PrepTest 123, Section 1, Question 6
In a recent court case, a copy-shop owner(422 more words not shown)
Which one of the following,(12 more words not shown)
- ACourse packs for(15 more words not shown)
- BThe copy-shop owner(8 more words not shown)
- CThe revenue generated(16 more words not shown)
- DMany area bookstores(15 more words not shown)
- EThe publishers had(18 more words not shown)
Reading the passage
The publishers say that letting this shop avoid permission fees will encourage other shops to do the same and hurt the value of their works. The court says that argument hasn't demonstrated enough harm. What would help the publishers? Actual evidence that course packs are taking sales away from the books would address the weakness the court identified.
Working the answers
- A
A larger class can mean more course-pack sales and more profit for the shop. That still doesn't tell us whether the publishers are losing sales or whether their works are worth less.
- B
Asking professors for orders might make the copying seem more deliberate, but lack of intent wasn't the publishers' problem. They need to show that the use is unprotected, especially by supporting their claim of market harm.
- C
Rising revenue for the shop doesn't by itself show falling sales or value for the publishers. The court already accepts that the shop can earn money from protected copying.
- DCorrect
The court found insufficient evidence of harm to the works’ existing or possible market (paragraph 2). A marked drop in sales of the very books used in course packs supplies evidence of that harm. It supports the publishers' claim that the copying is taking business away from their works.
- E
Lack of permission was already part of the accusation. More witnesses confirming it doesn't answer the court's reasoning that this use could be protected without permission.
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