问题 多项选择题

音乐剧作家甲乙是好友,乙曾赴新疆采录当地民间传说和民谣曲调。甲以乙采录的民谣曲调为基础,又根据采集的民间传说,写成了音乐剧《楼兰传说》。甲在编剧过程中,曾多次借用乙采录编辑而成的民谣录音磁带,后为使用方便,遂自行复制了一套。该剧完成时,正逢甲的女友丙生日,于是甲在剧本手稿封面写上“谨以此剧献给丙”。丙是丁剧团的歌剧演员,对该音乐剧大加赞赏,于是决定表演该剧。彩排过程中,丁剧团对彩排全程进行录音录像,以作为培训新人的资料使用。对于上述事实,下列说法正确的是哪些?______

A.甲复制乙采录编辑的录音带的行为侵犯了乙的著作权

B.乙对收集的民间艺术不享有著作权

C.甲“谨以此剧献给丙”的题词意味着将著作权全部转移给丙

D.丁对丙的彩排进行录音录像应当经过丙的许可

答案

参考答案:A,B,D

解析:甲未经乙许可,复制乙编辑的录音带的行为,超出了合理使用的范围,其行为侵犯了乙的许可复制权,因此A正确。但是乙对民间艺术本身不享有著作权,B正确。甲的题词只是表明该剧是为丙而作的,但是并没有转移著作权的意思表示,因此C错误。丁对丙彩排过程进行录音录像,应经过丙的许可,否则侵犯了丙对其表演的许可录音录像的权利,D正确。

单项选择题

Questions 61-70 are based on the following passage.


While some international couriers are showing signs of exhaustion, EMS (Express Mail Service), the generic name for the courier services of post offices, seems to be finding its stride. Known as Datapost in Britain, as Chronopost in France, and as A1-Barid al-Mumtaz in Saudi Arabia, EMS is now second in the international courier business (jointly with TNT Skypack). Last year it delivered 5.6 million items, weighing less than 20 kilograms each, across borders. That and its annual growth rate of around 5 percent have worried DHL, the market leader, enough for it to counter-attack in the Courts.
On October 26, a Dutch judge ruled against DHL on all three counts filed against the Dutch post office: that the three-initial name was too close to DHL’s; that the orange lines in the EMS logo were too similar to DHL’s dark red ones; and that the claim to the widest route system in the world was unfounded. DHL has threatened the Swiss post office with similar action, but it may reconsider after the Dutch ruling.
EMS has some advantages over the private couriers. One is a dense ready-made network of offices, especially in Europe, the avowed target area of the private couriers. Another advantage is a long tradition of working with customs authorities. In a business where minutes count, it pays to have good friends at customs. That advantage particularly irritates the private couriers because there is no legal way to combat such unquantifiable coziness.
The private courier services are also annoyed because in countries like Switzerland and Italy, where the post office is officially a monopoly, they pay it a fee. In Switzerland DHL says it pays more than SFr lm ($ 708,000) "to the competition" each year. In France the couriers have won a battle for exoneration.
Although governments are under little pressure to keep prices artificially low, EMS is often cheaper than the private couriers, but not always. A recent test in Britain (on a domestic route) showed Datapost about halfway between the least and the most expensive, but gave it full marks for speed and service.
Each national EMS is free to set its rates and follow its own rules on things like bulk discounts. The Universal Postal Union, based in Berne, determines how costs and revenues are split between sending and receiving countries, and standardizes procedures. More than 100 postal administrations have linked into the system—and more are coming, including Russia’s. That makes the feisty EMS particularly happy since its rivals have not been allowed to serve anywhere in Russia.

The recent test in Britain shows that ______.

A. EMS provides better services than the private couriers
B. the private couriers are as cheap as EMS
C. the private couriers are faster than EMS
D. EMS is always cheaper than the private couriers

单项选择题 A1/A2型题