Copyright law MCQ Quiz - Objective Question with Answer for Copyright law - Download Free PDF

The correct answer is:Option 3) No, because the skill or effort to bring out such works is too trivial to term it new and of original character.

Key Points

• For a computer program to be granted copyright protection, it must exhibit a certain degree of originality and creativity. A program that simply produces multiplication tables, which is a standard, factual process, does not involve the level of creativity or effort required to make it eligible for copyright protection.

• Copyright does not protect ideas, facts, or methods. Since multiplication tables are a fundamental, mathematical concept that is well-established, producing them through a program is not considered an original or creative expression in a way that would qualify for copyright.

• Originality is the key requirement for copyright protection. In this case, the multiplication tables are not considered original works since they are based on basic, well-known arithmetic.

• The level of creativity needed to produce such a program is seen as insufficient for copyright protection, as the effort involved is too trivial.

Additional Information

• Copyright protects the expression of an idea (such as the specific code used to create a program), but not the idea itself. In this case, the idea (multiplication tables) is not original enough to be protected.

• For copyright protection, the program must involve some degree of novelty or creative coding. Simple algorithms or functions that produce basic, factual results (like multiplication tables) generally do not meet this threshold.

The correct answer is: Option 1) It is considered a literary work.

Key Points

• Copyright laws of different jurisdictions typically classify software as a literary work. This classification applies because software consists of code (written language) and is an expression of ideas in a tangible medium.
• Just like novels, poems, and articles, computer programs are protected as literary works under copyright law because they involve the written expression of ideas.
• This recognition ensures that programmers and software developers can exercise control over their creations, such as preventing unauthorized copying or distribution.

Software is not classified as an artistic work because it is not primarily visual or aesthetic in nature.

Copyright law does not consider software as a non-copyrightable work. It is eligible for protection as long as it meets originality requirements.

Software is not considered a monopoly work under copyright laws. While copyright grants the creator exclusive rights, it is not intended to create a monopoly but rather to protect intellectual property rights.

Additional InformationThe TRIPS Agreement and national copyright laws across different jurisdictions, including the U.S. and EU, classify computer programs as literary works to protect the rights of the creators in a global digital environment.

The correct answer is: Option 3) Article 10(1)

Key Points

• Article 10(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides specific copyright protection to computer programs.
• This provision recognizes computer programs as literary works, which are eligible for copyright protection under the TRIPS Agreement. 
• The inclusion of computer programs under copyright protection ensures that software developers' rights are safeguarded internationally, allowing them to control the use and reproduction of their original code.

TRIPS aims to standardize the protection of intellectual property rights across member countries to promote fair competition and innovation.

Computer programs are considered literary works under the copyright law, and Article 10(1) extends the same protections to them as are granted to other forms of literary works.

Additional Information

• The provision ensures that software and programming code are protected, making it illegal to copy or distribute software without the permission of the copyright holder.
• This protection applies to both original and modified software code, as long as it meets the originality criteria.

The correct answer is: Option 4) Yes, if sufficient efforts or skill have been expended to give it a new and original character.

Key Points

• Copyright protection applies to computer programs under international agreements like the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
• For a computer program to be eligible for copyright protection, it must exhibit a degree of originality. This means the program must have been created with sufficient effort and skill, making it a new and original work. 
• Originality in the context of computer programs refers to the creativity involved in coding and the unique way the program is structured or written. It does not matter if the program is readable by machines; what matters is the level of creativity involved in its development.

Computer programs are considered literary works under copyright law, meaning they are protected as written expressions, much like novels or scripts.

Originality is the primary factor for copyright protection. Even though computer programs serve functional purposes, the code, algorithms, and structure can be original and thus eligible for protection.

Additional InformationThe fact that computer programs are executed by machines does not negate their eligibility for copyright. What matters is the programming effort involved in creating the software, rather than the machine's ability to read or execute it.

Copyright does not protect the idea behind the program or the functionality but protects the actual expression of the code.

The correct answer is: Option 3) Copyright subsists in original works capable of being reproduced.

Key Points

• Copyright is a legal right granted to the creators of original works, such as literary, artistic, or musical works, which allows them to control the reproduction, distribution, and public display of their creations.
• Original works are those that are created with a degree of creativity and originality, as opposed to works that merely copy from others.
• Copyright protection applies to works that are capable of being reproduced, meaning the work can be fixed in a tangible medium (e.g., written, recorded, or otherwise represented in a physical or digital format).
• Originality is a key requirement for copyright protection. The work must be the result of the creator's own effort and creativity.
• Reproducibility: The work must be capable of being reproduced, whether digitally, in print, or in another fixed format, for copyright protection to apply.

Additional InformationCopyright does not protect ideas, methods, or systems. It only protects the expression of ideas (e.g., the specific wording of a book or the arrangement of a musical composition), not the underlying concept.

The correct answer isProtection of Intellectual Property Rights.

Key Points

Copyright Law:

• The Berne Convention, established in 1886, primarily focuses on the protection of works and the rights of their authors. It is a foundational international agreement in copyright law.
• It ensures that authors' works (such as books, music, paintings, sculpture, and films) are protected in all signatory countries, giving the creators exclusive rights to use and authorize the use of their works.
• In summary, the Berne Convention is specifically concerned with copyright law, ensuring the protection of authors' works across international borders, unlike the other mentioned laws which are covered by different agreements and conventions.

The correct answer is 'Copyright'

Key Points

• Paris Convention 1883 for the Protection of Industrial Property:
  • The Paris Convention, adopted in 1883, is one of the first international treaties designed to help people of one country obtain protection for their intellectual property in other countries.
  • It primarily focuses on industrial property, which includes patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition.
• Patents:
  • Patents are granted for inventions and provide exclusive rights to the patent holder to prevent others from making, using, or selling the invention without permission.
• Trademarks:
  • Trademarks are signs capable of distinguishing the goods or services of one enterprise from those of other enterprises. They are protected under the Paris Convention.
• Utility Models:
  • Utility models are similar to patents but are often used for less complex inventions. They are also known as "petty patents" and are included in the Paris Convention.

Additional Information

• Copyright:
  • Copyright is a form of protection provided to the creators of original works, including literary, dramatic, musical, and artistic works. It was not covered under the Paris Convention of 1883.
  • Copyright protection is instead covered by the Berne Convention for the Protection of Literary and Artistic Works, which was adopted in 1886.

The correct answer isProtection of Intellectual Property Rights.

Key Points

Copyright Law:

• The Berne Convention, established in 1886, primarily focuses on the protection of works and the rights of their authors. It is a foundational international agreement in copyright law.
• It ensures that authors' works (such as books, music, paintings, sculpture, and films) are protected in all signatory countries, giving the creators exclusive rights to use and authorize the use of their works.
• In summary, the Berne Convention is specifically concerned with copyright law, ensuring the protection of authors' works across international borders, unlike the other mentioned laws which are covered by different agreements and conventions.

Key Points

Copyright Law:
The Berne Convention, established in 1886, primarily focuses on the protection of works and the rights of their authors. It is a foundational international agreement in copyright law.
It ensures that authors' works (such as books, music, paintings, sculpture, and films) are protected in all signatory countries, giving the creators exclusive rights to use and authorize the use of their works.
In summary, the Berne Convention is specifically concerned with copyright law, ensuring the protection of authors' works across international borders, unlike the other mentioned laws which are covered by different agreements and conventions.

The correct answer is Option 3.

Key Points

• The term 'Broadcast reproduction right' refers to the exclusive right given to broadcasting organizations regarding their broadcasts.
• Under the Copyright Act, 1957, broadcast reproduction rights protect the broadcast from unauthorized rebroadcasting, recording, or other use.
• This right helps ensure that the economic interests of the broadcasting organizations are protected, allowing them to benefit from their broadcasts.
• The duration of this right is explicitly defined in the legislation to provide a clear time frame for protection.
• According to the Copyright Act, 1957, the broadcast reproduction right shall subsist for a period of 25 years from the year the broadcast is made.

Additional Information

• The Copyright Act, 1957, covers various other rights such as copyright in literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings.
• Understanding the duration and scope of different rights under the Copyright Act is essential for creators, broadcasters, and users of such works to ensure compliance and protection.
• The protection of broadcast reproduction rights helps maintain the integrity of broadcasts and encourages the production and dissemination of high-quality content.

The correct answer is 'Commercial use'

Key Points

• Commercial use:
  • The Copyright Act allows certain exceptions under the concept of 'fair dealing', where copyrighted materials can be used without permission in specific circumstances. However, 'commercial use' does not fall under this category.
  • Commercial use involves using copyrighted material for profit-making purposes, such as selling or distributing it for monetary gain. Such use infringes on the copyright holder's exclusive rights and is not protected under 'fair dealing' provisions.
  • This exception is designed to protect the financial interests of creators and copyright holders, ensuring they retain control over the commercial exploitation of their works.

Brief Overview of Other Options

• Private use:
  • Private use refers to the use of copyrighted material for personal purposes without sharing it publicly or using it for commercial gain.
  • Such use is considered 'fair dealing' under the Copyright Act as it does not harm the interests of the copyright holder or exploit the work for profit.
• Research purpose:
  • Using copyrighted material for research or study is a recognized 'fair dealing' exception under the Copyright Act.
  • This provision ensures that researchers and students can access and use copyrighted works to advance knowledge without infringing the copyright.
• Reporting current affairs:
  • The Copyright Act allows the use of copyrighted material for reporting current affairs, such as news or media coverage, under 'fair dealing' provisions.
  • This exception supports freedom of the press and ensures that important information can be shared with the public without legal barriers.

Additional Information

• Fair dealing exceptions under the Copyright Act:
  • The concept of 'fair dealing' is designed to strike a balance between protecting the rights of copyright holders and allowing limited use of copyrighted works for socially beneficial purposes.
  • Other common fair dealing exceptions include use for criticism, review, teaching, or parody, subject to specific conditions laid out in the law.
  • These provisions vary across jurisdictions, but the general principle is to allow limited, non-commercial, and socially beneficial use of copyrighted materials.
• Consequences of infringing copyright:
  • Using copyrighted material for commercial purposes without permission can lead to legal consequences, including fines, penalties, or injunctions.
  • Copyright infringement undermines the economic incentives for creators and publishers, impacting the production of original works.

The correct answer is 'Computer databases'

Key Points

• Section 2(0) of the Copyright Act, 1957:
  • The section defines 'literary work' under the act.
  • It includes computer programs, tables, and compilations including computer databases.
• Computer databases:
  • Computer databases are considered compilations of data, which fall under 'literary work' as per the act.
  • They are protected by copyright law, ensuring the creator's rights over their work.

Additional Information

• Computer software:
  • While computer software is a type of computer program, it is not explicitly mentioned as 'literary work' in the context of the given section.
• Computer system:
  • A computer system refers to the hardware and software components working together, which is not categorized under 'literary work'.
• Artificial intelligence:
  • Artificial intelligence involves advanced technologies and algorithms, which are not specified as 'literary work' under the Copyright Act.

The correct answer is 'Smt. Manu Bhandari vs Kala Vikas'

Key Points

• Smt. Manu Bhandari vs Kala Vikas:
  • The Supreme Court of India made the statement regarding the excellence of arts and literature in the case of Smt. Manu Bhandari vs Kala Vikas.
  • This case involved issues related to copyright and the protection of creative works, highlighting the importance of a healthy environment and adequate protection for artists and authors.
  • The Court emphasized that the quality of creative genius is a hallmark of cultural maturity and vitality, thus underscoring the need for legal frameworks that support and protect artistic endeavors.

Additional Information

• Jaswant Kaur vs Subhash Paliwal:
  • This case did not involve discussions on the excellence of arts and literature but was more focused on personal disputes.
• Eastern India Motion Picture vs Performing Rights:
  • This case dealt with issues related to performing rights and the film industry but did not specifically address the broader cultural implications of arts and literature.
• R.G. Anand vs Super Delux:
  • This case was significant in the context of copyright law but did not include the specific statement about the hallmark of culture being the excellence of arts and literature.

The correct answer is 'John Locke and Immanuel Kant'

Key Points

• Exclusive rights of author:
  • The concept of 'exclusive rights of an author' refers to the legal rights granted to creators of original works, allowing them to control the use of their creations.
  • This includes rights such as reproduction, distribution, and adaptation of their works.
  • These rights are fundamental to intellectual property law and are aimed at encouraging creativity and innovation by providing economic incentives to authors.
• John Locke and Immanuel Kant:
  • John Locke, a 17th-century philosopher, argued that individuals have natural rights to the fruits of their labor, including intellectual creations.
  • Immanuel Kant, an 18th-century philosopher, emphasized the moral rights of authors, arguing that their works are an extension of their personality and thus deserve protection.

Additional Information

• John Austine:
  • John Austine was a legal theorist known for his work in jurisprudence, particularly the theory of legal positivism.
  • He did not specifically argue for the exclusive rights of authors.
• Hugo Grotius:
  • Hugo Grotius was a Dutch jurist known for his contributions to international law and natural law.
  • While influential in many areas, he did not specifically focus on the exclusive rights of authors.
• Finnis:
  • John Finnis is a contemporary legal philosopher known for his work in natural law and ethics.
  • His contributions are significant but do not directly address the exclusive rights of authors.

The correct answer is 'A cognizable non-bailable offence'

Key Points

• Copyright (Amendment) Act, 1984:
  • The Copyright (Amendment) Act, 1984, brought significant changes to the copyright law in India.
  • One of the major changes was making copyright infringement a cognizable non-bailable offence, meaning law enforcement can arrest the infringer without a warrant and bail is not a right.
• Implications of Cognizable Non-Bailable Offence:
  • It emphasizes the seriousness of copyright infringement and serves as a deterrent to potential infringers.
  • Provides stronger legal protection to copyright holders.
  • Allows for quicker legal action to prevent further infringement.

Additional Information

• Other Options Explained:
  • Option 1: A Civil Wrong only:
    • While copyright infringement does have civil remedies, the amendment specifically made it a criminal offence as well.
  • Option 3: A Civil as well as tortious wrong only:
    • Civil and tortious wrongs typically involve remedies like damages, but the amendment added criminal penalties, making this option incorrect.
  • Option 4: An administrative wrong:
    • Administrative wrongs are typically regulatory violations and do not encompass the criminal aspect addressed by the amendment.