PrepTest 130, Section 2, Question 16

OrganizationDifficulty4 of 5
Passage 3The tangible-object theory of copyright and its limitations
The questionFull text in your LawHub copy of PrepTest 130

Proponents of the tangible-object theory of copyright argue(461 more words not shown)

The passage most directly answers(6 more words not shown)

Reading the passage

This is an open question about what the discussion actually answers. Much of what we've read explains and evaluates a theory. We should be careful about answers asking for the details of current law or court practice: those require information beyond merely knowing how the theory works.

Working the answers

  • A

    We aren't told whether the theorists want existing laws changed.

  • B
    Correct

    Yes. The land example introduces retained rights, and the theorists then apply that same idea to manuscripts and musical scores. They explicitly extend it beyond real estate.

  • C

    No court decisions or history of the theory's influence on those decisions is supplied.

  • D

    The discussion doesn't resolve what protection existing law gives creators who haven't officially applied. Explaining the theory's view of copyright doesn't answer that legal-procedure question.

  • E

    We aren't given standard transfer procedures across most legal systems. The general possibility of transferring ownership with retained rights is not a description of how those systems administer a transfer.

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