PrepTest 130, Section 2, Question 17

ApplicationDifficulty2 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)

Suppose an inventor describes an(50 more words not shown)

Reading the passage

Match the people to the poet example. The inventor supplies the idea, just as the poet supplies the poem. The engineer makes the physical object using the engineer's own materials, just as the friend supplies the paper and writes the poem down.

What we’re looking for

The question asks us to apply the theory as described, even though the author thinks its result is a problem. Under that account, the engineer is the owner.

Working the answers

  • A
    Correct

    The engineer creates the tangible object from personally owned materials. Those are the facts that produce ownership under this theory. The inventor's claim based on originating the idea is exactly what the author's objection says the theory cannot adequately recognize.

  • B

    This gives ownership to the person who conceived the idea. It matches the intuition behind the author's criticism, but not the tangible-object theory we're asked to apply.

  • C

    The theory doesn't divide ownership equally between contributing the idea and making the object. Equal entitlement adds an arrangement not described.

  • D

    The engineer's entitlement isn't made conditional on the inventor receiving all profits. Nothing supplies that profit-sharing requirement.

  • E

    This gives the inventor ownership and adds a condition about the engineer's profits. Neither part follows from the theory's rule about creating an object from one's own materials.

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