Question 1

What constitutes fair dealing?

Accepted Answer

Where the literary, dramatic, musical or artistic work is an article in a magazine, dealing with the whole of the work will be fair dealing for research and study. In any other case, such as a whole book, a fair dealing will involve no more than a reasonable portion of the work.

A reasonable portion of a work in an edition that exceeds 10 pages shall not exceed 10% of the total pages of that edition; however, where the edition is divided into chapters the dealing may exceed 10% of the total number of pages providing they cover only the whole or part of a single chapter.

Question 2

In the context of copyright law, the term: 'original' means that:

Accepted Answer

In copyright law, 'original' means that the work is independently created by the author and not copied from other works, reflecting the author's own efforts and creativity.

Question 3

Once a work is 'made' the creator must register their copyright in order to protect their rights.

Accepted Answer

While registering a copyright can provide additional legal protection, it is not required in order to have copyright protection. Copyright protection begins automatically when a work is created and fixed in a tangible form.

Question 4

Which of the following would be characterised as an intellectual property right?

Accepted Answer

The right to copy a book is a form of intellectual property right known as copyright. Copyright protects the original works of authors, including literary and artistic works such as books, paintings, and music. The right to sell, buy, or read a book are not considered intellectual property rights, but are rather considered consumer rights or personal freedoms.

Question 5

Where does copyright exist?

Accepted Answer

The answer of Where does copyright exist?...

Question 6

Which of the following could be registered as a design?

Accepted Answer

A chair can be registered as a design because it has a visual appearance that is unique and non-functional. The other options (CD cover, book, painting) may have visually appealing designs, but they do not fit the criteria for design registration because they are functional or not three-dimensional objects.

Question 7

Which of the following is NOT included as one of the 'moral rights' which can be asserted by an author under the Copyright Amendment (Moral Rights) Act 2000 (Cth)?

Accepted Answer

The right of the author to protect their work from unauthorised copying is not included as one of the moral rights under the Copyright Amendment (Moral Rights) Act 2000 (Cth). The other three options - the right of the author to be identified with their work, the right of the author to protect their work from derogatory treatment, and the right of an author to prevent others from claiming authorship - are all moral rights that can be asserted by an author under the Act.

Question 8

If a carpenter designs and makes a desk out of timber, the desk becomes a piece of intellectual property.

Accepted Answer

A desk made out of timber is not considered intellectual property, as it is a physical product and not an idea, invention, or creation that can be protected by intellectual property laws.

Question 9

A court orders a plaintiff's representatives to enter a premises and seize material that infringes the plaintiff's copyright. This is known as:

Accepted Answer

An Anton Pillar Order (also known as a civil search warrant) allows the plaintiff's representatives to enter a premises and seize material that infringes the plaintiff's copyright without prior warning or announcement. Specific performance is a court order requiring a party to fulfill their contractual obligations. An injunction is a court order to cease and desist from a certain activity. An account of profits is an order requiring the infringing party to disclose their profits made through the infringement and to pay a portion of those profits to the plaintiff.

Question 10

Why does copyright law protect only the expression of an idea, but not the idea itself?

Accepted Answer

The answer of Why does copyright law protect only the...

Question 11

Copyright can exist in both published and unpublished works.

Accepted Answer

Copyright can exist in both published and unpublished works, meaning that the creator has exclusive rights to reproduce, distribute, and display their work regardless of whether it has been made public or not.

Question 12

Which of the following situations will constitute an infringement of copyright?

Accepted Answer

A public reading of the whole of a published literary work constitutes an infringement of copyright because it involves the reproduction or communication of the entire work without permission from the copyright owner.

Question 13

Which of the following is NOT one of the exclusive rights of the registered owner of a design?

Accepted Answer

The registered owner of a design has the exclusive right to make a product that embodies the registered design, sell or dispose of the product, and assign any of these rights to another person. However, the registered owner does not have the exclusive right to manufacture a spare part to repair existing machinery. This falls under the doctrine of repair and can be done by any person who has the right to use the machine.

Question 14

Anita designs magazine covers for her employer: 'Live Magazine'. The magazine is printed by Fairview press. Who owns the copyright in the magazine cover?

Accepted Answer

The copyright in the magazine cover belongs to Live Magazine, as they are the ones who commissioned the work and are considered the "author" of the work. Fairview Press may have some limited rights to use the cover for the purpose of printing and distributing the magazine, but the ultimate ownership remains with Live Magazine. Anita as the designer may have some moral rights to be credited for the work, but does not own the copyright.

Question 15

Which of the following statement about design is NOT correct?

Accepted Answer

A design does not necessarily need to have a visual feature that serves a functional purpose; it can also be purely aesthetic or contribute to the product's overall appearance without serving a functional purpose.

Question 16

Copyright law gives the copyright holder the right to stop another person from:

Accepted Answer

Copyright law grants the copyright holder the exclusive right to reproduce the work, create adaptations or derivative works based on the original, and to publicly perform or display the protected work. Therefore, all of the above choices are correct.

Question 17

Protection under the Copyright Act 1968 (Cth) does not extend to include computer programs.

Accepted Answer

Protection under the Copyright Act 1968 (Cth) does extend to include computer programs.

Question 18

Copyright in a literary work published during the author's lifetime lasts:

Accepted Answer

Copyright in a literary work published during the author's lifetime lasts for 70 years from the year of the author's death, according to international copyright law standards like the Berne Convention.

Question 19

Which of the following is NOT one of the requirements for a design to be registered under the Designs Act 2003 (Cth)?

Accepted Answer

While designs must meet certain requirements to be registered under the Designs Act 2003 (Cth), detailed examination by the registering authority is not one of them. The other requirements include being new and distinctive, complying with statutory formalities, and having the applicant be the owner of the design.

Question 20

Why do some types of intellectual property require registration while others do not?

Accepted Answer

The answer of Why do some types of intellectual property...

Quiz 28: Intellectual propert