问题 单项选择题

下列情形中,构成侵犯著作权的是()。

A.某博物馆为保存版本的需要,复制本馆收藏的作品

B.某法院为办案需要,将某学者的论文复印供办案人员参考

C.某公司已知待售的油画系假冒某名画家的作品,仍予以出售

D.某研究员未经同事徐某同意,在其所著著作上将徐某署名为合作作者

答案

参考答案:C

解析:根据法律规定,图书馆、档案馆、纪念馆、博物馆、美术馆等为陈列或者保存版本的需要复制本馆收藏的作品的行为以及国家机关为执行公务而在合理范围内使用已经发表了的作品的行为属于合理使用著作权的使用方式,不构成侵犯著作权。故AB项不选。D项中的行为并未侵犯他人著作权,而C项的行为属于制作出售伪造他人署名的作品,属于侵犯他人著作权的行为。

单项选择题 案例分析题
单项选择题

Passage Three

Our culture has caused most Americans to assume not only that our language is universal but that the gestures we use are understood by everyone. We do not realize that waving good-bye is the way to summon a person from the Philippines to one’s side, or that in Italy and some Latin American countries, curling the finger to oneself is a sign of farewell.
Those private citizens who sent packages to our troops occupying Germany after World War II and marked them GIFT to escape duty payments did not bother to find out that "Gift" means poison in German. Moreover, we like to think of ourselves as friendly, yet we prefer to be at least 3 feet or an arm’s length away from others. Latins and Middle Easterners like to come closer and touch, which makes Americans uncomfortable.
Our linguistic (语言上的) and cultural blindness and the casualness with which we take notice of the developed tastes, gestures, customs and languages of other countries, are losing us friends, business and respect in the world.
Even here in the United States, we make few concessions (让步) to the needs of foreign visitors. There are no information signs in four languages on our public buildings or monuments; we do not have multilingual (多语言的) guided tours. Very few restaurant menus have translations, and multilingual waiters, bank clerks and policemen are rare. Our transportation systems have maps in English only and often we ourselves have difficulty understanding them.
When we go abroad, we tend to cluster in hotels and restaurants where English is spoken. Then attitudes and information we pick up are conditioned by those natives—usually the richer— who speak English. Our business dealings, as well as the nation’s diplomacy, are conducted through interpreters.
For many years, American dollars no longer buy all good things, and we are slowly beginning to realize that our proper role in the world is changing. A 1979 Harris poll reported that 55 percent of Americans want this country to play a more significant role in world affairs; we want to have a hand in the important decisions of the 21st century, even though it may not always be the upper hand.

According to the author, Americans’ cultural blindness and linguistic ignorance will ______.

A.affect their image in the new era

B.cut themselves off from the outside world

C.limit their role in world affairs

D.weaken the position of the U. S. dollar