In a recent court case, a copy-shop owner was accused of violating

Question

In a recent court case, a copy-shop owner was
accused of violating copyright law when, in the
preparation of “course packs”—materials photocopied
from books and journals and packaged as readings for
  (5)   particular university courses—he copied materials
without obtaining permission from or paying sufficient
fees to the publishers. As the owner of five small copy
shops serving several educational institutions in the
area, he argued, as have others in the photocopy
  (10)   business, that the current process for obtaining
permissions is time-consuming, cumbersome, and
expensive. He also maintained that course packs, which
are ubiquitous in higher education, allow professors to
assign important readings in books and journals too
  (15)   costly for students to be expected to purchase
individually. While the use of copyrighted material for
teaching purposes is typically protected by certain
provisions of copyright law, this case was unique in
that the copying of course packs was done by a copy
  (20)   shop and at a profit.

Copyright law outlines several factors involved in
determining whether the use of copyrighted material is
protected, including: whether it is for commercial or
nonprofit purposes; the nature of the copyrighted work;
  (25)   the length and importance of the excerpt used in
relation to the entire work; and the effect of its use on
the work’s potential market value. In bringing suit, the
publishers held that other copy-shop owners would
cease paying permission fees, causing the potential
  (30)   value of the copyrighted works of scholarship to
diminish. Nonetheless, the court decided that this
reasoning did not demonstrate that course packs would
have a sufficiently adverse effect on the current or
potential market of the copyrighted works or on the
  (35)   value of the copyrighted works themselves. The court
instead ruled that since the copies were for educational
purposes, the fact that the copy-shop owner had
profited from making the course packs did not prevent
him from receiving protection under the law.
  (40)   According to the court, the owner had not exploited
copyrighted material because his fee was not based on
the content of the works he copied; he charged by the
page, regardless of whether the content was
copyrighted.

(45)   In the court’s view, the business of producing and
selling course packs is more properly seen as the
exploitation of professional copying technologies and a
result of the inability of academic parties to reproduce
printed materials efficiently, not the exploitation of
  (50)   these copyrighted materials themselves. The court held
that copyright laws do not prohibit professors and
students, who may make copies for themselves, from
using the photoreproduction services of a third party in
order to obtain those same copies at lesser cost.    1 
 1. Which one of the following most accurately states the main point of the passage?

(A) A court recently ruled that a copy shop that makes course packs does not illegally exploit copyrighted materials but rather it legally exploits the efficiency of professional photocopying technology.
(B) A court recently ruled that course packs are protected by copyright law because their price is based solely on the number of pages in each pack.
(C) A court recently ruled that the determining factors governing the copyrights of material used in course packs are how the material is to be used, the nature of the material itself, and the length of the copied excerpts.
(D) A recent court ruling limits the rights of publishers to seek suit against copy shops that make course packs from copyrighted material.
(E) Exceptions to copyright law are made when copyrighted material is used for educational purposes and no party makes a substantial profit from the material.

2 
 2. In lines 23–27, the author lists several of the factors used to determine whether copyrighted material is protected by law primarily to

(A) demonstrate why the copy-shop owner was exempt from copyright law in this case
(B) explain the charges the publishers brought against the copy-shop owner
(C) illustrate a major flaw in the publishers’ reasoning
(D) defend the right to use copyrighted materials for educational purposes
(E) provide the legal context for the arguments presented in the case

3 
 3. The copy-shop owner as described in the passage would be most likely to agree with which one of the following statements?

(A) The potential market value of a copyrighted work should be calculated to include the impact on sales due to the use of the work in course packs.
(B) Publishers are always opposed to the preparation and sale of course packs.
(C) More copy shops would likely seek permissions from publishers if the process for obtaining permissions were not so cumbersome and expensive.
(D) Certain provisions of copyright law need to be rewritten to apply to all possible situations.
(E) Copy shops make more of a profit from the preparation and sale of course packs than from other materials.

4 
 4. The information in the passage provides the most support for which one of the following statements about copyright law?

(A) Copyright law can be one of the most complex areas of any legal system.
(B) Courts have been inconsistent in their interpretations of certain provisions of copyright law.
(C) The number of the kinds of materials granted protection under copyright law is steadily decreasing.
(D) New practices can compel the courts to refine how copyright law is applied.
(E) Copyright law is primarily concerned with making published materials available for educational use.

5 
 5. Which one of the following describes a role most similar to that of professors in the passage who use copy shops to produce course packs?

(A) An artisan generates a legible copy of an old headstone engraving by using charcoal on newsprint and frames and sells high-quality photocopies of it at a crafts market.
(B) A choir director tapes a selection of another well-known choir’s best pieces and sends it to a recording studio to be reproduced in a sellable package for use by members of her choir.
(C) A grocer makes several kinds of sandwiches that sell for less than similar sandwiches from a nearby upscale café.
(D) A professional graphic artist prints reproductions of several well-known paintings at an exhibit to sell at the museum’s gift shop.
(E) A souvenir store in the center of a city sells miniature bronze renditions of a famous bronze sculpture that the city is noted for displaying.

6 
 6. Which one of the following, if true, would have most strengthened the publishers’ position in this case?

(A) Course packs for courses that usually have large enrollments had produced a larger profit for the copy-shop owner.
(B) The copy-shop owner had actively solicited professors’ orders for course packs.
(C) The revenue generated by the copy shop’s sale of course packs had risen significantly within the past few years.
(D) Many area bookstores had reported a marked decrease in the sales of books used for producing course packs.
(E) The publishers had enlisted the support of the authors to verify their claims that the copyshop owner had not obtained permission.

Source:   LSAT Official PrepTest 41   
 Difficulty Level:   650

RC Butler 2021  -  Practice Two RC Questions Everyday.   
Passage # 293 Date: 26-Jul-2021
 This question is a part of RC Butler 2021 .  Click here for Details

Gmattired · Answer

Can someone share the OA please?

Thanks

bM22 · Answer

Hi  Gmattired ,

As mentioned below the passage, the OA's will be automatically revealed on Tuesday 27th of July 2021 09:00:05 PM Pacific Time Zone.

Thanks.

Meghnak98 · Answer

Can i please get a reasoning for Q5?

Sajjad1994 · Answer

Explanation

5. Which one of the following describes a role most similar to that of professors in the passage who use copy shops to produce course packs?

Difficulty Level:   Medium

Explanation

The professors only appear in  lines 12–15  and  lines 51–54 . In the former, we hear that they assign readings to students; in the latter, we hear that they can use a third party to reproduce such readings and sell them to students. That’s exactly what’s going on in

(B) , where the choir director stands for the professors, the recording studio for the copy shop, and the choir for the students. (And one can imagine the other choir reacting as happily as the university publishers did.)

(A), (C), (D), (E)  None of these choices involves a third party’s intervention in the reproduction and sale of an item. And the professors are not the ones selling the course packs.

Answer: B

Somya2402 · Answer

Hi, I just wanted to give my reasoning for Q1.
The OA for Q1 is A because it talks about "court ruling the case" which is mentioned in the 1st passage and then talks about "how they actually exploit the efficiency of professional photocopying technology" which is mentioned in the last passage. 
For this reason is A the answer? Correct me if I am wrong.
Also, I am not sure why D and E are wrong. Can someone help?

SofiaDahiya · Answer

Hi,

Here is my reasoning about the passage, hope it helps.

In first paragraph, author establishes the context of the entire passage. He mentions a case that a shop owner makes printed copies of published material. And then mentions the reasoning provided by shop owner in support of his action.

In second paragraph, author mentions the publisher's point of view about the lawsuit and court's opinion on the same. Court seems to side shop owner here.

In third paragraph, court sides shop owner by saying that this case looks like "exploitation of professional copying technologies" and not "exploitation of copyrighted material".

Hence, summarising the passage, we can say that "author talks about a case in point in which issue is not about exploitation of copyrighted material but it is about exploitation of professional copying technologies".

Choice D talks about a general scenario that "recent court ruling limits the rights of publishers". In the passage, author is talking about a specific case and telling about the decision of court. Hence it is wrong.

Choice E is also talking about a general scenario. We can't exactly say that exceptions are always made in certain scenarios. Hence it is not correct.

1. Which one of the following most accurately states the main point of the passage?

(A) A court recently ruled that a copy shop that makes course packs does not illegally exploit copyrighted materials but rather it legally exploits the efficiency of professional photocopying technology.
(B) A court recently ruled that course packs are protected by copyright law because their price is based solely on the number of pages in each pack.
(C) A court recently ruled that the determining factors governing the copyrights of material used in course packs are how the material is to be used, the nature of the material itself, and the length of the copied excerpts.
(D) A recent court ruling limits the rights of publishers to seek suit against copy shops that make course packs from copyrighted material.
(E) Exceptions to copyright law are made when copyrighted material is used for educational purposes and no party makes a substantial profit from the material.

lakashoo28 · Answer

Can I please get the explanation for Q4?

Sajjad1994 · Answer

Explanation

4. The information in the passage provides the most support for which one of the following statements about copyright law?

Difficulty Level:   650

Explanation

(A)  The implied comparison with other areas of the law, in terms of complexity or anything else, is irrelevant to this passage.

(B)  Only one court’s holding is described here, so there’s no basis for an accusation of inconsistency among judges.

(C)  The scope is solely course packs, not other types of materials. And it’s probably going too far to say that the court’s holding renders course packs “protected under copyright law” since the packs themselves aren’t copyrighted. Rather, the packs aren’t prohibited by the law.

(D) Lines 45–50  describe a  “new practice”  that made the court in question redefine one application of copyright law, so  (D)  is inferable.

(E)  It’s highly unlikely that the entire field of copyright law would have as its primary concern the educational use of printed works. In any case, its primary concern is outside the scope of this description of one court case.

Answer: D

Akarshkhan86 · Answer

Hello  Sajjad1994  can you share the OE of Question 6?
Thanks

Sajjad1994 · Answer

Explanation

6. Which one of the following, if true, would have most strengthened the publishers’ position in this case?

Difficulty Level:   650

Explanation

The publisher’s argument, in specific, was that course packs diminish the market value of the original books being excerpted. The court thought otherwise  (lines 31–35) , but if  (D)  were true and sales of the original books on campus decreased markedly, that might cause the court to change its mind.

(A)  The defendant’s profits weren’t relevant to the publishers’ argument.

(B)  Whether the professors brought their business to the shop on their own or because of the owner’s direct solicitation has nothing to do with this case.

(C)  Like  (A) , this choice hinges on the owner’s earning ability. Outside the scope.

(E)  That permissions were not obtained is a given. No contribution by the original authors would be needed.

Answer: D

ARSarkar · Answer

Sajjad1994  : Please provide the explanation for Q2. I am stuck b/w option B and E

Sajjad1994 · Answer

Explanation

2. In lines 23–27, the author lists several of the factors used to determine whether copyrighted material is protected by law primarily to

Difficulty Level:   650-700

Explanation

Never base your answer on memory. Always research the relevant text.

Lines 23–27  (the list of the four factors involved in copyright protection cases) is simply the backdrop or, as  (E)  puts it,  “context,”  for the specific lawsuit filed in this case.

(A)  The specific actions of the defendant don’t immediately relate to  lines 23–27 . In any case,  “exempt from copyright law”  seems extreme for the particular holding described here.

(B) Lines 23–27  deal with all four factors, but only the last of them was involved in this case, and it led to the case—it doesn’t  “explain the charges.”

(C)  Flaw in the publishers’ reasoning? That’s an odd way to describe the reasons for a perfectly reasonable lawsuit. (They just happened to lose, that’s all.) In any case,  lines 23–27  are broader in scope than the case itself.

(D)  This is a totally objective passage; nothing in it is designed to  “defend”  anything.

Answer: E

Hoozan · Answer

Sajjad1994  please could you post the OA for Q1

Sajjad1994 · Answer

Explanation

1. Which one of the following most accurately states the main point of the passage?

Difficulty Level:   700

Explanation

(A)  directly reflects paragraph 3’s summary of the issues that were raised in  paragraphs 2 and 3.

(B)  Too narrow. The basis of the price of the course packs  (lines 40–44)  is one of several details relating to the court’s holding. Moreover, it’s the original book sources, not the course packs themselves, which were under copyright.

(C)  Besides ignoring the specific case that the entire passage is based on,  (C)  lists the three copyright factors  (21–26)  on which the case didn’t hinge.

(D)  No publishers are enjoined from seeking future suits based on this one holding.

(E)  The court held that the copy-shop case was not an  “exploitation of . . . copyrighted materials” (49–50)  which is wholly different from calling it an  “exception to copyright law.”

Answer: A

In a recent court case, a copy-shop owner was accused of violating

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In a recent court case, a copy-shop owner was accused of violating

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