Intellectual Property exam questions with answers – OCR Creative iMedia R093 (J834)

20 OCR Creative iMedia R093 (J834) exam-style questions on Intellectual Property (R093 Media industry - Pre-production Planning), 47 marks in all. Answer them on paper or print them, then open the mark schemes and example answers to see how each is marked.

Name
Class
Suggested time	60 minutes

1Multiple choice1 mark

Which of these is an example of intellectual property?

[1 mark]

AFee
BLicence
CPiece of music
DWatermark

Mark scheme

Answer: (C) / Piece of music (1)

Guidance

Correct answer only

Example answers and how they were marked

Full marks1/1

Why: Correct option (1): a piece of music is a creative work and so is intellectual property.

No marks0/1

(B) Licence

Why: A licence is a permission to use material, not an example of intellectual property itself, so no mark is awarded.

No marks0/1

(D) Watermark

Why: Misconception: a watermark is a symbol placed on an image or video, not intellectual property.

2Multiple choice1 mark

Which of these is protected by copyright as soon as it is created?

[1 mark]

AA film title
BA product name
CA script
DAn idea

Mark scheme

Answer: (C) A script (1)

Guidance

Correct answer only

Example answers and how they were marked

Full marks1/1

Why: Correct option (1): a script is automatically protected by copyright when it is created.

No marks0/1

(B) A product name

Why: Near-miss: a product name is intellectual property, but it is protected by trademark, not copyright, so 'Correct answer only' gives 0.

No marks0/1

(D) An idea

Why: Misconception: ideas are not protected by copyright; only the expression of an idea, such as a script, is protected.

3Multiple choice1 mark

Which of these is used to show that a licence has not yet been paid for an image?

[1 mark]

ACopyright
BFair dealing
CPatent
DWatermark

Mark scheme

Answer: (D) Watermark (1)

Guidance

Correct answer only

Example answers and how they were marked

Full marks1/1

(D) Watermark

Why: Correct option (1): a watermark shows that a licence has not yet been paid for an image.

No marks0/1

(A) Copyright

Why: Incorrect option: copyright is a right of ownership, not a mark used to show that a licence has not been paid for.

No marks0/1

(B) Fair dealing

Why: Misconception: fair dealing is a permitted use of copyrighted material, not a mark placed on an image.

4Multiple choice1 mark

Mistral Devices develops new electronic products.

Which type of intellectual property protection can be used for a new invention or process?

[1 mark]

ACopyright
BFair dealing
CPatent
DTrademark

Mark scheme

Answer: (C) Patent (1)

Guidance

Correct answer only

Do not accept: Copyright, Fair dealing or Trademark

Example answers and how they were marked

Full marks1/1

Why: Correct option (1): a patent protects new inventions and processes.

No marks0/1

(A) Copyright

Why: Copyright protects creative works rather than inventions or processes, so no mark is awarded.

No marks0/1

(D) Trademark

Why: Misconception: a trademark protects brand names, logos and signs, not a new invention or process.

5Identify1 mark

Oaktree Cosmetics has registered the name of its new skincare range as a trademark.

Which symbol can it display next to the range name?

[1 mark]

Mark scheme

Indicative content

® / registered trademark symbol / R in a circle (1)

Guidance

Do not accept:

TM (unregistered trademark)
© (copyright symbol)

Example answers and how they were marked

Full marks1/1

Why: Gives the correct symbol for a registered trademark (1).

No marks0/1

Why: TM shows an unregistered trademark, not a registered one, so the mark scheme's Do not accept line applies.

No marks0/1

Why: © is the copyright symbol, not the trademark symbol, so no mark is awarded.

6Identify1 mark

Juniper Web Studio is designing a website for a community choir. It finds a photograph with a Creative Commons licence to use on the website.

Identify one action Juniper Web Studio must take when using the photograph.

[1 mark]

Mark scheme

One from e.g.

Indicative content

Acknowledge/credit the creator/author of the image (1)
Follow/check the terms/conditions of the Creative Commons licence (1)
Use the image only in the way the licence allows (1)
Keep a record/evidence of the licence/permission (1)
Award credit for any other appropriate response

Guidance

Accept equivalent terminology

Do not accept:

Pay a fee to use the image

Example answers and how they were marked

Full marks1/1

They must credit the photographer as the licence requires.

Why: Acknowledges/credits the creator (1).

No marks0/1

They must pay the photographer a fee.

Why: A Creative Commons image is not used by paying a fee; the mark scheme does not accept this answer.

No marks0/1

They do not need to do anything because Creative Commons images are free to use however they like.

Why: This is a misconception: Creative Commons assets are free of cost but must be used under the licence conditions, so no mark is awarded.

7Identify1 mark

Ravenhall Museum is creating an online learning resource for students. It wants to use a short extract from a copyrighted history book in the resource.

Identify one purpose for which Ravenhall Museum can use the extract under fair dealing.

[1 mark]

Mark scheme

One from e.g.

Indicative content

Research (1)
Private study (1)
Criticism/review (1)
Quotation (1)
Caricature/parody/pastiche (1)
Reporting current events/news reporting (1)
Illustration for instruction (1)
Award credit for any other appropriate response

Guidance

Accept equivalent terminology

Fair dealing purposes are limited to research and private study, criticism/review, quotation, caricature/parody/pastiche, reporting current events and illustration for instruction.

Do not accept:

Commercial use / to make the resource more interesting - TV

Example answers and how they were marked

Full marks1/1

Private study.

Why: Gives a purpose covered by fair dealing (1).

No marks0/1

To make the resource more interesting.

Why: This is a reason for using the extract, not a fair dealing purpose; the mark scheme does not accept it.

No marks0/1

Commercial use.

Why: Fair dealing does not cover commercial use; the mark scheme does not accept it.

8Complete the sentence1 mark

Complete the sentence. Write one term from the list in the space.

copyright
creative commons
fair dealing
patent
trademark

The term for the limited use of copyrighted material for criticism or review is .

[1 mark]

Mark scheme

Correct answer only

Indicative content

Fair dealing (1)

Guidance

Spelling not important

Accept: fair use

Do not accept: creative commons (it is a licence, not the exception for criticism or review)

Example answers and how they were marked

Full marks1/1

fair dealing

Why: Fair dealing (1) is the term for the limited use of copyrighted material for criticism or review.

No marks0/1

creative commons

Why: No mark: Creative Commons is a licence, not the exception for criticism or review; the mark scheme's do-not-accept line rules it out.

No marks0/1

Why: No mark: copyright is the protection of the work itself, not the exception for criticism or review; this is the common misconception reported for fair dealing questions.

9Complete the sentence1 mark

Complete the sentence. Write one word from the list in the space.

copyright
fair dealing
patent
trademark

Legislation that protects intellectual property gives a creator the automatic right to stop others copying their work. For a piece of music, this right is called .

[1 mark]

Mark scheme

Correct answer only

Indicative content

Guidance

Spelling not important

Do not accept: fair dealing, patent or trademark

Example answers and how they were marked

Full marks1/1

Why: Copyright (1) answers the question as asked: copyright is the automatic right that stops a piece of music being copied, and it is the only term in the list the sentence accepts.

No marks0/1

patent

Why: No mark: a patent protects an invention or process and has to be applied for, so it is not the automatic right that protects a piece of music.

No marks0/1

fair dealing

Why: No mark: fair dealing is not a right held by the creator to stop copying; it allows limited use of copyrighted material in certain circumstances.

10Identify2 marks

Otterburn Audio is a company that makes audio documentaries for online listeners. It wants to include a well-known song in its next episode.

Identify two things Otterburn Audio could do to use the song legally.

[2 marks]

Mark scheme

Two from e.g.

Indicative content

Get permission from the copyright owner/record company/songwriter (1)
Pay a fee/royalty for the song (1)
Buy a licence to use the song (1)
Use a royalty-free version and pay the one-off licence fee (1)
Use a version released under a Creative Commons licence and follow its conditions (1)
Award credit for any other appropriate response

Guidance

Accept equivalent terminology

The two points must be distinct; do not award a second mark for a rewording of the same action, e.g. permission/licence, or fee/royalty.

Do not accept:

Copy/download the song without permission
Change the song slightly

Example answers and how they were marked

Full marks2/2

Get permission from the copyright owner and pay a royalty.

Why: Gets permission from the copyright owner (1) and pays a royalty (1); the two points are distinct.

Some marks1/2

Buy a licence to use the song.

Why: Buys a licence to use the song (1); no second distinct action is given.

No marks0/2

Download the song from the internet and put it in the episode.

Why: Downloading the song without permission is a breach of copyright and is listed as Do not accept (0).

11Complete the sentence2 marks

Complete the sentences. Write a word from the list in each of the two spaces. You can use each word only once or not at all.

fee
licence
permission
royalty
trademark

Before it can use a song written by someone else, Sableworth Records must ask the songwriter for to use it.

Sableworth Records pays the songwriter a each time the song is played on the radio.

[2 marks]

Mark scheme

Indicative content

Space | Answer

1 | Permission (1)

2 | Royalty (1)

Guidance

Correct answers only

Spelling not important

Do not accept: licence, fee or trademark in either space

Example answers and how they were marked

Full marks2/2

permission, royalty

Why: Space 1 awards permission (1) and space 2 awards royalty (1).

Some marks1/2

permission, fee

Why: Space 1 awards permission (1); fee does not earn the second mark, as a fee is a one-off payment rather than the payment made each time the song is played.

No marks0/2

trademark, fee

Why: Neither space earns a mark: trademark is a way of protecting a name or logo, not permission to use a song, and fee is not the payment made each time a song is played.

12Complete the sentence2 marks

Complete the sentences. Write a word from the list in each of the two spaces. You can use each word only once or not at all.

copyright
registered trademark
trademark
watermark

Elmhurst Photographic puts a across each photograph on its website until the licence fee has been paid.

The symbol ™ is used to show that a name or logo is a .

[2 marks]

Mark scheme

Indicative content

Space | Answer

1 | Watermark (1)

2 | Trademark (1)

Guidance

Correct answers only

Spelling not important

Do not accept: registered trademark for space 2

Example answers and how they were marked

Full marks2/2

watermark, trademark

Why: Space 1 awards watermark (1) and space 2 awards trademark (1).

Some marks1/2

watermark, registered trademark

Why: Space 1 awards watermark (1); the second mark is not given, as the ™ symbol shows a trademark, not a registered trademark.

No marks0/2

registered trademark, copyright

Why: Neither space earns a mark: a registered trademark symbol is not an overlay placed across an image to stop it being used, and ™ does not mean copyright.

13Explain or Describe2 marks

Bramwell Podcasts is a company that makes podcasts about local history. It is producing a new series and wants to include a track by a local musician in each episode.

Explain one way Bramwell Podcasts can respect the copyright owner's rights when it uses the musician's track in its podcasts.

[2 marks]

Mark scheme

Read whole response and award

One mark for an action Bramwell Podcasts can take

AND/OR

One mark for how this respects the copyright owner's/musician's rights

Up to two marks for an explanation e.g.

Example responses

Ask the copyright owner for permission to use the track (1) so they decide whether and how it can be used (1)
Buy a licence for the track (1) which sets out how the podcast can use it (1)
Agree a royalty with the musician (1) so they are paid each time their track is used (1)
Credit/acknowledge the musician in the podcast (1) so listeners know who created the track (1)
Use a track released under a Creative Commons licence (1) and follow its terms, such as crediting the artist (1)
Award credit for any other appropriate response

Guidance

Accept equivalent wording

The second mark must be linked to the action and explain how it respects the copyright owner's rights.

Do not accept

Creative Commons as free to use in any way for the second mark (the licence terms must still be followed)
Using the track without permission or a licence, even if it is changed

Example answers and how they were marked

Full marks2/2

Buy a licence for the track which sets out how the podcast is allowed to use it.

Why: Action (1) and how it respects the copyright owner's rights (1).

Some marks1/2

Use the musician's track under a Creative Commons licence because it is free to use in any way.

Why: Action credited (1); 'free to use in any way' is not accepted for the second mark, as Creative Commons assets must be used on their licence terms (0).

No marks0/2

Change the track slightly so it sounds different, as then it is a new piece of music and they do not need permission.

Why: A misconception: changing a track does not make it the producer's own work or remove the need for permission, so no action or link is credited.

14Explain or Describe2 marks

Beckworth Interactive designs mobile apps for museums and art galleries. It has just finished a set of graphics for a new gallery guide app.

Explain when the graphics that Beckworth Interactive designs for the gallery guide app are protected by copyright.

[2 marks]

Mark scheme

Read whole response and award

One mark for when copyright protection begins

AND/OR

One mark for what this means for the graphics

Up to two marks for an explanation e.g.

Example responses

As soon as the graphics are created/recorded (1) without the need to register them (1)
Automatically when the designer produces the graphics (1) so no one else can copy them without permission (1)
As soon as the work is created (1) and Beckworth Interactive owns the copyright (1)
When the graphics are made (1) even if the app has not been published yet (1)
Award credit for any other appropriate response

Guidance

Accept equivalent wording

Do not accept

Registration, or a patent, as the point when copyright protection begins (copyright is automatic; patents do not protect graphics). A separate correct meaning point may still be credited

Example answers and how they were marked

Full marks2/2

As soon as the graphics are created without the need to register them.

Why: Timing point (1) and what this means, that no registration is needed (1).

Some marks1/2

When the designer has made the graphics.

Why: Correct timing point (1); no separate meaning point (0).

No marks0/2

When Beckworth Interactive registers the copyright.

Why: Registration is not required, so the timing is wrong and no separate meaning point is given (0).

15Explain or Describe2 marks

Rushmere Leisure runs a chain of gyms and makes exercise videos for its members' app. One of its new videos uses a popular chart song, but Rushmere Leisure has not asked for permission.

Explain one implication for Rushmere Leisure of using the song in its exercise video without permission.

[2 marks]

Mark scheme

Read whole response and award

One mark for an implication of using the song without permission

AND/OR

One mark for the effect of this on Rushmere Leisure

Up to two marks for an explanation e.g.

Indicative content

They could be sued/prosecuted
They could be fined/have to pay compensation or damages
They could be made to remove/take down the video
They could be made to stop using the song/pay a licence fee or royalty
The copyright owner could refuse permission for future use
Their reputation could be damaged
Award credit for any other appropriate response

Example responses

They could be sued (1) and have to pay compensation to the copyright owner (1)
They could be fined (1) which costs the company money (1)
They may be forced to take the video down (1) so members can no longer use it (1)
The copyright owner may refuse permission for their other videos (1) so future releases are delayed (1)
Their reputation could be damaged (1) so members cancel their subscriptions (1)
They may have to pay a licence fee/royalty (1) which adds to the cost of making the videos (1)
Award credit for any other appropriate response

Guidance

Accept equivalent terminology

Accept reference to paying a fee/royalty/licence as an effect

Do not accept

Someone else copying Rushmere Leisure's videos (the question asks about Rushmere Leisure using the song)

Example answers and how they were marked

Full marks2/2

They could be sued by the copyright owner and have to pay them compensation.

Why: Implication (1) and its effect on the company (1).

Some marks1/2

They could be sued which would be bad for the company.

Why: Implication credited (1); 'bad for the company' is too vague to earn the effect mark (0).

No marks0/2

Other gyms could copy Rushmere Leisure's videos which would lose them members.

Why: This is the reverse situation, about others copying Rushmere Leisure, so no implication of using the song is credited.

16Explain or Describe2 marks

Barrowdale Records is an independent record label that releases albums by new bands. It is about to release an album by a local band.

Explain one reason why legislation is needed to protect the intellectual property in the album.

[2 marks]

Mark scheme

Read whole response and award

One mark for a reason why intellectual property needs protection by legislation

AND/OR

One mark for the effect of this protection (what it allows or prevents)

Up to two marks for an explanation e.g.

Indicative content

To give creators control over how their work is used
To stop others copying work without permission/piracy
To allow creators to be paid a fee/royalty for use of their work
To protect ownership of ideas and creative work
To encourage investment in new media products
To allow creators to take legal action against people who use their work without permission
Award credit for any other appropriate response

Example responses

To give creators control over how their work is used (1) which means they can charge a fee when others want to use it (1)
To allow creators to be paid for their work (1) which encourages them to carry on making new material (1)
To allow creators to take legal action (1) which discourages others from copying their work (1)
To protect ownership of creative work (1) so that others cannot pass it off as their own (1)
To stop people copying work without permission (1) so that creators do not lose earnings (1)
Award credit for any other appropriate response

Guidance

Accept equivalent wording

Example answers and how they were marked

Full marks2/2

To allow creators to be paid for their work, which encourages them to carry on making new music.

Why: Reason (1) and the effect of protection (1).

Some marks1/2

So that creators can take legal action.

Why: Reason credited (1); no separate effect explaining what this allows or prevents (0).

No marks0/2

So that the record label can use any song without asking the artist.

Why: This gives the opposite of protection and is a misconception about copyright, so no mark is awarded.

17Explain two6 marks

Mickleby Museum is launching a series of online history videos for schools. The museum wants to protect the name and logo of the series.

Explain two reasons why Mickleby Museum should register the name and logo of its online history series as trademarks.

[6 marks]

Mark scheme

Indicative content

Answers may include reference to the following aspects of trademarks

A trademark identifies and protects a brand’s name, logo or slogan
gives Mickleby Museum exclusive rights to use the name and logo
stops other organisations using the same or a confusingly similar name or logo
helps schools recognise the series and its quality
Registration gives legal protection
the museum can take legal action if someone copies or uses the mark without permission
the museum can use the registered trademark symbol ®
the owner can force an infringer to stop using the mark
A trademark can be licensed or sold
the museum could charge a fee or royalty for another company to use the brand, for example on tie-in books
protects the value and reputation of the series
A trademark prevents confusion
audiences can tell the museum’s series apart from other history series

Award credit for any other appropriate response

Do not accept answers that say copyright or a patent protects the name and logo instead of a trademark

Levels

Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: Two reasons are identified – and two explanations attempted; Shows detailed knowledge and understanding of trademarks; How registering a trademark protects the name and logo is clearly explained; Consistently uses appropriate terminology.
Level 2 (3–4 marks): An adequate explanation which shows sound understanding: Two reasons are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of trademarks; How registering a trademark protects the name and logo is adequately explained; Sometimes uses appropriate terminology.
Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one reason is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of trademarks; How registering a trademark protects the name and logo is explained in a basic way; Use of appropriate terminology is limited.
0 marks: Response is not worthy of credit

Example answers and how they were marked

Full marks6/6

Registering the name and logo as trademarks would give Mickleby Museum exclusive rights to use them for its online history series. This means other organisations cannot use the same or a confusingly similar name and logo, so the museum can build a clear identity that schools recognise. Registration also gives the museum legal protection. If another producer copied the logo or used the series name without permission, the museum could take legal action because it owns the registered trademark, and it could use the ® symbol to show this. In addition, a trademark can be licensed to other companies, such as a publisher making tie-in books, so the museum could receive a fee or royalty. This protects the value of the series brand and prevents audiences from being confused about who made the videos.

Why: Identifies two reasons and explains both in detail: exclusive rights and brand recognition; legal protection and action against copying; also licensing and the ® symbol. Meets all Level 3 descriptors with consistent terminology.

Some marks4/6

A trademark would protect the name and logo so other people cannot copy them. This means Mickleby Museum can use the name on all its videos and nobody else can use it. It also helps the museum to be recognised. If someone uses the logo, the museum can tell them to stop.

Why: Identifies two reasons – protection from copying and recognition – and attempts an explanation of each. Sound but not detailed, so it meets the Level 2 descriptors at the top of the band.

Some marks1/6

One reason is that a trademark stops another museum using the same logo. This is because the © symbol means the logo is registered, so no one can make history videos.

Why: Identifies one correct reason, that a trademark stops another museum using the same logo (1), but confuses this with copyright and the © symbol and overstates what a trademark protects. No second reason, so Level 1.

18Explain two6 marks

Wexley Hotels is making a promotional video for its new spa. The video will use a popular song and stock footage downloaded from the internet.

Explain two problems that Wexley Hotels could face if it uses the song and stock footage in the promotional video without permission.

[6 marks]

Mark scheme

Indicative content

Answers may include reference to the following problems

Breach of copyright
using the song and stock footage without permission or a licence
the copyright owner has the right to control how the material is used
The video may have to be removed or stopped
Wexley Hotels may be forced to take the promotional video down
the song and footage must be removed or replaced, costing time and money
Financial penalties
the hotel may be fined
the hotel may be sued for loss of earnings or damages
the hotel may have to pay the copyright owner’s fees or legal costs
Legal action or prosecution
the hotel could be prosecuted
the copyright owner could take the hotel to court
Reputational damage
customers may think the hotel is dishonest
the spa launch could be delayed

Award credit for any other appropriate response

Do not accept that material on the internet is copyright free or that no permission is needed
Do not accept a problem that is not linked to using copyrighted material without permission

Levels

Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: Two problems are identified – and two explanations attempted; Shows detailed knowledge and understanding of using copyrighted material without permission; The problems are clearly explained; Consistently uses appropriate terminology.
Level 2 (3–4 marks): An adequate explanation which shows sound understanding: Two problems are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of using copyrighted material without permission; The problems are adequately explained; Sometimes uses appropriate terminology.
Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one problem is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of using copyrighted material without permission; The problem is explained in a basic way; Use of appropriate terminology is limited.
0 marks: Response is not worthy of credit

Example answers and how they were marked

Full marks6/6

Using the song and stock footage without permission would be a breach of copyright, because the hotel would not have a licence from the copyright owners. The owners could force Wexley Hotels to remove the song and footage, or take the promotional video down, so the hotel would have spent money on a video it cannot use. The hotel could also be sued by the music publisher or footage owner for loss of earnings, and may have to pay damages, fees or legal costs. In serious cases the hotel could be prosecuted and fined. This would delay the spa launch and could damage the hotel’s reputation, as customers may see it as dishonest.

Why: Identifies more than two problems and explains them: breach of copyright leading to removal, being sued for loss of earnings, and possible prosecution/fine. Detailed throughout, meeting all Level 3 descriptors.

Some marks4/6

If Wexley Hotels uses the song without permission it would breach copyright. The owner could make them remove the song from the video, so they would have to edit it again. The hotel might also be fined or taken to court.

Why: Identifies two problems – removal/re-editing and a fine or court action – and attempts an explanation. Sound knowledge but limited detail, so Level 2 at the top of the band.

Some marks1/6

Wexley Hotels could be fined for using the song without permission. This is because the song is on the internet, so it is copyright free and the hotel does not need a licence.

Why: Identifies one correct problem, a fine (1), but the explanation shows the misconception that internet material is copyright free and needs no licence. Level 1.

19Explain two6 marks

Gable Theatre Company is a small touring theatre company that performs plays in village halls for local families. It is making a poster to advertise its new play and has found a photograph online that has a Creative Commons licence.

Explain two benefits to Gable Theatre Company of using the Creative Commons licensed photograph on its poster.

[6 marks]

Mark scheme

Indicative content

Answers may include reference to the following benefits. Each main bullet below is one separate benefit: credit one explanation for each benefit and do not credit the same benefit twice (for example, 'no fee' and 'saves money' are the same benefit)

Lower cost
no licence fee has to be paid to use the photograph
the poster budget can be spent on other things
Permission has already been given
the creator allows the photograph to be used under the licence conditions
the theatre does not need to contact the photographer to ask for permission
following the licence conditions reduces the risk of breaching copyright
The photograph can be adapted or shared if the licence allows
the theatre could crop or edit the photograph to fit the poster design
the poster, including the photograph, can be shared online under the same licence
A wider choice of material is available
there are many Creative Commons photographs to choose from, so a suitable image can be found quickly
The licence conditions are clear and can be followed
the theatre can check whether commercial use and adaptations are allowed
the theatre must credit the creator as the licence requires

Award credit for any other appropriate response

Do not accept that Creative Commons means the photograph is copyright free, can be used in any way, or never needs attribution

Level 2 requires two benefits to be identified, with at least one of them explained; a second benefit that is only named, with no explanation, can still reach Level 2 where the first benefit is explained.

Levels

Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: Two benefits are identified – and two explanations attempted; Shows detailed knowledge and understanding of Creative Commons licences; The benefits are clearly explained; Consistently uses appropriate terminology.
Level 2 (3–4 marks): An adequate explanation which shows sound understanding: Two benefits are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of Creative Commons licences; The benefits are adequately explained; Sometimes uses appropriate terminology.
Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one benefit is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of Creative Commons licences; The benefit is explained in a basic way; Use of appropriate terminology is limited.
0 marks: Response is not worthy of credit

Example answers and how they were marked

Full marks6/6

Using a Creative Commons licence means Gable Theatre Company can use the photograph legally without negotiating separately with the photographer, because the creator has already given permission under the licence terms, and following those terms reduces the risk of breaching copyright. The photograph is also usually free of charge, so no licence fee comes out of the poster budget and the money can be spent on printing instead. If the licence allows adaptations, the company could crop the photograph or place text over it so that it fits the poster design, and it could share the finished poster online under the same licence. Before doing this, the company must check whether the licence allows commercial use and adaptations, and it must credit the photographer in the way the licence requires. Therefore the poster can be produced more cheaply and quickly while still respecting the photographer's rights.

Why: Identifies and explains several distinct benefits – legal use without separate negotiation, no fee paid, and adaptation or sharing if permitted – and explains the licence conditions. Detailed, clear and consistent, meeting Level 3.

Some marks4/6

The photograph does not cost anything to use because no licence fee has to be paid, so Gable Theatre Company can spend its budget on printing the poster. The licence has already given permission to use the photograph, which means the theatre does not have to ask the photographer first. It still has to credit the photographer, but this is easy to do.

Why: Two benefits are identified and both are explained briefly, so it meets Level 2 ('two benefits are identified – at least one explanation attempted') but the explanations are sound rather than detailed, placing it at the top of Level 2.

Some marks1/6

Gable Theatre Company can use the photograph for free because it has a Creative Commons licence. This means it is copyright free, so the theatre can use it however it wants without crediting the photographer.

Why: Gives one correct benefit, that no fee is paid (1), but shows the common misconception that Creative Commons removes copyright and all conditions, which the mark scheme does not accept. Level 1.

20Explain two6 marks

Oakridge Archive is making a documentary about a current local news story. Its researchers are reading copyrighted newspapers and books, and the documentary will include short extracts of text from them.

Explain how fair dealing could allow Oakridge Archive to use the copyrighted material for two different purposes when making the documentary.

[6 marks]

Mark scheme

Indicative content

Answers may include reference to the following permitted purposes

Research and private study
researchers can copy limited extracts of the copyrighted newspapers and books for research for a non-commercial purpose
the use must be fair and only what is needed may be copied
sufficient acknowledgement of the source should be given
Criticism, review or quotation
the documentary can include short extracts of the text to discuss, analyse, criticise or review them
only what is needed for the criticism or review may be used
sufficient acknowledgement of the author or source is required
Reporting current events
reporting current events is a separate permitted purpose from criticism or review
short extracts of the copyrighted text can be used to report the current local news story
the use must be fair and sufficient acknowledgement of the source is required
Illustration for instruction
short extracts could be used to illustrate a point in the documentary, for example when explaining the news story to the audience
the use must be fair, for teaching or instruction, and sufficiently acknowledged
Conditions for a fair dealing use (these support a use; conditions alone do not count as a separate use)
only a reasonable or short amount of the work may be used
the use must be fair and must not replace buying a licence
the author or source should be acknowledged

Award credit for any other appropriate response

Do not accept that fair dealing allows any amount of copyrighted material to be used for any purpose
Do not accept that fair dealing makes copyrighted material free
Do not accept copying whole works, or using the material for commercial advertising, as fair dealing
Do not accept a condition on its own (such as acknowledging the source) as a use of copyrighted material

Levels

Level 3 (5–6 marks): A thorough explanation which shows detailed understanding: Two permitted purposes are identified – and two explanations attempted; Shows detailed knowledge and understanding of fair dealing; How fair dealing applies is clearly explained; Consistently uses appropriate terminology.
Level 2 (3–4 marks): An adequate explanation which shows sound understanding: Two permitted purposes are identified – at least one explanation attempted; Shows sound knowledge and/or understanding of fair dealing; How fair dealing applies is adequately explained; Sometimes uses appropriate terminology.
Level 1 (1–2 marks): A brief explanation which shows limited understanding: At least one permitted purpose is identified – at least one explanation is attempted; Shows limited knowledge and/or understanding of fair dealing; How fair dealing applies is explained in a basic way; Use of appropriate terminology is limited.
0 marks: Response is not worthy of credit

Example answers and how they were marked

Full marks6/6

Fair dealing could allow Oakridge Archive’s researchers to copy limited extracts from the copyrighted newspapers and books for research for a non-commercial purpose. They can do this under the fair dealing exception rather than buying a licence, but they should use only what is needed and acknowledge the source. Fair dealing could also allow the documentary to include short extracts for criticism or review, where the archive comments on or analyses the articles on screen. The extracts must be brief and the author or publication must be acknowledged. Reporting the current local news story is a separate permitted purpose, so short quotations could be used for that too, provided the use is fair and the source is acknowledged.

Why: Identifies and explains three permitted purposes – research, criticism or review, and reporting current events – and gives the fair dealing conditions in detail, meeting Level 3.

Some marks4/6

Fair dealing lets the researchers copy some newspaper articles for research, so they do not need a licence for private study. It also lets the documentary show short extracts if it is reviewing them, as long as Oakridge Archive says where they came from.

Why: Identifies two permitted purposes, research/private study and criticism or review, and explains both adequately with a condition. Sound but not detailed, so Level 2 at the top of the band.

Some marks2/6

Oakridge Archive can use short extracts for research under fair dealing, so it does not need permission. It can also use as much of the newspapers as it wants in the documentary because fair dealing makes all copyrighted material free.

Why: Identifies research as a fair dealing purpose and attempts an explanation (2), but the second sentence is a misconception and is not credited. Level 1.

Intellectual Property Exam Questions

Revise Intellectual Property first

Keep practising Intellectual Property

More exam questions on R093 Media industry - Pre-production Planning