试题与答案

居住在A国的我国公民甲创作一部英文小说,乙经许可将该小说翻译成中文小说,丙经许可将该

题型:多项选择题

题目:

居住在A国的我国公民甲创作一部英文小说,乙经许可将该小说翻译成中文小说,丙经许可将该翻译的中文小说改编成电影文学剧本,并向丁杂志社投稿。下列咧;些说法是错误的(民法——著作权法)

A.甲的小说必须在我国或A国发表才能受我国著作权法保护

B.乙翻译的小说和丙改编的电影文学剧本均属于演绎作品

C.丙只需征得乙的同意并向其支付报酬

D.丁杂志社如要使用丙的作品还应当分别征得甲、乙的同意,但只需向丙支付报酬

答案:

参考答案:A,C,D

解析:翻泽权,即将作品从一种语言文字转换成另一种语言文字的权利;汇编权,即将作品或者作品的片段通过选择或者编排,汇集成新作品的权利;以上两种权利均由著作权人享有。所以,丙的改编行为应分别征得甲和乙的同意,故C错误。对原作品进行改编、翻译、注释、整理的行为称为演绎行为,由此形成的作品为演绎作品,故B正确。《著作权法》第2条规定,中国公民、法人或者其他组织的作品,不论是否发表,依照本法享有著作权。所以甲的小说无论发表与否均享有著作权,A错误。《著作权法》第34条规定,出版改编、翻译、注释、整理、汇编已有作品而产生的作品,应当取得改编、翻译、注释、整理、汇编作品的著作权人和原作品的著作权人许可,并支付报酬,所以D错误,丁杂志社应当分别征得甲乙丙的同意,并支付报酬。
[考点] 演绎作品的著作权

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题型:阅读理解

When many people are worried that there are no more heroes(英雄) in the modern society(当今社会) ,two university(大学) students who lost their lives to rescue(营救)drowning(溺水的)children have shown that heroes still exist(存在).

According to(根据) the Inner Mongolia Morning Post(内蒙古晨报), the tragedy(悲剧)occurred on the afternoon of December 14,2002 when three school students skating on a frozen (结冰的) lake in Qingcheng Park in Hohhot(呼和浩特)fell through the ice into the freezing water.

More than 20 university students who happen to be near the spot(地点) immediately went to the rescue of the children,

Two children were quickly rescued, but the third died. The child’s body was not found for three hours. Two of the rescuers, Liu Ye and Hao Longbiao ,also died of cold and exhaustion(筋疲力尽).

The body of Hao who took the lead( 带领)in jumping into the lake was not found until the next day.A student who was unwilling to tell his name said he and his classmates from the local college were taking photos at the lake. When they heard the children’s cries for help,, they went to the ice hole hand in hand (手拉手)to rescue the children. But the ice kept breaking, causing most of then to fall into the icy water,

Local residents(居民) held mourning ceremonies(祭奠仪式)at the lake.

Eight of the students were seriously affected by the freezing water and were being kept in hospital for further observation(进一步观察), but their lives were no longer in danger.

小题1:. The underlined word “occurred” here means

A.employed

B.mixed

C.guided

D.happened小题2:.. When the three school students fell into water, the university students were

A.skating on the ice

B.taking photos at the lake

C.having a picnic

D.walking along the lake小题3:.Which of the following is TRUE according to the passage?

A.Three students died on the same day in all.

B.Hao Longbiao’s body was found on December 14,2002.

C.The university students didn’t think it dangerous to save the drowning children in the lake.

D.Local residents were not brave in face of danger.小题4:. It can be inferred(推知) that  ______________

A.people think little of (对----评价低)the two university students’ death

B.the ice on the lake wasn’t strong enough to skate on

C.some students regrets(后悔) for what they had done

D.heroes don’t agree with(与-----一致) the steps(步调) of modern times

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