Unit IX · Topic 4Copyright and neighboring rights – Subject matters, limitations and exceptions, infringement and remedies – Previous Year Questions

Super Cassettes Industries Ltd. v. Myspace Inc. 2011 is a leading case on the copyright Act, 1957 dealing with which section of the Act?

1. (a)Section 14
2. (b)Section 22
3. (c)Section 30
4. (d)Section 51✓

Match the following sections of the Copyright Act 1957 with provisions given there under

A. Section 2 (O) 2(O)

1. Performer Right

B. Section 38 38

2. Meaning of Literary work

C. Section 37 37

3. Meaning of sound recording

D. Section 2 (XX) 2(XX)

4. Broadcast reproduction right

Choose the correct option

A B C D

1. (a)2 1 4 3✓
2. (b)4 2 3 1
3. (c)2 3 1 4
4. (d)1 4 3 2

The provision under Copyright Act is given as under

1. Section 52 B deals with provision relating to accounts and audit

2. Section 53 A deals with resale share rights in original copies

3. Section 52 deals with importation of infringing copies

4. Section 53 deals with certain acts not to be infringement of copyright

Choose the correct option

1. (a)1 and 3
2. (b)2 and 4
3. (c)1 and 4
4. (d)1 and 2✓

In which of the following cases, the 'minimal creativity test' was laid down?

A. Eastern Book Company v. D.B. Modak

B. R.G. Anand V. Delux films/Deej. peer

C. Amar Nath Sehgal V. Union of India

D. University of London Press V. University Tutorial Press

Choose the correct answer from the options given below

1. (a)A Only✓
2. (b)B Only
3. (c)C Only
4. (d)D Only

Match List I with List II

I -II

List I/I List II/II Provisions Sections of Copyright Act, 1957 , 1957

A. Performer I. Section 2 (q) 2

B. Performer's right II. Section 38 B 38

C. Performance III. Section 38 38

D. Moral Rights of IV. Section 2 (qq) Performer 2

Choose the correct answer from the options given below

1. (a)A- I; B - III; C - IV; D - II
2. (b)A - II; B - I; C - IV; D - III
3. (c)A - III, B - I; C - II; D - IV
4. (d)A - IV; B - III; C – I; D - II✓

Resale share right in original copies under Section 53 A of the Copyright Act, 1957 is not applicable to

1. (a)Original copy of painting
2. (b)Original copy of sculpture
3. (c)Original manuscript of a literary or dramatic work
4. (d)Cinematograph film✓

Match List I with List II

I II

List I/I List II/II (a) Eastern Book Co. I. Idea Expression

v. D. B. Modak Dichotomy (2006, SC) . . (2006, ) (b) Bayer Corp v. II. Minimum of Union of India creativity Test (c) R.G. Anand v. III. Prior user Test Deluxe Films (1978 SC)/peer. (1978, (d) N. R. Dongre v. IV. Compulsory Whirlpool Corpn. license of patents (1996 SC)

Choose the correct answer from the options given below

1. (a)A-I, B-II, C-III, D-IV
2. (b)A-II, B-IV, C-I, D-III✓
3. (c)A-IV, B-I, C-II, D-III
4. (d)A-III, B-I, C-II, D-IV

The owner of the Copyright of the sound recording has which one of following right, under Sec 14 (e) of the Copyright Act, 1957

1. (a)to encrypt the sound recording
2. (b)to make any adaptation of the sound recording
3. (c)to communicate the sound recoding to the public✓
4. (d)to make any translation of the work recorded in the sound recording

Asha, a journalist employed, writes a story in the newspaper. Deepak makes a film based on the story. Raghu and Rekha plays the lead role in the film. The dance in the film is choreographed by Ajay

A. Asha is the author of literary work

B. Proprietor of the newspaper has copyright on the story, in the absence of a contract regarding copyright

C. Proprietor of the newspaper has only the Publication rights

D. Raghu and Rekha have performer's right

E. Ajay is the author of musical work

Choose the correct answer from the options given below

1. (a)A, D and E only
2. (b)A, C and D only✓
3. (c)B and D only
4. (d)A, C, D and E only

Arrange the expiry of the term of copyright in an ascending order in following cases

A. A writes a book on 1. 10. 2000 and dies on

B. A book is written by an anonymous author and published on 1.10.2000. The identity of the author is disclosed on 2.11.2000, Author dies on 3.12.2000

C. A government work is published on 3.12.2000

D. Author dies on 3.12.2002 and his work published on 2.1.2003

E. A cinematograph film was published on 5.1- 1999

Choose the correct answer from the options given below

1. (a)E, D, C, B, A
2. (b)E, C, B, A, D
3. (c)E, A, B, D, C
4. (d)E, C, A, B, D✓

"Moral Right" is a concept prevailing in

1. (a)Industrial Design
2. (b)Geographical Indication
3. (c)Trademark
4. (d)Copyright✓

Which of the following is not a 'fair dealing' under the Copyright Act?

1. (a)Private use
2. (b)Research purpose
3. (c)Reporting current affairs
4. (d)Commercial use✓

How do copyright laws of different jurisdictions consider software?

1. (a)It is considered a literary work✓
2. (b)It is considered an artistic work
3. (c)It is considered a non-copyrightable work
4. (d)It is considered a monopoly work

Can copyright subsist in a computer programme?

1. (a)No, since computer programmes are only readable by machines
2. (b)No, since all computer programmes have nothing original about it
3. (c)Yes, since all computer programmes are works of art
4. (d)Yes, of sufficient efforts or skill has been expended to give it a new and original character✓

Which provision of the Agreement on Trade Related Intellectual Property Rights provides copy right protection to computer programmes?

1. (a)Article 1(1)
2. (b)Article 2(10)
3. (c)Article 10(1)✓
4. (d)Article 10(10)

Can a computer programme be granted copyright if it produces only the multiplication tables?

1. (a)Yes, because a multiplication table is a work of art
2. (b)Yes, because there is creatively involved in it
3. (c)No, because the skill or effort to bring out such works is too trivial to term it new and of original character✓
4. (d)No, because it is just a discovery and not an invention

Where does Copyright subsist in?

1. (a)Copyright subsists in original works incapable of being reproduced
2. (b)Copyright subsists in non-original works capable of being reproduced
3. (c)Copyright subsist in original works capable of being reproduced✓
4. (d)Copyright subsists in all works irrespective of their capacity to be reproduced

Which international legal instrument incorporates the provision for protection of moral rights?

1. (a)Stockholm Convention
2. (b)Brussels Convention
3. (c)Berne Convention✓
4. (d)Rome Convention

Which of the following brought clarification on limitation on moral rights?

1. (a)Rome Conference
2. (b)Brussels Revision Conference alone
3. (c)Both Brussels Revision Conference and Stockholm Conference✓
4. (d)Stockholm Conference alone

In which year were 'moral rights' first introduced into the international system?

1. (a)1967
2. (b)1928✓
3. (c)1886
4. (d)1948

What is not correct about Rome Revision Conference, 1928?

1. (a)It incorporated moral rights into Berne Convention
2. (b)The text on moral rights introduced by 1928 Revision has never undergone any amendments✓
3. (c)The focus on Stockholm conference was not to nullify the moral rights introduced by Rome Conference
4. (d)The Brussels Revision Conference brought first amendment to the text of moral rights inserted by Rome Conference

Which is true about moral rights?

1. (a)The 1948 and 1967 amendments enlarged the scope of moral rights
2. (b)The Brussels revision conference and the Stockholm conference clarified limitations on moral rights✓
3. (c)The Brussels and Stockholm amendments brought substantial changes in the realm of moral rights
4. (d)The original Berne convention text itself carried provisions on moral rights

Which of the following is NOT a subject matter of copyright as per Section 13 of the Copyright Act, 1957 ?

1. (a)Cinematographic films
2. (b)Dramatic work
3. (c)Performance of performers✓
4. (d)Sound recording

The term of Copyright in published musical work under the Copyright Act, 1957 is?

1. (a)Copyright shall subsist until 60 years from the date of release of song
2. (b)Copyright shall subsist until 25 years from the date of release of song
3. (c)Copyright shall subsist until 60 years from the beginning of the calendar years next following the year in which author dies✓
4. (d)Copyright shall subsist until 25 years from the beginning of the calendar years next following the year in which author dies

What is the "Public Domain" in the context of copyright?

1. (a)Works that are owned by the public
2. (b)Works that are free to use without attribution
3. (c)Works for which copyright has expired or been waived✓
4. (d)Works that are published on the internet

Which one of the following act constitutes infringement of the copyright?

1. (a)The reading or recitation in public from a published literary or dramatic work for commercial purpose✓
2. (b)The reproduction of any work for the purpose of a judicial proceedings or for the purpose of a report of a judicial proceedings
3. (c)The reproduction of any work by a teacher or a pupil in the course of instruction
4. (d)The making of a three dimensional object from a two-dimensional artistic work, for a purpose of industrial application

In cases of offences of infringement of copyright the jurisdiction to try the offence vests with

1. (a)Commercial courts
2. (b)District Magistrate
3. (c)Metropolitan Magistrate of the Second Class
4. (d)Metropolitan Magistrate of the First Class✓

(The owner in case of Musical Work is

1. (a)The producer of the musical work
2. (b)The composer of the musical work✓
3. (c)The singer of the musical work
4. (d)The lyricist of the musical work