CLAT CLAT Solved Paper-2013

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    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 In case where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary. Facts The Government of the State of X entered into an agreement with a retired professor of Botany. The professor agreed to write a text book on Botany. The government agreed to pay a sum of Rs 10 lakh to the professor for this work.

    A)  The Government of the State of X shall be first owner of copyright in the text book

    B)  The professor shall be first owner of copyright in the text book

    C)  Both the Government of the State of X and the professor shall be the joint owners of copyright in the text book

    D)  The professor shall be first owner of copyright in the text book only, if he refuses to accept the amount of Rs 10 Lakh from the government                        

    Correct Answer: A

    Solution :

    Ans.  According to the given principle, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary. In this case the government of state X entered into an agreement with a professor to write a book on Botany and agreed to pay him Rs 10 lakh. So, according to the principle, Government of the state of X shall be the first owner of copyright in the text book, as there is no other agreement contrary to it.


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