PrepTest 130, Section 2, Question 19

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)

The passage provides the most(9 more words not shown)

Reading the passage

We need a claim supported by the account, not just a statement that sounds plausible about property law. Keep the discussion's limits in mind: it explains how rights can be transferred or retained and gives an example, but it doesn't survey how often particular arrangements occur across legal systems.

Working the answers

  • A

    The possibility of retaining rights doesn't show that sellers retain some rights in most non-intellectual-property transactions. No frequency is given.

  • B

    Retained rights are described as common in many areas of law, and the theorists apply the idea to intellectual property. We aren't given a rule limiting current use to non-intellectual property.

  • C
    Correct

    The account permits ownership to be transferred while allowing the owner to retain some rights. It doesn't require the copying right always to be retained. Since copying for profit is one of the rights under discussion, transferring that right is compatible with the theory. May retain doesn't mean must retain.

  • D

    This claims that existing provisions sufficiently protect intellectual property. The discussion doesn't assess the adequacy of those laws; it evaluates a proposed theoretical justification.

  • E

    Computer programs aren't discussed, and no necessary condition like this is established. The musical-score example illustrates one retained right, not a requirement every protected work must satisfy.

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