Reading ComprehensionDifficulty: Hard

PT130 S2 P3 Q18 Explanation

Tangible-object Theory

A free, expert breakdown of this official LSAT Reading Comprehension question.

TopicsNon-Author OpinionLaw

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Passage

Proponents of the tangible-object theory of copyright argue that copyright and similar intellectual-property rights can be explained as logical extensions of the right to own concrete, tangible objects. This view depends on the claim that every copyrightable work can be manifested in some physical form, such as a manuscript or a videotape. the object, copy it, or destroy it. One may also transfer ownership of it to another.

In creating a new and original object from materials that one owns, one becomes the owner of that object and thereby acquires all of the rights that ownership entails. But if the owner transfers ownership of the object, the full complement of rights is not necessarily transferred to the new owner; instead, for the production of similar or analogous things-for example, a public performance of a musical score.

According to proponents of the tangible-object theory, its chief advantage is that it justifies intellectual property rights without recourse to the widely accepted but problematic supposition that one can own abstract, intangible things such as ideas. But while this account seems plausible for copyrightable entities that do, in fact, have enduring tangible copyright unless the poet can be said to already own the ideas expressed in the work.

What this question is testing

Non-Author Opinion

Your task

Pin down exactly what the question asks about the passage — a detail, the author's view, the structure, or the main point — before looking at the choices.

Common trap

Answers that restate a true detail from the passage but don't answer the specific question being asked.

Winning move

Anticipate the answer in your own words from the passage, then find the choice that matches that prediction.

Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.

The question
18.

Legal theorists supporting the tangible-object theory of intellectual property are most likely to believe which one

Answer choices

  1. Out of Scope8% picked this

    A literary work cannot receive copyright protection unless it exists in an edition produced by

    An established publisher is not discussed by proponents of the tangible-object theory.

  2. Unsupported17% picked this

    Most legal systems explicitly rely on the tangible-object theory of intellectual property in order to avoid asserting that

    The passage does not indicate whether some legal systems rely on the tangible-object theory of copyright.

  3. Contradiction5% picked this

    Copyright protects the right to copy for profit, but not the right to copy

    There are no limits on one’s rights to copy intellectual property that one owns (first paragraph).

  4. Opposing Point16% picked this

    Some works deserving of copyright protection simply cannot be manifested as

    This is a point made by the author to challenge the proponents of the tangible-object theory (third paragraph).

  5. Correct54% picked this

    To afford patent protection for inventions, the law need not invoke the notion of inventors'

    Why this is right

    This is supported in the third paragraph.

    Skill tested: Non-Author Opinion · how this choice captures the passage's function is the move to repeat next time.

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