问题 单项选择题

张教授在完成学校课题《法学专业学生就业现状分析》过程中得到了甲、乙、丙、丁四人的帮助,该四人也主张自己是该书的作者,根据下列事实,哪个人的主张符合我国《著作权法》的规定

A.甲某曾经为张教授的调查报告收集和整理了大量的文字和数据资料,加快了张教授完成报告的速度
B.科研处乙处长作为学校的领导,曾经为张教授的报告课题积极申请经费,并邀请有关专家对课题相关问题进行讨论
C.丙某曾经作为相关专家参加对张教授课题的讨论,其有益的意见也为张教授所采纳
D.丁某作为张教授的学生参与了课题报告的调查研究,并撰写了其中的一部分,张教授在统稿时对其撰写部分做了较大的修改和删节

答案

参考答案:D

解析:[考点] 著作权的归属
《著作权法》第11条第1款规定,著作权属于作者,本法另有规定的除外。作者是事实上完成作品的自然人,也就是说作者必须是将自己的思想或情感表达出来并形成作品的人。《著作权法实施条例》第3条规定:“著作权法所称创作,是指直接产生文学、艺术和科学作品的智力活动。为他人创作进行组织工作,提供咨询意见、物质条件,或者进行其他辅助工作,均不视为创作。”基于以上认识,选项中所述的为作品的完成组织讨论、申报经费、搜集材料等行为都不是创作作品的行为,故该行为人不是作者。尽管丁某所撰写的部分被张教授大量修改和删节,但改变不了其参与作品创作的事实,其理应成为作者之一,因此答案是D项。

问答题
单项选择题

Leave it to writer Buchwald to bring humor to hospice. Last February, the famed satirist was diagnosed with terminal kidney failure, given three weeks to live, and transferred to a hospice for a quiet goodbye. Then the unexpected happened. His kidneys almost miraculously started working again. The poisons in his blood that were supposed to carry him out in peaceful slumber(死亡) washed out of his system, leaving instead a funny bone stunned and amused by the absurdity of the situation. It’s not every day that someone flunks hospice. Seasoned author that he is, Buchwald turned the irony into a book.

Only 10 months ago, he was a sad, 80-year-old man with a newly amputated(切除) leg and kidneys on the fritz(发生故障). Despite his family’s pleas, he entered a hospice facility, at ease with his Choice to die naturally.

Most people don’t know much about hospice, the place. It doesn’t cure; it cares, relieving physical pain and mental anguish. Most often, cancer or cardiovascular(心血管病) disease carries hospice patients to their end, usually in weeks. But some are put on hold like Buchwald. Buchwald left after five months. In one large study, 6 percent of hospice patients improved enough to be taken off the terminal list and sent home.

Buchwald was shocked when the big sleep didn’t come. Before Buchwald became the hospice’s superstar, he had been the poster boy for depression. But with the help of physicians and medication, he didn’t drown.

Laugh or cry. Facing natural death, he now offers a message many of his contemporaries need to hear. Older men, particularly those in their 80s, have the highest rate of suicide. Risk factors for them notably include health issues. In fact, suicide often comes soon after they’ve seen a doctor. On that point, Buchwald notes the medical dearth of smiles and laughter." Look at how often doctors and nurses walk into a patient’s room all serious," he says. His prescription They" need to go to Disney World to be trained."

Laughter, of course, is the best medicine, and some studies even show humor is a biological stress reliever. As Buchwald sees it, many humorists use it as therapy to block out periods of hurt or anger.

You would not know there were hurts or anger judging by his hospice time. Friends and family smothered Buchwald with love. VIPs beat a path to the hospice door. And they all came bearing food, lots of cheesecake. He thrived. After he planned his funeral, he started up writing again and found he could write wonderfully.

Buchwald is now teaching all of us how to live--and to die. Yet he’s quick to add," I have had such a good time at the hospice. I am going to miss it.\

By saying" I am going to miss it" in the last paragraph, Buchwald wants to indicate that ()

A. he got better from the illness and was taken off the terminal list there

B. he learned to be positive with the help of physicians and medication

C. he was surrounded by the love of his friends, families and VIPs

D. all through the hospice time he was full of smile and laughter