CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle License is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licenses. Assignment is an agreement whereby the owner of the copyright transfers all the property rights to the assignee. Property right is a bundle of rights consisting of right to possess, right to use, right to alienate and the right to exclude others. Facts An owner of copyright in a cinematographic film enters into an agreement with B, a film distributor. B agrees to distribute the film only in Mumbai. A also enters into many such agreements with other distributors for distribution of his film in other cities.

    A)  The agreement between A and B is more in the nature of assignment than in the nature of license

    B)  The agreement between A and B is more in the nature of license than in the nature of assignment

    C)  The agreement between A and B is both in the nature of assignment and license

    D)  The agreement between A and B is neither in the nature of assignment nor in the nature of license

    Correct Answer: B

    Solution :

    Ans.  According to the principle, license is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licensee. In this case, A an owner of copyright in a cinematographic film enters into an agreement with B, so it is a kind of license where an owner of the copyright agrees to grant an interest in the copyright to the licenses.


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