PrepTest 149, Section 2, Question 18

AnalogyDifficulty4 of 5
Passage 3Social norms protecting comedians’ jokes and chefs’ recipes
The questionFull text in your LawHub copy of PrepTest 149

Passage A Comedians are not amused when their(497 more words not shown)

Passage A(293 more words not shown)

Passage B(212 more words not shown)

The relationship described in passage(28 more words not shown)

Reading the passage

What is the relationship we are matching? Copyright formally applies to comedians' jokes, but comedians rarely use lawsuits to protect them. We need the corresponding legal avenue that is available to chefs but seldom used. Keep both halves together: available in principle, largely unused in practice. An answer that merely names something important to chefs will not supply that relationship.

Working the answers

  • A

    Intellectual property is the broad category of work or rights being protected. It is not the particular unused legal avenue corresponding to copyright in A.

  • B

    B says recipes are “rarely patentable.” The emphasis there is difficulty qualifying for protection. The closer match is the law B expressly describes as potentially available but seldom used.

  • C

    Ingredients are part of what chefs want to protect. They would correspond to the comedians' material, not to the law that could protect it.

  • D
    Correct

    B says protection is possibly provided by laws governing trade secrets (Passage B, paragraph 1), but chefs “very seldom use them.” Those two facts match A: copyright applies to jokes, yet infringement lawsuits between comedians are almost unheard of.

  • E

    Social norms are the alternative chefs do use. They correspond to the comedians' informal system, not the formal protection the comedians rarely use. This matches the wrong side of the contrast.

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