1.One of these CANNOT be copyrighted. Which is it?
A. Works of drawing, painting, architecture, sculpture, engraving, or other works of art B. Original ornamental designs or models for articles of manufacture C. Sportswear D. Illustrations, maps, plans, sketches, charts and three- dimensional works relative to geography, topography, architecture or science 2.X, an amateur astronomer, stumbled upon what appeared to be a massive volcanic eruption in Jupiter while peering at the planet through his telescope. The following week, X, without notes, presented a lecture on his findings before the Association of Astronomers of the Philippines. To his dismay, he later read an article in a science journal written by Y, a professional astronomer, repeating exactly what X discovered without any attribution to him. Has Y infringed on X's copyright, if any? A. No, since X did not reduce his lecture in writing or other material form. B. Yes, since the lecture is considered X's original work. C. No, since no protection extends to any discovery, even if expressed, explained, illustrated, or embodied in a work. D. Yes, since Y's article failed to make any attribution to X. 3. Apart from economic rights, the author of a copyright also has moral rights which he may transfer by way of assignment. The term of these moral rights shall last A. during the author's lifetime and for 50 years after his death B. forever C. 50 years from the time the author created his work D. during the author's lifetime 4. Kris Aquino commissioned Magaling to write a biography of her late father, Ninoy Aquino, for a fee. Upon completion of the work, Kris paid Magaling the agreed price. The biography was copyrighted. Kris, however, changed her mind again upon reading the book and decided not to have it published. Can Kris Aquino sell the property without the consent of Magaling? A. Yes, Kris Aquino can sell the copyrighted biography of her father without need of securing the consent of Magaling, the writer of said biography. B. Magaling entered into a contract with Kris Aquino and having compensated, he had parted with all his rights to the said book, in effect making Kris his assignee. C. The assignee's rights include the right to sell the work without the consent of the writer, Magaling. D. None of the above E. A. B and C 5 . Atty. Ana wrote a legal opinion for a client on the differences of a probationary. regular, casual and seasonal employee. She quoted without permission Atty. Ben Kato's comment appearing in his book " Annotations on the Labor Code", but she indicated the source of the quotation, the book and the author's name. Atty. Kato is a labor law expert. Can Atty. Kato hold Atty. Ana liable for infringement of copyright for quoting a portion of his book without his permission? A. Yes, because Atty. Ana copied somebody else's work without the original author's consent. B. No, because the Intellectual Property Code provides that a quotation from a copyrighted work can be used for judicial proceedings or for giving professorial advice by legal practitioner, provided the source are identified. C. Yes, because Atty. Ana used the work of another for her own gain. D. No, because everybody can quote somebody as long as the source and the name of the author of the quotation are identified. 6.T. an associate attorney in XYZ Law Office, wrote a newspaper publisher a letter disputing a columnist's claim about an incident in the attorney's family. T used the law firm's letterhead and its computer in preparing the letter. T also requested the firm's messenger to deliver the letter to the publisher. Who owns the copyright to the letter? A. T, since he is the original creator of the contents of the letter. B. Both T and the publisher, one wrote the letter to the other who has possession of it. C. The law office since I was an employee and he wrote it on the firm's letterhead. D. The publisher to whom the letter was sent. 7. Which of the following works are protected and can be copyrighted? A. A biography containing your life, love and success B. Your musical compositions with or without words C. News of the day and other facts having the character of mere press information D. Any work of the Government of the Philippines E. A and B only 8. The Sogod Hotel chain reproduces DVD's, distributes the copies thereof to its hotels and makes them available to hotel guests for viewing in the hotel guest rooms and charges a separate fee for the use of the DVD players. Is Sogod Hotel liable for infringement? A. No, the DVD viewing is done privately in the hotel guest rooms. B. Yes, because the reproduction of the DVD's violates the copyright or economic rights of the owner of the film. The hotel charge fees for the use of DVD player as well as there are room charges, they earn gain from the use of the DVD because it entices the guests to check-in in their hotel. C. No, the DVD viewing is part of the hotel services and it is the use of the DVD players that is charged and not the cost of the DVD. 9 . The infringer is liable to the following: Statement 1: An injunction for such infringement. $2: Pay actual, moral and exemplary damages. $3: Deliver for impounding of the articles alleged to infringe a copyright. $4: Deliver for destruction all copies, devices and other means used for making the infringing copies. Which of the statements above is/are true: A. Statement 1 B. Statement 2 C. Statement 3 D. Statement 4 E. All of the above 10. Paul, doing a cosmetics business, owns a copyright to the name of its facial cream 'chin chin suk" and patent rights for its heart shape case. John, who owns a merchandising company advertised and sold the same product to the public. Paul filed a petition for preliminary injunction against John for violation of his patent and copyright. Rule. A. The copyright and patent of the name effectively protects Paul from unauthorized use of the same to the exclusion of others B. The copyright and patent registration of a tradename or trademark would not guarantee the registrant the right to the exclusive use of the product. not being the proper subjects thereof C. A preliminary injunction under the rules of court is not the proper remedy in this case
