问题 单项选择题

张某与王某共同创作完成了电影剧本《天湖》。剧本尚未发表,王某便作为访问学者远赴美国。张某未征得王某的意见,自筹资金数百万元并担任制片人,聘请了导演、摄影、演员等有关人员组成摄制组,将该剧本摄制成电影。电影后期制作阶段,张某与万某签订合同,由后者负责创作影片的所有音乐。万某在完成创作后不久,不幸遭遇车祸身亡,继承人为其妻吴某。
请综合分析、回答本案涉及的下列法律问题:

下列关于万某去世后其音乐作品著作权归属的表述中,不正确的是( )。

A.万某仍然享有在电影作品中的署名权

B.吴某可以允许他人使用万某为电影《天湖》创作的音乐作品

C.万某对作品享有的著作权,在权利保护期内全部由吴某继承

D.吴某有权制止他人篡改万某创作的音乐作品

答案

参考答案:C

解析:[考点] 音乐作品著作权的归属 《著作权法》第15条规定:电影作品和以类似摄制电影的方法创作的作品的著作权由制片者享有,但编剧、导演、摄影、作词、作曲等作者享有署名权,并有权按照与制片者签订的合同获得报酬。电影作品和以类似摄制电影的方法创作的作品中的剧本、音乐等可以单独使用的作品的作者有权单独行使其著作权。署名权属于著作人身权,《著作权法》第20条规定:作者的署名权、修改权、保护作品完整权的保护期不受限制。因此,万某作为作曲者仍然享有在电影作品中的署名权,A项正确。《著作权法》第19条第1款规定:著作权属于公民的,公民死亡后,其本法第10条第1款第(5)项至第(17)项规定的权利在本法规定的保护期内,依照继承法的规定转移。因此,万某对作品享有的著作权,在权利保护期内全部由吴某继承,C项不正确。由于吴某继承了万某对于音乐作品的著作财产权,因此,吴某可以允许他人使用万某为电影《天湖》创作的音乐作品,B项正确。《著作权法实施条例》第15条规定:作者死亡后,其著作权中的署名权、修改权和保护作品完整权由作者的继承人或者受遗赠人保护。著作权无人继承又无人受遗赠的,其署名权、修改权和保护作品完整权由著作权行政管理部门保护。因此,吴某作为作者万某的继承人有权制止他人篡改万某创作的音乐作品,D项正确。

阅读理解

For years I wanted a garden.I’d spend hours thinking of different things I could plant that would look nice together.

But then we had Matthew, and Marvin, and the twins Alisa and Alan, and then Helen.I was too busy raising them to grow a garden.

Money was not enough.Neither was time.Often when my children were little,

one of them would want something that cost too much, and I’d have to say, “Do you see a money tree outside? Money doesn't grow on trees, you know.”

Finally, all the children got through high school and college and were off on their own.I started thinking again about a garden.

Then, one spring morning, on Mother’s Day, I was working in my kitchen.Suddenly, I looked out of the window and there was a new tree, planted right in my yard.There were things blowing around on it.       Then I put my glasses on—and I couldn’t believe what I saw.

There was a money tree in my yard!

I went outside to look.It was true! There were dollar bills(帐单), one hundred of them, hanging all over that tree.There was also a note among them, “Thank you for your time, Mom.We love you!”

Later, my children bought me tools, ornaments, a sunflower stepping stone and gardening books.A new page started in my life.

That was three years ago.My garden’s now very pretty, just like I wanted.When I go out and take care of my flowers, I don’t seem to miss my children as much as I once did.It feels like they’re right there with me.Now every year when winter comes, I look out of my window and think of the flowers I’ll see next spring in my little garden.I think about what my children did for me, and I get tears in my eyes—every time.

I’m still not sure that money grows on trees.But I know love does!

小题1:How many children did the writer have?

A.Three

B.Four

C.Five

D.Six小题2:What did the mother mean when she said “Money doesn’t grow on trees”?

A.She was too busy to plant a money tree at that time.

B.She had to save money so that she could have a garden.

C.It wasn’t easy for her to make money to raise all the children.

D.They didn’t have much money because the mother lost her job.小题3:The “money tree” appeared in the writer’s yard _________.

A.before her children were born

B.one spring morning when the children were little

C.after the children went to school

D.on a Mother’s Day after the children left her小题4:The children planted a money tree in their mother’s yard because _________.

A.their mother needed money badly

B.they wanted to show their love to their mother

C.it was time for them to give the money back to her

D.they wanted to live together with their mother forever

单项选择题