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Chapter 2 Self-test questions
Return to Intellectual Property Law Concentrate 4e Resources
Chapter 2 Self-test questions
Copyright
Quiz Content
*
not completed
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Which of the following is not a category of copyright work in the CDPA?
Literary works
correct
incorrect
Furniture
correct
incorrect
Sculpture
correct
incorrect
Musical works
correct
incorrect
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What is the most important distinction between literary, dramatic, musical and artistic works ("authorial works") on one hand, and sound recordings, films, broadcasts and published editions on the other?
Authorial works have to be recorded in a material form
correct
incorrect
The non-authorial works reward investment
correct
incorrect
Only authorial works have authors
correct
incorrect
Authorial works must be original to be protected; the other works do not have to be original
correct
incorrect
The non-authorial works necessarily involve the input of a performer or performers
correct
incorrect
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Which of the following is not an example of a literary work?
A character from a novel
correct
incorrect
A shopping list
correct
incorrect
A textbook
correct
incorrect
A computer programme
correct
incorrect
A bus timetable
correct
incorrect
*
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Which of the following statements is correct regarding authorial works?
A work must be recorded in material form
correct
incorrect
Anything can be a work but it must be an expression of intellectual creativity to be protected by copyright
correct
incorrect
Only works falling within the definition of artistic works in s. 4 CDPA are protected
correct
incorrect
Works must be expressed in a manner which makes the protected subject-matter identifiable with sufficient precision and objectivity
correct
incorrect
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Which of the following statements best represents the test for originality?
Originality means that the work must originate from the author
correct
incorrect
Originality requires skill and labour
correct
incorrect
Originality requires the that a work represents the intellectual creativity of the author
correct
incorrect
Originality requires that the work is not copied
correct
incorrect
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Norowzian v Arks
no 1 found as follows:
To be a work of drama, a work must be capable of human performance
correct
incorrect
Copyright in a film can only be infringed by reprographically copying the film, and cannot be infringed by re-creating the content of it
correct
incorrect
A film can also be a dramatic work
correct
incorrect
Arks had not infringed copyright in Mr Norowzian's film as they had not taken a substantial part of it
correct
incorrect
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The mental element in the case of the secondary infringing act of dealing with infringing copies (s. 23) requires:
Knowledge of the existence of copyright and nothing more
correct
incorrect
Knowledge that the copies are infringing copies, or a suspicion that they are
correct
incorrect
Lack of knowledge that the copies were made with the permission of the copyright owner
correct
incorrect
Knowledge or a reason to believe that the copies are infringing copies
correct
incorrect
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The test for whether enough of a work has been taken to amount to infringement of an authorial work, following ECJ case-law and the Court of Appeal's interpretation of it is :
The part taken must represent a substantial part of the original author's skill and labour, as required for originality
correct
incorrect
The part taken must be a substantial proportion of the whole
correct
incorrect
The original author's expression of his ideas must be taken
correct
incorrect
The part taken must represent the original author's intellectual creativity
correct
incorrect
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Which of the following statements about the "fair dealing" defences in the CDPA are true?
Fair dealing with a work is permitted
correct
incorrect
Quoting from a work to criticise or review it is permitted provided the criticism or review is fair
correct
incorrect
Fair dealing with a work for the purposes of criticism or review of that or another work is permitted provided that the work has been published
correct
incorrect
Fair dealing means that only insubstantial parts of a work may be used
correct
incorrect
*
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The "public interest defence":
Was created as a result of the Human Rights Act 1998
correct
incorrect
Is a statutory defence contained in s. 171(3) CDPA
correct
incorrect
Derives from equitable considerations
correct
incorrect
Has been re-considered by the courts in the light of the Human Rights Act so as to include recognition of the right to freedom of expression
correct
incorrect
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