Тест: Fundamentals of Copyright Law — 12 въпроса

1. What was the main economic driver behind the historical emergence of copyright?

A. The need to protect creators’ income as patronage declined and copying became mass-scale

B. The attempt to eliminate all private copying of books and music

C. The need to replace patent law for industrial inventions

D. The desire to regulate all forms of artistic style as national symbols

Answer: (A)

Обяснение

Copyright emerged mainly when artists and authors increasingly needed income from selling copies instead of relying on patrons. Printing and later recording made copying widespread and economically significant.

2. What kinds of creations fall within the Berne Convention’s literary and artistic domain?

A. Only works registered with a national copyright office

B. Only written books and musical scores in printed form

C. Only works with obvious aesthetic value and no practical use

D. Creatations of the mind that can receive copyright protection, regardless of the mode or form of expression

Answer: (D)

Обяснение

Berne protects creations of the mind in a flexible literary and artistic domain, regardless of the mode or form of expression. It is not limited to printed or registered works.

3. What does the originality requirement for copyright protection demand?

A. That the work be formally registered before any rights exist

B. That the work be entirely unique in subject matter

C. That the work reflects the author’s own creative choices rather than mere copying or mechanical reproduction

D. That the work be commercially successful before protection arises

Answer: (C)

Обяснение

Originality means the work must result from the author’s own creative choices, not from copying or mere mechanical reproduction. Copyright does not require novelty of subject matter or prior registration.

4. What is the core idea of the idea–expression distinction in copyright law?

A. Copyright protects ideas only when they are highly original

B. Copyright protects ideas as long as they are presented in a creative work

C. Copyright protects the specific expression of an idea, not the underlying idea, facts, or concepts

D. Copyright protects only the physical copy of a work, not its content

Answer: (C)

Обяснение

The distinction separates protected expression from unprotected ideas, facts, and concepts. A person may reuse the same theme or subject matter without copying the protected expression.

5. How are official texts and legal exemptions generally treated across countries under copyright rules?

A. Official texts are protected only if they are published in book form

B. Many systems exempt official texts or administrative acts, though modified versions may become protected

C. All official texts are automatically protected in every country without exception

D. Legal exemptions apply only to private contracts and never to public acts

Answer: (B)

Обяснение

Across countries, official texts and administrative acts are often treated as exempt or specially limited, though adapted or modified versions can become protected. The rule is not that all official texts are automatically protected everywhere.

6. When does Berne protection arise for a qualifying work?

A. Automatically upon creation in an identifiable form, without formal registration or a fee

B. Only after a court confirms that the work is original

C. Only after the work is commercially exploited

D. Only after the author files a deposit copy with a public authority

Answer: (A)

Обяснение

Berne follows a no-formalities approach: protection arises automatically once the work exists in an identifiable form. Optional deposits may help as evidence, but they do not create copyright.

7. What does the principle of national treatment require in copyright law?

A. Each country may refuse protection to foreign authors unless a treaty says otherwise

B. Foreign right holders must always receive stronger protection than domestic right holders

C. Foreign right holders must receive the same treatment as domestic right holders in the host state

D. Domestic and foreign works must be treated differently to reflect local policy

Answer: (C)

Обяснение

National treatment means a country must treat foreign right holders like its own nationals. It is paired with minimum standards that set the floor for protection.

8. What two elements are needed for communication to the public?

A. A communication and a public distinct from the original audience

B. A reproduction and a commercial sale

C. A public performance and a paid ticket

D. A communication and a formal registration by the author

Answer: (A)

Обяснение

Communication to the public requires both an act of communication and a public that is distinct from the original audience. The concept often turns on whether a “new public” is reached.

9. What does the making available right cover in online contexts?

A. Placing a work online so users can access it at a time and place of their choosing

B. Sending a physical copy of the work to a library

C. Allowing access only after the user downloads a licensed app

D. Broadcasting a work only at a fixed scheduled time

Answer: (A)

Обяснение

The making available right covers online access on demand, where users can reach the work at the time and place they choose. It does not require a large audience or simultaneous access.

10. How did the CJEU treat hotel-room television in the Rafael Hoteles case?

A. As a reproduction right issue rather than a communication issue

B. As lawful use because the broadcaster had already authorized home viewing

C. As communication to the public because hotel guests were treated as a new public

D. As private viewing because each guest watched alone in a room

Answer: (C)

Обяснение

The Court treated hotel guests as a new public, so the hotel’s provision of TV in rooms counted as communication to the public. The fact that broadcasts were authorized for home viewing did not eliminate the need for separate authorization in that setting.

11. When can framing or embedding become legally sensitive despite consent-based use elsewhere?

A. Only when the framed content is in the public domain

B. When effective technological measures that restrict framing or access are bypassed

C. Only when the embedded content is stored on the framing site’s server

D. Only when the user manually downloads the content first

Answer: (B)

Обяснение

Embedding is generally less problematic when the content is freely available, but bypassing effective technological measures can turn it into a communication to the public. Consent and technical restrictions matter together in the analysis.

12. What is the key legal difference between a hyperlink and embedding?

A. A hyperlink always creates a new public, while embedding never can

B. A hyperlink copies the work onto a new server, while embedding only transmits a pointer

C. A hyperlink and embedding are legally identical in all circumstances

D. A hyperlink redirects users to content hosted elsewhere, while embedding displays that content inside the webpage

Answer: (D)

Обяснение

Hyperlinking sends users to another site where the content is hosted, whereas embedding shows externally hosted content inside the page. That difference matters because embedding can raise more sensitive communication-to-the-public issues than a simple link.