Copyright Ownership and Authorship: Master Intellectual Property Law

Question 1

Which of the following is NOT a moral right granted to authors under copyright law?

Accepted Answer

The right to sell the work for profit

Answer

The right to be identified as the author

Answer

The right to object to derogatory treatment of the work

Question 2

Distinguish between the roles of an author and an owner of a copyrighted work. Explain how these roles can be separate and discuss the implications of such a separation.

Accepted Answer

An author creates the work, while an owner has exclusive rights to use and exploit it.

Answer

An owner is always the author, and the author is responsible for managing the copyright.

Answer

Authors lose all rights to a work when it is transferred to an owner.

Answer

Separating author and owner roles does not affect copyright protection.

Question 3

Who initially holds the copyright ownership of a work created by an employee during the course of their employment?

Accepted Answer

The employer

Answer

The employee

Answer

The individual who commissioned the work

Answer

None of the aforementioned parties

Question 4

What is the duration of copyright protection for literary, dramatic, musical, and artistic works in the United Kingdom?

Accepted Answer

70 years from the author's death

Answer

50 years from the author's death

Answer

100 years from the author's death

Answer

Indefinite

Question 5

Which of the following is not a criterion for establishing joint authorship?

Accepted Answer

Absence of a formal agreement

Answer

Joint development of the work

Answer

Shared intention to create a joint work

Answer

Equal contributions to the work

Question 6

What is the significance of fixation in copyright law?

Accepted Answer

It marks the commencement of copyright protection

Answer

It determines the length of copyright protection

Answer

It identifies the copyright owner

Answer

It is not a necessary requirement for copyright protection

Question 7

What is the legal effect of assigning a copyright?

Accepted Answer

It transfers ownership of the copyright

Answer

It grants a license to use the copyright

Answer

It creates a shared ownership of the copyright

Answer

It has no impact on copyright ownership

Question 8

In the context of joint authorship, how is copyright ownership typically determined?

Accepted Answer

Copyright ownership is determined based on a contractual agreement or implied understanding between the joint authors.

Answer

Copyright ownership is automatically divided equally among all joint authors.

Answer

The individual who makes the most significant creative contribution is deemed the sole copyright owner.

Answer

Copyright ownership is always attributed to the person who first conceived the idea for the work.

Question 9

When determining if a work is original enough for copyright protection, which factor is **NOT** considered?

Accepted Answer

The author's inspiration

Answer

The author's skill and experience

Answer

The work's distinctiveness from existing works

Answer

The nature and form of the work

Question 10

Which of the following is **not** a legal remedy available to copyright owners whose works have been infringed upon?

Accepted Answer

Assignment

Answer

Injunction

Answer

Damages

Answer

Criminal prosecution

Question 11

Who is considered the author of a copyrighted work created by multiple individuals?

Accepted Answer

All individuals who contributed original material

Answer

The person who coordinated the project

Answer

The individual who owns the copyright

Question 12

Which of the following scenarios would result in employee-created works?

Accepted Answer

An employee developing software for their employer

Answer

An artist hired by a company to create a sculpture for its lobby

Answer

A freelance writer commissioned to write a report for a company

Question 13

What is the legal consequence of "fixation" in copyright law?

Accepted Answer

It establishes a tangible record of the work.

Answer

It determines the duration of copyright protection.

Answer

It protects the work from unauthorized use.

Answer

It grants exclusive rights to the copyright holder.

Question 14

What is the primary purpose of the "fair use" doctrine?

Accepted Answer

To allow limited use of copyrighted material without permission for specific purposes.

Answer

To provide a legal basis for parody and satire.

Answer

To protect authors from unauthorized copying of their works.

Question 15

What is the duration of copyright protection in the UK for literary, dramatic, musical and artistic works?

Accepted Answer

70 years after the death of the author.

Answer

50 years after the work is published

Answer

Life of the author plus 30 years

Question 16

What is the legal significance of registering a copyright with the UK Copyright Office?

Accepted Answer

It provides prima facie evidence of copyright ownership.

Answer

It extends the duration of copyright protection.

Answer

It grants exclusive rights to the author.

Question 17

A software developer creates an innovative image compression algorithm and codes it, but does not formally register the software for copyright protection. What is the status of copyright protection in this scenario?

Accepted Answer

Copyright protection arises automatically upon creation of the original code, regardless of registration.

Answer

The software is not protected by copyright until it is registered with the copyright office.

Question 18

Two artists collaborate closely on a painting, both making substantial contributions to its final form and not having a formal agreement on ownership. Who is likely to be considered the copyright owner?

Accepted Answer

They will be considered joint authors, each holding equal rights in the copyright of the painting.

Answer

The artist who contributed the most to the painting will be considered the sole author.

Answer

The first artist to sign the painting will be deemed the sole author.

Question 19

A company hires a freelance writer to produce a series of blog articles, but the contract is silent on copyright ownership. In this scenario, who typically holds the copyright?

Accepted Answer

The freelance writer retains copyright unless the contract explicitly transfers ownership to the company.

Answer

The company automatically owns the copyright since they commissioned the work.

Question 20

A software engineer employed by a tech company develops a mobile app during work hours using company resources. Who owns the copyright to this software?

Accepted Answer

The company holds the copyright as the software was created within the scope of the employee's job duties.

Answer

The software engineer retains the copyright as the original creator.

Question 21

A photographer captures an image of a famous statue in a public park. While the subject matter is pre-existing and not original, the photograph exhibits the photographer's unique lighting and composition. Is the photographer eligible for copyright protection?

Accepted Answer

Yes, the photograph is an original work and qualifies for copyright protection, despite depicting a public domain subject.

Answer

No, the statue being in the public domain precludes copyright protection for the photograph.

Answer

No, the photograph is not sufficiently original to be protected by copyright.

Question 22

Which of the following is NOT a prerequisite for copyright protection in the UK?

Accepted Answer

Commercial value

Answer

Originality

Answer

Human authorship

Answer

Fixation

Question 23

A musician creates a musical composition but never releases it publicly. Their heirs, after the musician's passing, decide to publish the work. Can the composition be copyrighted?

Accepted Answer

Yes, copyright protection begins upon creation and is not contingent on publication.

Answer

No, the work is not protected unless it was published during the composer's lifetime.

Answer

No, the work has entered the public domain due to the composer's passing.

Question 24

Two authors independently create literary works that share striking similarities in theme and structure, without any knowledge of each other's work. Are both authors entitled to copyright protection for their respective works?

Accepted Answer

Yes, independent creation does not negate copyright protection.

Answer

No, only the author who created the work first can claim copyright protection.

Answer

No, the works are too similar to be considered independently created and original.

Question 25

A business designs a distinctive logo for their product. This logo is a unique graphic creation, not based on any preexisting work. What type of copyright protection is most applicable to this logo?

Accepted Answer

Artistic work

Answer

Trademark

Answer

Design right

Question 26

A university lecturer publishes an academic article in a peer-reviewed journal. The journal secures the copyright for the article but grants the lecturer a non-exclusive license to use it for specific purposes. In this scenario, who holds the copyright to the article?

Accepted Answer

The journal retains the copyright.

Answer

The copyright is jointly held by the journal and the lecturer.

Answer

The lecturer retains the copyright.

Answer

The university holds the copyright.