PrepTest 130, Section 2, Question 18

ApplicationDifficulty5 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)

Legal theorists supporting the tangible-object(14 more words not shown)

Reading the passage

We're answering for the theory's supporters. They want to explain intellectual property through physical ownership and retained rights. The author's objections in the final paragraph belong to the other side, so we can't attribute those objections to the theorists just because they're familiar ideas from the reading.

Working the answers

  • A

    Nothing requires an established publisher. The theory concerns physical form and ownership, not the publisher's reputation or institutional status.

  • B

    We aren't told that most legal systems explicitly rely on this theory. A proposed justification isn't evidence of how widely governments use it.

  • C

    Copying for profit is one of the rights described. That doesn't establish that copyright excludes protection for copying done for other reasons.

  • D

    This conflicts with the theory's stated assumption that every copyrightable work can take a physical form. It belongs on the side of the author's challenge, not the supporters' position.

  • E
    Correct

    The proponents identify this as the chief advantage of their approach: explaining intellectual-property rights “without recourse to” ownership of abstract ideas. Applying that rationale to patent protection, they would think the law needn't invoke an inventor's ownership of an idea.

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