charge.
b. Restriction free access to copyrighted
material provided by a subscription
c. database of copyrighted material that can
be accessed for free.
23. What must the defence of parody under copyright
law be ‘clearly relatable’ to?
a. The original material produced by a
separate individual
b. The person who created the parody’s
beliefs
c. To a public interest
24. What are economic rights?
a. Economic rights are those rights which help
the author to commercially exploit his
creation.
b. Economic rights which relate to protection
of personality of the author and integrity of
this work, and similar matters.
c. Economic Rights are those which related to
the rights of the author to enter their works
into the public economy for purchase.
25. What are Moral rights?
a. Moral rights are those rights which help the
author to commercially exploit his creation.
b. Moral rights which relate to protection of
personality of the author and integrity of
this work, and similar matters.
c. Moral Rights are those which related to the
rights of the author to create work that
represents their thoughts
26. According to the Berne Convention, what is
“Compensated Limitation?”
a. Usually mirrors uses or practices that are
not considered part of the legitimate scope
of the authors proprietary grant.
b. Usually suggests that the copyright owner is
not entitled to control whether the work is
used, but is always entitled to
remuneration as part of the copyright
incentive scheme.
c. Works published with the consent of their
authors, whatever may be the means of
manufacture of the copies.
27. Rights of employees’ intellectual rights belong to
who, in common law systems such as the United
Kingdom/United States?
a. The employer benefits from its employees’
intellectual creations – the employer is the
initial owner of the employees intellectual
property rights produced in the course of
the employment.
b. An employer, is generally not deemed the
first holder of the intellectual property
right-those rights are linked to individual
persons. and are assigned by law or
contract.
c. Employees do not have intellectual rights.
28. What treaty did the InfoSoc Directive 2001/29/EC
implement in the harmonisation of copyright?
a. TRIPS Treaty 1995.
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b. Berne Convention 1886.
c. WIPO Treaty 1996.
29. What are “related rights” in copyright?
a. Everyone else who has contributed to the
making of the copyrighted material e.g.
sound recorders, broadcasters etc.
b. Rights to earn money from your creative
work.
c. Include the right to attribution, the right to
have work published anonymously and the
right to the integrity of the work.
30. Which of the following is NOT an Economic Right?
(something you can give or deny people permission
to)
a. Reproduction.
b. Attribution.
c. Distribution.
31. What does the symbol © means?
a. It is a warning from the holder of a right of
exploitation that the use of the work is
subject to exclusive rights.
b. It means that the product was made in the
European Union.
c. It refers to the economic rights of the
author of the work
32. Where does the term copyright come from?
a. Continental Law
b. Anglo-Saxon Law
c. Anglo-American Law
33. The rights of Intellectual Property are by their own
nature:
a. of territorial character
b. of European character
c. of International character
34. The first international treaty on the subject of
Copyright was:
a. The World Intellectual Property
Organization (WIPO)
b. The Spanish Intellectual Property Law of
1996
c. The Bern Convention of 1886
35. What are the works that can be protected by
copyright?
a. The subject-matter of copyright comprises
all original literary, artistic or scientific
works expressed in any mode or form,
whether tangible or intangible, known at
present or that may be invented in the
future.
b. The subject-matter of copyright comprises
all original literary, artistic or scientific
works expressed just in the Spanish
language, just known at present.
c. The subject-matter of copyright comprises
all legal and regulatory provisions,
judgments and orders issued by the courts
and decisions issued by public authorities.
36. What is the object of the Berne convention as
regards to copyright protection?
a. To protect creative ideas of the authors
b. To establish the scope of protection for
literary and artistic works
c. To establish the scope of protection for
industrial property
37. Which of the following statements is false?
a. Berne convention don’t protect artistic and
literary works
b. Photographs are protected under copyright
law
c. Trade secrets considered as one of the
types of intellectual property
38. What is parody?
a. Information arranged in certain manner
(database) and protected under The WIPO
Copyright Treaty
b. An imitation of the style of a particular
writer, artist, or genre with deliberate
exaggeration for comic effect
c. Reproduction of whole authors work
without changing it
39. What is patent?
a. a sign used on products that have a specific
geographical origin and possess qualities or
a reputation that are due to that origin
b. A structured set of data held in a computer,
especially one that is accessible in various
ways
c. An exclusive right granted for an invention,
which is a product or a process that
provides, in general, a new way of doing
something, or offers a new technical
solution to a problem
40. What rights of the authors are not protected in the
US?
a. Economic rights
b. Moral rights
c. Economic and moral rights
41. When The Berne Convention was held?
a. 1996
b. 1896
c. 1886
42. What does Copyright protect?
a. patents for inventions, industrial designs
(aesthetic creations related to the
appearance of industrial products),
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b. trademarks, service marks, layout-designs
of integrated circuits, commercial names
and designations
c. literary, artistic, musical, scientific or
didactic work, whether published or
unpublished
43. How long does the Copyright last in EU?
a. Author’s life + 100 years
b. Author’s life + 70 years
c. 70 years
44. What does fair use apply for?
a. Commercial purposes
b. Uncommercial purposes
c. Commercial purposes with the author’s
license
45. Which conditions does Parody have to fulfil?
a. Differences with the original + humoristic
way
b. Differences with the original + noncommercial
purpose
c. and B) corrects
46. Claims the owner of the copyright can make before
the court:
a. Recognition of the authorship & prohibition
of the use of his copyrighted work;
b. Reward of damages & the seizure of copies
of copyrighted material;
c. All of the abovementioned;
47. The calculation of damages in case of breach of
copyright depends on?
a. the number of copies the infringer already
sold to the public;
b. the licensing fee of the copyrighted material
in the specific area;
c. solely on the decision of the Court;
48. The posting of a hyperlink on a website to works
protected by copyright and published without the
author’s consent on another website does not
constitute a “communication to the public” if:
a. the person does not seek financial gain and
has no knowledge of the illegality of those
works;
b. the person has no knowledge of illegality
and after being warned, deletes the
hyperlink not more than in 15 day time;
c. the person has no knowledge of the
illegality, provides a list of all the web users
who clicked on the hyperlink to the owner
of copyright and deletes the hyperlink
straight afterwards;
49. The beginning of copyright protection is:
a. from the registration of copyright in the
National Registry;
b. from the first official publication of the work
to the public;
c. from the moment copyrighted work can be
materialized;
50. Copyright in the EU lasts:
a. 70 years;
b. author’s lifetime + 70 years;
c. author’s lifetime;
51. Which of these moral rights of the author is NOT
part of the right of paternity?
a. the right to publish the work
b. the integrity of the work
c. the right to indicate the author’s name on
the work
52. What is the legal definition of the infringement of
the right to indicate the author’s name on the
work?
a. identity theft
b. plagiarism
c. piracy
53. When it is available to put someone’s work in the
public domain?
a. when you got permission from the
author/owner of the copyright
b. right after the decease of the author
c. when the work does not have the copyright
mark (©) on it
54. Which of the following can NOT be protected by
copyright?
a. child art such as drawings
b. a collection of newspapers
c. an original idea
55. Which of the following is not considered a
copyright infringement?
a. education purpose in class by the teacher
b. using only one sentence of an essay written
by a student
c. uploading a copyrighted work to social
media