2022年考博英语-华东政法大学考前模拟强化练习题76（附答案详解）

1、2022年考博英语-华东政法大学考前模拟强化练习题（附答案详解）1. 单选题. The Copyright Act of 1976 is the governing federal copyright law in the United States. Pursuant to section 102，copyright protection subsists upon satisfaction of three conditions: first, a work must be an “original work of authorship”; second, the work must be “fixed in any tangible medium of expression”; and third, the work must come within the subject matter of copyright. Sports telecasts are original works of authorship. To be original, a work must be i

2、ndependently created (as opposed to copied from other works) and possess at least “some minimal degree of creativity”. It is obvious that live sports telecasts are independent creations, rather than reproductions of earlier works. The creativity element is just as easily satisfied. Courts long have recognized that photographing and filming involves creative endeavors. In the context of filming sports, the decisions “concerning camera angles, types of shots, the use of instant replays and split s

3、creens, and shot selection similarly supply the creativity required for the copyright ability of the telecasts”. Sports telecasts are fixed in a tangible medium of expression. Additionally, it is of no consequence that these live sports telecasts are fixed simultaneous with its transmission. Section 101 expressly provides that “a work consisting of sounds, images, or both, that are being transmitted, is fixedif a fixation of the work is being made simultaneously with its transmission”. Since the

4、 telecasts of the games are videotaped at the same time that they are disseminated, the telecasts are fixed in tangible form.Sports telecasts are within the subject matter of copyright as an “audiovisual work”. The Copyright Act notes several types of subject matter that is copyrightable, of which “audiovisual works” is one of the categories. To be satisfied as an audiovisual work, the work in question must consist of a series of related images shown by the use of machines or devices with accomp

5、anying sounds. From this definition, there is no doubt that sports telecasts are within the subject matter of copyright. Since it is clearly established that sports telecasts, even those transmitted on a live basis, are copyrighted works, the next issue is ownership of the copyright.This issue was first addressed in Pittsburgh Athletic Co. v. KQV Broadcasting Co., albeit a decision under the old copyright regime. In a suit for an injunction against KQV Broadcasting for interfering with General M

6、ills exclusive contract to broadcast Pirates games over the radio, the court ruled that the baseball team had a property right to control the news of games by broadcasting.1.Sports telecasts are original works of authorship because _.2.Sports telecasts are fixed in tangible form NOT because _.3.Which of the following is NOT correct according to the paragraphs?4.The most suitable title for these paragraphs is _.问题1选项A.they possess at least “some minimal degree of creativity”B.they are reproductio

7、ns of earlier worksC.the creativity element is easily satisfiedD.the decision of filming sports concerns many elements问题2选项A.telecasts of the games are videotaped at the same time that they are disseminatedB.It is of no consequence that live sports telecasts are fixed simultaneous with its transmissionC.Courts have recognized that photographing and filming involves creative endeavorsD.Section 101 of the Copyright Act expressly provides so问题3选项A.The Copyright Act of 1976 is the governing federal

8、copyright law in the US.B.One of the three conditions for copyright protection is fixation.C.Telecasts of the games are videotaped at the same time that they are disseminated.D.Sports telecasts, if transmitted on a live basis, are not copyrighted works.问题4选项A.Cases Involving Sports Telecasts ProtectionB.Copyright ability of Sports TelecastsC.Conditions for Copyright ProtectionD.Sports Telecasts are not Copyrightable【答案】第1题:A第2题:C第3题:D第4题:B【解析】1.推理判断题。根据题干定位到第一段Sports telecasts are original works

9、 of authorship. To be original, a work must be independently created (as opposed to copied from other works) and possess at least “some minimal degree of creativity”. It is obvious that live sports telecasts are independent creations, rather than reproductions of earlier works.（体育电视节目是原创作品。原创作品必须是独立创作的（而不是从其他作品中复制），并且至少拥有“最低程度的创造力”。很明显，体育直播节目是独立的创作，而不是对早期作品的复制）可知选A选项“他们至少拥有最低程度的创造力”，同时可知B选项“他们是早期作品的复制品”错误；第一段The creativity element is just as easily satisfied.（创造性元素同样很容易得到满足）可知C选项“创意元素很容易得到满足”有在原文提及，但并不是体育电视节目是原创作品的原因，不符合题意；D选项“拍摄体育运动的决定涉及到很多因素”不符合原文。因此A选项正确。2.事实细节题。根据题干定位到第一段Additionally, it is of no consequence that these live sports telecasts are fixed simultaneous with its transmission. Section 101 expressly provides that “a work consisting of sounds, images, or both, that are being transmitted, is fixedif a fixation of the work is being mad

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