Copyright law MCQ Quiz in বাংলা - Objective Question with Answer for Copyright law - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is 'Doctrine of first sale'

Key Points

• Doctrine of first sale:
  • The Doctrine of First Sale, also known as the "First Sale Doctrine," allows a person who has legally acquired a copy of a copyrighted work to sell or otherwise dispose of that copy without the permission of the copyright owner.
  • This doctrine is crucial for the resale of books, CDs, DVDs, and other physical media, enabling secondary markets such as used bookstores and online resale platforms.
  • It ensures that the copyright holder's control over a particular copy of their work ends after the first sale, promoting the circulation and accessibility of creative works.

Additional Information

• Doctrine of Election:
  • The Doctrine of Election is a principle where a person must choose between two alternative rights or claims that are inconsistent with each other.
  • It is often applied in property law and contract law, not directly related to the resale of copyrighted works.
• Doctrine of Prima facie sale:
  • This term is not a recognized doctrine in copyright law. "Prima facie" means "on its face" or "at first glance," and is used in legal contexts to indicate that something is presumed to be true until proven otherwise.
  • It does not relate to the resale of copyrighted works.
• Doctrine of original sale:
  • The term "Doctrine of original sale" is not a recognized legal doctrine in the context of copyright law.
  • It may be confused with the Doctrine of First Sale, but it is not applicable to the resale of copyrighted works.

The correct answer is 'The commercial use of copyrighted material'

Key Points

• Copyright Act, 1957 and Fair Use:
  • The Copyright Act, 1957 governs the rights of creators of original works in India, providing them with certain exclusive rights.
  • Section 52 of the Act outlines specific exceptions where the use of copyrighted material is considered "fair deal" or fair use.
• Commercial Use of Copyrighted Material:
  • Commercial use of copyrighted material is generally not considered fair use under Section 52.
  • Using copyrighted material for profit or commercial advantage typically requires permission from the copyright holder.
• Academic Use of Copyrighted Material:
  • Academic use is considered fair use under Section 52.
  • This includes reproduction of material for educational purposes, such as teaching and study.
• Use for Research Purposes:
  • Using copyrighted material for research is allowed under fair use provisions.
  • This facilitates academic research and the advancement of knowledge.
• Private Use of Copyrighted Material:
  • Private use, including personal study and reference, is permitted under fair use.
  • This allows individuals to use copyrighted material without seeking permission, as long as it is not for commercial gain.

Additional Information

• Fair Use Doctrine:
  • The fair use doctrine aims to balance the interests of copyright holders with the public interest in accessing and using creative works.
  • Factors considered in determining fair use include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.
• Global Perspective:
  • Different countries have varying interpretations and regulations regarding fair use.
  • In the United States, the fair use doctrine is more flexible, whereas other countries may have stricter rules.

The correct answer is Option 4.

Key Points

1. Section 28A: Term of copyright in works of Public Undertaking

   • Inserted by: Copyright (Amendment) Act, 1984
   • Date: 8th October 1984

2. Section 53A: Resale share right in original copies

   • Inserted by: Copyright (Amendment) Act, 1999
   • Date: 15th January 2000

3. Section 42A: Power to restrict rights of foreign broadcasting organisations and performers

   • Inserted by: Copyright (Amendment) Act, 2012
   • Date: 21st June 2012

4. Section 31B: Compulsory Licence for benefit of disabled

   • Inserted by: Copyright (Amendment) Act, 2012
   • Date: 21st June 2012

Chronological Order:

1. Section 28A (1984)
2. Section 53A (2000)
3. Section 42A (2012)
4. Section 31B (2012)

Therefore, the correct order is Option 4: D, C, B and A.

Key Points

To solve the question and arrange the expiry of the term of copyright in ascending order for the given cases, let's break down each scenario based on typical copyright laws, understanding that copyright terms can vary by jurisdiction. The general principles applied here are reflective of many international standards, such as those defined by the Berne Convention and other copyright agreements.

Case A: A writes a book on 1.10.2000 and dies on 2.10.2001.

  - Copyright usually lasts for the life of the author plus a certain number of years after the author's death (commonly 50 to 70 years). Assuming a 70-year term, the copyright would expire on 31.12.2071.

Case 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, and the author dies on 3.12.2000.

  - Since the author's identity is known and the author died in 2000, the copyright would expire 70 years after the author's death, similar to Case A, thus on 31.12.2070.

Case C: A government work is published on 3.12.2000.

  - Copyright for government works can vary significantly; however, a common term is 50 years from the date of publication. Thus, it would expire on 31.12.2050.

Case D: The author dies on 3.12.2002, and his work is published on 2.1.2003.

  - Copyright in works published posthumously is often calculated from the date of publication if the work is published within a certain timeframe after the author's death. Assuming a 70-year term from publication, it would expire on 31.12.2072.

Case E: A cinematograph film was published on 5.1.1999.

  - Copyright for cinematographic works is typically set for a certain number of years from the date of publication. Assuming a 50-year term, it would expire on 31.12.2048.

Arranging these in ascending order of expiry:

1.Case E (Cinematograph film, expires 2048)

2.Case C (Government work, expires 2050)

3.Case B (Anonymous author's book, expires 2070)

4.Case A (Book by an author who dies shortly after writing, expires 2071)

5.Case D (Posthumously published work, expires 2072)

Hence, the correct order is 5, 3, 2, 1, 4, which corresponds to Option 2 in the provided choices.

Therefore, Option 2 is correct.

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 is Section 40

Key Points

• Extension of Copyright to Foreign Works:
  • Section 40 of the Copyright Act, 1957 provides the power to extend the provisions of the Act to works first published in foreign countries.
  • This section allows the Central Government to issue notifications extending the benefits of the Act to foreign works, ensuring their protection under Indian law.
  • Such extension is often based on reciprocal arrangements or international treaties to which India is a party.

Additional Information

• Section 13:
  • Section 13 of the Copyright Act, 1957 deals with the works in which copyright subsists. These include original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings.
  • This section does not address the extension of copyright to foreign works.
• Section 14:
  • Section 14 defines the meaning of 'copyright' and the exclusive rights conferred by it, such as the right to reproduce, distribute, perform, and adapt the work.
  • It does not pertain to the extension of copyright to foreign works.
• None of the above:
  • This option is incorrect as Section 40 specifically provides the power to extend copyright to foreign works, making it the correct answer.