Copyright Questions and Answers

Q: Read the following statements and choose the correct option.Under the Copyright Act, 1957 :Statement I : In the case of a posthumous literary work, copyright subsists for sixty years from the beginning of the calendar year next following the year in which the work is first published.Statement II : For such works, publication refers to making the work available to the public by issue of copies or by communication to the public.

Both Statements I and II are true.Section 24 of the Copyright Act, 1957 provides that in a literary, dramatic or musical work published after the author's death, copyright subsists for sixty years from the beginning of the calendar year next following the year in which the work is first published. That is Statement I.Section 3 explains 'publication' as making a work available to the public by issue of copies or by communicating the work to the public, which is Statement II. The two statements describe different parts of the same scheme, so options treating either as false are wrong.

Q: Which of the following doctrine stipulates that a person is entitled to sell his copy of a copyrighted work to anyone without being required to observe any conditions attached by the copyright owner to such sale.

The doctrine is the doctrine of first sale.Under the first sale doctrine, also called exhaustion of rights, once the copyright owner has sold or authorised the sale of a particular copy, its right to control the distribution of that copy is exhausted. The buyer may resell, lend or give away that copy without the owner's permission and without being bound by conditions on resale.The doctrine of election is an equity rule about choosing between inconsistent rights, and 'prima facie sale' and 'original sale' are not recognised doctrines.

Q: Which of the following rights always rests in the author and can't be transfer by assignment licence or sale ?

The right that always rests in the author is the moral rights of an author.Moral rights, the right to claim authorship (paternity) and the right to object to distortion or mutilation of the work (integrity), are personal to the author. In India, Section 57 of the Copyright Act, 1957 gives these rights independently of the author's copyright, and they remain with the author even after the copyright has been assigned.Economic rights such as licensing, performing, editing and translating can be assigned or licensed under Sections 18 and 30 of the Act.

Q: Which one of the following is not an exception given under S/52 of the Copyright Act, 1957 which allows the use of copyrighted material as "fair deal" ?

The use that is not a fair dealing exception is the commercial use of copyrighted material.Section 52 of the Copyright Act, 1957 lists acts that do not infringe copyright, including fair dealing for private or personal use including research, for criticism or review, and for reporting current events, as well as reproduction in the course of instruction. These exceptions serve learning, research and free expression.Commercial exploitation of another's work is the very right copyright reserves to the owner, so it cannot be fair dealing; academic, research and private use are covered.

Q: The "Lay Observer Test" has been evolved in which of the following case pertaining to the Copyright Act ?

The test was evolved in R.G. Anand Vs. Delux Films, AIR 1978 SC 1613.In R.G. Anand v. Delux Films (1978), the playwright of 'Hum Hindustani' alleged that the film 'New Delhi' copied his play. The Supreme Court held that there is no copyright in an idea, only in its expression, and laid down the test: if a spectator or viewer, after seeing both works, gets an unmistakable impression that one is a copy of the other, infringement is made out. This is the lay observer test.Eastern Book Company v. D.B. Modak (2008) adopted the 'modicum of creativity' standard for originality. The Apple and Mattel cases concerned software and a board game, not the lay observer test as evolved in India.

Read the following statements and choose the correct option.

Under the Copyright Act, 1957 :

Statement I : In the case of a posthumous literary work, copyright subsists for sixty years from the beginning of the calendar year next following the year in which the work is first published.
Statement II : For such works, publication refers to making the work available to the public by issue of copies or by communication to the public.

A.Both Statements I and II are false
B.Only Statement II is true
C.Both Statements I and II are true
D.Only Statement I is true

Exam Year(s)

AIBE - 2026,

Answer: C

Both Statements I and II are true.

Section 24 of the Copyright Act, 1957 provides that in a literary, dramatic or musical work published after the author's death, copyright subsists for sixty years from the beginning of the calendar year next following the year in which the work is first published. That is Statement I.

Section 3 explains 'publication' as making a work available to the public by issue of copies or by communicating the work to the public, which is Statement II. The two statements describe different parts of the same scheme, so options treating either as false are wrong.

Discuss in Forum

Which of the following doctrine stipulates that a person is entitled to sell his copy of a copyrighted work to anyone without being required to observe any conditions attached by the copyright owner to such sale.

A.Doctrine of Election
B.Doctrine of Prima facie sale
C.Doctrine of first sale
D.Doctrine of original sale

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: C

The doctrine is the doctrine of first sale.

Under the first sale doctrine, also called exhaustion of rights, once the copyright owner has sold or authorised the sale of a particular copy, its right to control the distribution of that copy is exhausted. The buyer may resell, lend or give away that copy without the owner's permission and without being bound by conditions on resale.

The doctrine of election is an equity rule about choosing between inconsistent rights, and 'prima facie sale' and 'original sale' are not recognised doctrines.

Discuss in Forum

Which of the following rights always rests in the author and can't be transfer by assignment licence or sale ?

A.Commercial Right of Licence
B.Performers Right of Performer
C.Moral Rights of an author
D.Right to edit and translate

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: C

The right that always rests in the author is the moral rights of an author.

Moral rights, the right to claim authorship (paternity) and the right to object to distortion or mutilation of the work (integrity), are personal to the author. In India, Section 57 of the Copyright Act, 1957 gives these rights independently of the author's copyright, and they remain with the author even after the copyright has been assigned.

Economic rights such as licensing, performing, editing and translating can be assigned or licensed under Sections 18 and 30 of the Act.

Discuss in Forum

Which one of the following is not an exception given under S/52 of the Copyright Act, 1957 which allows the use of copyrighted material as "fair deal" ?

A.The commercial use of copy righted material
B.The academic use of copy righted material
C.The use of copyrighted material for research purpose
D.The use of copyrighted material for private use

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: A

The use that is not a fair dealing exception is the commercial use of copyrighted material.

Section 52 of the Copyright Act, 1957 lists acts that do not infringe copyright, including fair dealing for private or personal use including research, for criticism or review, and for reporting current events, as well as reproduction in the course of instruction. These exceptions serve learning, research and free expression.

Commercial exploitation of another's work is the very right copyright reserves to the owner, so it cannot be fair dealing; academic, research and private use are covered.

Discuss in Forum

The "Lay Observer Test" has been evolved in which of the following case pertaining to the Copyright Act ?

A.Apple Computer Inc Vs. Microsoft Corporation and Hewlett-Packard Co. 35 F3d 1435
B.R.G. Anand Vs. Delux Films AIR 1978 SC 1613
C.Mattel Inc and Ors Vs. Jayant Agarwalla and Ors 2008(153) DLT Sus
D.Eastern Book Company and Ors Vs. D.B. Modak and Anr (2008) 1 SCC 1

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: B

The test was evolved in R.G. Anand Vs. Delux Films, AIR 1978 SC 1613.

In R.G. Anand v. Delux Films (1978), the playwright of 'Hum Hindustani' alleged that the film 'New Delhi' copied his play. The Supreme Court held that there is no copyright in an idea, only in its expression, and laid down the test: if a spectator or viewer, after seeing both works, gets an unmistakable impression that one is a copy of the other, infringement is made out. This is the lay observer test.

Eastern Book Company v. D.B. Modak (2008) adopted the 'modicum of creativity' standard for originality. The Apple and Mattel cases concerned software and a board game, not the lay observer test as evolved in India.

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