PrepTest 135, Section 4, Question 15

Must Be TrueDifficulty5 of 5
The questionFull text in your LawHub copy of PrepTest 135

Copyright was originally the grant of a temporary(41 more words not shown)

The conclusion of the argument(13 more words not shown)

Reading the argument

The original idea is an incentive: let authors earn money from their work so they're more willing to share it. Imagine writing a book only to have a much larger publisher copy it and keep the sales. Protection against that possibility could make publishing the book more worthwhile for you.

The author now claims that copyright sometimes extends beyond that original purpose. What kind of case would show that? I don't have a particular example in mind yet. But I know the target: a protection that extends beyond giving the author an opportunity for a reasonable financial reward.

What we’re looking for

The blank follows 'since,' so it needs to give a reason for the conclusion already stated. So I want a case that makes us say, 'This protection reaches further than the original incentive described above.' We can evaluate a proposed example even without predicting exactly what it will be.

Working the answers

  • A

    There can be several ways to circulate ideas while copyright still serves its stated purpose. The existence of another route doesn't show that this protection extends beyond rewarding authors to encourage circulation.

  • B

    Some authors might share their work for free. That doesn't mean financial protection exceeds its purpose for others, or even that rewarding a willing author is outside that purpose. Willingness to work without a reward isn't the same as a protection extending beyond rewarding the author.

  • C

    A writer's failure to find a publisher shows a difficulty getting the work into circulation. It doesn't show copyright extending beyond its original purpose. A protection can fail to achieve its intended benefit in a particular case without having an excessive reach.

  • D

    An inability to enforce copyright is a problem with making the protection effective. The conclusion concerns the protection going beyond its original purpose, not falling short because nobody can enforce it. Those are different criticisms.

  • E
    Correct

    Copyright can continue for many years after the author dies. That gives us a concrete reason to question whether its reach stops at the original aim of allowing authors to obtain a reasonable financial reward. Protection continues when the author can no longer personally receive that reward.

    This doesn't settle every possible justification for posthumous protection. The task is narrower: support the claim that copyright sometimes extends beyond the original purpose described in the passage. Continued protection after the author's death supplies that support.

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