Question 1

The existence of copyright in a work gives the copyright owner a number of exclusive rights in respect of the work.A new right was inserted into the Act in 2001.Which of the following cannot be said to describe the nature or effect of this new right?

Accepted Answer

Option A is correct as the new right to "communicate the work to the public" was introduced in response to recent technological innovations, such as the internet. Option B is also correct as the nature and effect of the new right is to allow copyright owners to control and authorize the communication of their work to the public. Option D is also correct as the new right specifically relates to the publication of the work online. However, option C is incorrect as the new right does not include a right for a person other than the copyright owner to reproduce the work for the purpose of criticism or review on the internet. Rather, the new right allows the copyright owner to control the communication of their work to the public, which may include allowing reproduction for purposes such as criticism or review, but this is at the discretion of the copyright owner.

Question 2

Which of the following types of IP protection will not apply to the corresponding features of a can of soft drink?

Accepted Answer

Patent protection applies to inventions and novel designs, such as the design of a new packaging method. However, the features of a can of soft drink, such as the name of the product, the writing on the packaging, and the recipe, do not qualify for patent protection. Trademark law protects the brand name of a product, while copyright law protects original creative works such as text, graphics, or artwork. The recipe for a soft drink would be protected under trade secret law, which is a type of intellectual property protection that prevents others from using or disclosing confidential information.

Question 3

Jaggy Pop, a rock star, leaps out of bed one morning and writes a song so catchy that he knows it will be a hit.His song, 'Sleep Inspiration', does hit the charts and remains at the Top 10 spot for 18 weeks.Marina Ross sues him claiming that the song infringes copyright in her song 'Sweet Inspiration'.She is correct that the two songs could easily be confused.Pop's neighbour Barney gives evidence that he was playing 'Sweet Inspiration' repeatedly from his apartment the night before Pop penned the song.Pop did not intend to copy 'Sweet Inspiration'.Did Pop nevertheless infringe Ross' copyright?

Accepted Answer

Pop's lack of intent is irrelevant in copyright infringement cases. Even if the copying was unintentional, if the two works are substantially similar, there can still be infringement. Therefore, Pop could be found guilty of copyright infringement regardless of his intentions.

Question 4

How can the economic justification for protecting IP rights be best explained?

Accepted Answer

IP rights provide financial incentives for innovation, which can lead to the creation of new and valuable products and technologies that benefit the wider economy. This encourages individuals and firms to invest in research and development, which can lead to economic growth and job creation.

Question 5

Which of the following is least likely to attract copyright protection?

Accepted Answer

The answer of Which of the following is least likely...

Question 6

Which of the following is not a category of intellectual property law?

Accepted Answer

Contract law is not a category of intellectual property law. It pertains to agreements between parties and does not focus on the protection of ideas or creative works like copyright, trademark, and patent law do.

Question 7

Two types of justification for protecting IP rights are commonly advanced.Which of the following statements is not true?

Accepted Answer

The historical foundation of IP law in Australia, like in many common law countries, is primarily based on economic justifications rather than the recognition of moral rights.

Question 8

For a creation to have copyright protection, it need not be:

Accepted Answer

Copyright protection does not require registration. It automatically applies to a creation once it is expressed in a material form, provided it is original and is a work or subject matter other than a work.

Question 9

Cat in The Hat Pty Ltd owns the IP rights in 'widgets'.Which of the following is the best description of the restrictions it is permitted to impose in a license granted to Sam to produce widgets?

Accepted Answer

As the owner of the IP rights in 'widgets', Cat in The Hat Pty Ltd has the power to impose restrictions in a license granted to Sam. These restrictions can include where, when, how and what volume of widgets Sam may produce. Therefore, choice D is the best option as it covers all aspects of the possible restrictions that Cat in The Hat Pty Ltd can impose. The other options are also valid to some extent but are more limited in scope.

Question 10

When is a creation 'original' such that it will attract copyright protection?

Accepted Answer

A creation is considered 'original' for copyright protection when it is the result of the creator's own skill, labor, and effort, not necessarily requiring uniqueness or innovation.

Question 11

What is copyright?

Accepted Answer

Copyright is the legal right granted to authors, artists, and other creators to prevent others from copying or using their original works without permission. It protects the expression of an idea, but not the idea itself. This means that a person can use another's idea, but the expression of that idea (such as a book, movie, or song) is protected by copyright.

Question 12

Which of the following is least likely to be in the public domain and therefore still subject to copyright protection?

Accepted Answer

George Lucas' film Star Wars (1977) is the most recent work among the options and is still under copyright protection. The other options are either too old or, in the case of the Mona Lisa, not protected by copyright due to its age.

Question 13

When another person exercises the exclusive rights of the copyright owner without permission, they are referred to as having:

Accepted Answer

Infringement is the term used to describe the act of someone using or copying someone else's work without permission or violating the exclusive rights granted to the owner under copyright law. A breach of copyright may be used interchangeably, but infringement is the most commonly used term. Options C and D may be applicable in some cases depending on the nature and circumstances of the infringement.

Question 14

Copyright protection extends to creations 'other than works'.This phrase does not include:

Accepted Answer

Paintings are considered works and are protected by copyright, so they are not excluded from the phrase "creations other than works."

Question 15

For copyright protection to exist in respect of a work:

Accepted Answer

Copyright protection applies to any original work that has been produced as a result of the creator's skill and effort, regardless of whether it is expressed in material form or bears the copyright symbol. The level of originality required for a work to be protected is relatively low, as long as it is not substantially similar to other works that are in the same class of works.

Question 16

The Copyright Act 1968 (Cth) gives the copyright owner certain 'moral' rights.These do not include:

Accepted Answer

The right of fair dealing is not a moral right, but rather a statutory exception that allows limited use of copyrighted material in certain circumstances, such as for reporting, criticism, or research purposes. The other options (A, B, and C) refer to the three main moral rights granted to the copyright owner under the Copyright Act 1968 (Cth): the right not to have authorship falsely attributed, the right of attribution of authorship, and the right of integrity.

Question 17

What happens when intellectual property rights expire?

Accepted Answer

When intellectual property rights expire, the intellectual property is said to enter 'the public domain' and become freely available for anyone to use, modify or reproduce.

Question 18

How long does copyright in an artistic work last?

Accepted Answer

Copyright in an artistic work lasts for 70 years after the year of the artist's death.

Question 19

Does an author have to register their copyright to obtain copyright protection?

Accepted Answer

Copyright protection is automatic upon creation of an original work fixed in a tangible medium of expression. Registration is not required to obtain copyright protection, although it can provide additional benefits such as being able to sue for infringement and potentially obtaining statutory damages and attorney's fees. The use of the copyright symbol is also not required, although it can provide notice to others of the author's claim of copyright ownership. The option of registering a 'subject matter other than a work' is not relevant to this question.

Question 20

Intellectual property is commonly described as:

Accepted Answer

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols. These creations are intangible in nature, meaning they cannot be touched or physically held, but they are still considered valuable and can be protected under the law.

Quiz 13: Protecting Ip