LSAT Purpose of Reference Questions: Copyright Law Passages
Decode Why Authors Include Examples, Analogies, and References in Complex Copyright Arguments
Understanding Purpose of Reference Questions
Purpose of Reference questions ask you to identify why the author included a specific detail, example, or reference in a copyright law passage. Unlike questions that ask "what" the passage says, these questions ask "why" the author chose to mention something. You must determine the rhetorical function of the reference within the larger argument.
Essential Distinction: Purpose of Reference questions test your understanding of argumentative structure, not just content recall. The correct answer explains how a reference serves the author's broader purpose—whether it's illustrating a principle, demonstrating a flaw, supporting a claim, or refuting a counterargument.
Common Question Stems
Recognize These Question Formats:
- "The author mentions [specific reference] primarily in order to..."
- "The author's reference to [example] (lines X-Y) serves which one of the following functions?"
- "The author refers to [detail] most likely in order to..."
- "The primary purpose of the author's discussion of [concept] is to..."
- "The author includes the example of [scenario] in order to..."
- "The function of the reference to [analogy] is to..."
Why Copyright Passages Feature Frequent References
Copyright law passages are inherently abstract, dealing with concepts like intellectual property, tangible-object theory, and retained rights. Authors use references to make these abstractions concrete:
| Type of Reference | Purpose in Copyright Passages | Example |
|---|---|---|
| Hypothetical Scenarios | Demonstrate how a theory applies (or fails) in practice | Poet and friend scenario, engineer and inventor example |
| Analogies | Clarify abstract concepts by comparison to familiar ideas | Comparing intellectual property to land ownership |
| Counterexamples | Show limitations or flaws in a theory | Live broadcasts that can't be "tangible objects" |
| Supporting Examples | Illustrate or reinforce a principle the author endorses | Examples of retained rights (copying for profit, performance rights) |
| Definitional References | Clarify technical terms or establish scope | What constitutes a "copyrightable work" |
The Purpose of Reference Analysis Framework
To answer purpose of reference questions accurately, follow this systematic approach:
The Four-Step Analysis Method
1Locate the Reference in Context
Find the specific reference mentioned in the question. Read the entire sentence containing it, plus the sentence before and after. Context is crucial—the reference's purpose often appears in surrounding sentences.
2Identify the Paragraph's Function
Determine what the paragraph is doing overall:
- Introducing a theory or concept?
- Explaining how something works?
- Critiquing or questioning a position?
- Presenting an objection or counterargument?
The reference serves this broader paragraph function.
3Determine the Reference's Relationship to the Main Argument
Ask: Does this reference:
- Support a claim the author makes?
- Illustrate an abstract principle with a concrete example?
- Undermine or challenge a theory?
- Clarify a potentially confusing concept?
- Demonstrate a consequence or implication?
4Pre-Phrase the Purpose
Before looking at answer choices, articulate in your own words: "The author mentions this reference in order to [your answer]." Then match your pre-phrased purpose to the answer choices.
Pro Strategy: Look for transitional phrases near the reference. Words like "for example," "consider," "suppose," "just as," or "similarly" signal that what follows serves an illustrative function. Phrases like "however," "but," or "yet" preceding a reference often indicate it serves a contrasting or critical function.
Worked Example 1: The Poet-Friend Scenario
Copyright Passage Excerpt
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.
However, this advantage is questionable. Consider a poet who describes an innovative poetic form to a friend. Suppose the friend immediately writes down the poet's description and copyrights it. According to the tangible-object theory, the creator of the tangible object—in this case, the written description—is not the poet but the friend. There would seem to be no ground for the poet's claiming copyright to that written description unless the poet can be said to already own the ideas expressed in the work, which is the very supposition the tangible-object theory seeks to avoid.
Purpose of Reference Question
The author mentions the poet and friend example primarily in order to:
Complete Solution Analysis
1Locate Context (Sentences Before & After)
Before: "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."
The Reference: The poet-friend scenario
After: "There would seem to be no ground for the poet's claiming copyright...unless the poet can be said to already own the ideas expressed in the work, which is the very supposition the tangible-object theory seeks to avoid."
2Identify Paragraph Function
The paragraph begins with "However, this advantage is questionable." This signals that the paragraph's function is to CRITIQUE the theory's claimed advantage. Everything that follows serves this critical purpose.
3Determine Reference's Relationship to Main Argument
The poet-friend example demonstrates a scenario where the tangible-object theory produces an unfair result: the friend (who merely wrote down the idea) gets copyright, but the poet (who created the idea) doesn't. This creates a problem because to protect the poet, we'd have to assume the poet owned the idea—which is exactly what the theory claims to avoid. The reference undermines the theory.
4Answer Choice Analysis
(A) INCORRECT: The word "typical" is problematic. The scenario is hypothetical and designed to show a problem, not a typical application. Additionally, the author doesn't present this as illustrating how the theory normally works—it shows where the theory fails.
(B) INCORRECT: This reverses the author's intent. The example shows that prioritizing creators of physical manifestations (the friend) leads to unjust results. The author is critiquing this outcome, not suggesting it should be copyright policy.
(C) CORRECT: This perfectly captures the reference's purpose. "Demonstrate a problematic consequence" matches the critical function (showing a problem). "Undermines its claimed advantage" connects to the opening sentence about the theory's "chief advantage" and the pivot word "However, this advantage is questionable."
(D) INCORRECT: Too narrow and misses the point. The friendship is incidental—the example would work equally well with "stranger" or "colleague." The issue is the separation between idea creator and object creator, not the relationship between the parties.
(E) INCORRECT: This focuses on a detail (oral vs. written) rather than the example's argumentative function. The author isn't explaining rules about oral descriptions; they're using this scenario to critique the theory.
Key Insight: The purpose is revealed by the transition "However, this advantage is questionable" followed by "Consider..." The example serves to demonstrate WHY the advantage is questionable. Always connect the reference to the claim it supports or challenges.
Worked Example 2: The Land Ownership Analogy
Copyright Passage Excerpt
According to the tangible-object theory, creating a new and original object from materials that one owns makes one the owner of that object, with all the rights that ownership entails. Just as the purchaser of land owns not just the surface but also the mineral rights below and the air rights above, so too does the creator of an original work own not just the physical object but also the rights associated with it. Among these associated rights are the rights retained by the creator even after transferring ownership of the physical object to another party.
Purpose of Reference Question
The author refers to land ownership (lines X-Y) most likely in order to:
Detailed Solution Analysis
1Identify the Structural Signal
The phrase "Just as...so too does..." is a classic analogy marker. This structure signals: "Familiar concept A is like unfamiliar concept B." The purpose is to explain B using A.
2Determine What's Being Explained
The passage explains that creators own "not just the physical object but also the rights associated with it." This concept might be confusing—what does it mean to own "rights" separate from the object? The land analogy makes it concrete: just as you own not just the surface but also mineral and air rights (which are separate from the surface), you own not just the manuscript but also the rights to reproduce it.
3Note the Attribution
The passage states "According to the tangible-object theory..." This means the land ownership analogy is explaining the theory's position, not critiquing it. The reference serves an explanatory function for proponents' views.
4Answer Evaluation
(A) INCORRECT: Too strong. The author (or theory proponents) uses land ownership as an analogy, not as a basis or foundation for intellectual property law. Analogies illustrate; they don't establish principles.
(B) CORRECT: "Clarify...by analogy to a more familiar type of property" precisely captures the function. The "Just as...so too" structure signals clarification through comparison. Land ownership is familiar; the multiple rights associated with copyright are less familiar.
(C) INCORRECT: The analogy shows a similarity for explanatory purposes, not that the theory "applies equally" to both domains. This overstates the analogy's scope.
(D) INCORRECT: The passage makes no claim about relative simplicity. This answer invents a comparison not present in the text.
(E) INCORRECT: Wrong function. The land analogy supports and explains retained rights; it doesn't challenge them. This reverses the reference's purpose.
Strategy Highlight: When you see "Just as X, so too Y," the reference to X serves to clarify or illustrate Y. The familiar concept (X) makes the unfamiliar concept (Y) more understandable. Purpose answers will include words like "clarify," "illustrate," or "explain by analogy."
Worked Example 3: Live Broadcasts Reference
Copyright Passage Excerpt
But while this account seems plausible for copyrightable entities that do, in fact, have enduring tangible forms, it cannot accommodate the standard assumption that such evanescent things as live broadcasts of sporting events can be copyrighted. For the tangible-object theory to be adequate, theorists would need to explain how an inherently fleeting phenomenon can constitute a tangible object worthy of copyright protection.
Purpose of Reference Question
The author's primary purpose in mentioning the assumption that live broadcasts of sporting events are copyrightable is to:
Comprehensive Analysis
1Examine the Contrast Structure
The sentence begins with "But while this account seems plausible for [X], it cannot accommodate [Y]." This structure presents a limitation: the theory works for X but fails for Y. The reference to live broadcasts is the example of where the theory fails.
2Identify the Critical Language
Key phrases:
- "cannot accommodate" = shows a failure or limitation
- "evanescent things" = temporary, fleeting (opposite of "tangible")
- "For the tangible-object theory to be adequate, theorists would need to explain..." = suggests the theory is currently inadequate
3Determine Function: Support or Challenge?
The reference challenges the theory by presenting something that the theory struggles to explain. If the theory is about tangible objects, but live broadcasts (which are fleeting, not tangible) can be copyrighted, the theory has a problem.
4Answer Analysis
(A) INCORRECT: This is the opposite of the author's point. The author IS using counterintuitive results as a reason to question the theory, not suggesting we should ignore such results.
(B) INCORRECT: The passage says the theory "cannot accommodate" live broadcasts, meaning it CAN'T be applied, even creatively. This contradicts the text.
(C) CORRECT: "Point out a limitation" matches "cannot accommodate." "Citing a type of copyrightable work it cannot easily explain" perfectly describes using live broadcasts (evanescent, not tangible) as an example of something problematic for a theory based on tangible objects.
(D) INCORRECT: Too extreme. The author doesn't argue that live broadcasts shouldn't be copyrightable; rather, they accept the "standard assumption" that they are copyrightable and use this fact to show the theory's limitation.
(E) INCORRECT: While the passage mentions this difference, explaining the distinction between evanescent and enduring works is not the PURPOSE of the reference. The purpose is to show a limitation in the theory.
Pattern Recognition: When a passage says a theory "cannot accommodate," "fails to explain," or "struggles with" something, and then gives an example, that example's purpose is to demonstrate the theory's limitation or weakness. Look for answer choices with words like "limitation," "challenge," "difficulty," or "problem."
Common Purpose Categories in Copyright Passages
Reference Purpose Taxonomy
| Purpose Category | Signal Phrases | Answer Choice Language |
|---|---|---|
| Illustrate/Clarify | "For example," "Just as," "Consider," "Such as" | "illustrate," "clarify," "exemplify," "make concrete" |
| Support/Reinforce | "Indeed," "Furthermore," "Additionally," "Moreover" | "support," "reinforce," "provide evidence for," "bolster" |
| Challenge/Undermine | "However," "But," "Yet," "Cannot accommodate" | "challenge," "undermine," "demonstrate a flaw," "show a limitation" |
| Contrast/Distinguish | "Unlike," "In contrast," "Whereas," "On the other hand" | "contrast with," "distinguish from," "highlight differences" |
| Concede/Acknowledge | "While," "Although," "Admittedly," "To be sure" | "acknowledge," "concede," "recognize a point," "grant" |
The Most Common Purposes in Copyright Passages
Purpose #1: Demonstrate a Problem with the Theory
The poet-friend scenario, live broadcast example, and similar references typically show where the tangible-object theory leads to counterintuitive or unfair results. Look for: "demonstrate a flaw," "show a limitation," "undermine," or "challenge."
Purpose #2: Clarify an Abstract Concept
Analogies like land ownership make abstract copyright concepts concrete. Look for: "clarify by analogy," "illustrate through comparison," or "make more understandable."
Purpose #3: Illustrate How a Theory Works
Some examples show the theory in action rather than its problems. Look for: "illustrate the application of," "demonstrate how the theory works," or "show in practice."
Purpose #4: Support a Claim
References can provide evidence for an assertion. Look for: "provide evidence for," "support the claim that," or "substantiate."
Wrong Answer Patterns in Purpose of Reference Questions
Pattern 1: Content vs. Function Confusion
The Trap: Answer describes WHAT the reference is about rather than WHY it's included
Example: Question asks about the poet-friend example. Wrong answer: "Explain the circumstances under which friends can copyright each other's work." This describes the content, not the function.
How to Avoid: Ask "Why did the author include this?" not "What is this about?" The purpose is always tied to the author's argument.
Pattern 2: Reversing Support and Challenge
The Trap: Claiming a reference supports a theory when it actually undermines it, or vice versa
Example: The poet-friend example challenges the tangible-object theory, but a wrong answer might say it "illustrates how the theory works in everyday situations."
How to Avoid: Check the surrounding language. "However," "but," "cannot accommodate" signal challenge. "For example," "just as," "indeed" signal support.
Pattern 3: Too Narrow (Focuses on a Detail)
The Trap: Answer focuses on an incidental detail rather than the broader purpose
Example: For the poet-friend example: "Show that oral descriptions cannot be copyrighted." This focuses on oral vs. written, missing the broader point about theory's failure.
How to Avoid: The purpose connects to the author's main argument, not peripheral details. Ask: "How does this reference serve the paragraph's function?"
Pattern 4: Too Strong (Overstates the Claim)
The Trap: Answer makes a stronger claim than the reference supports
Example: Land analogy answer: "Prove that intellectual property law should be based on real property law." The analogy illustrates; it doesn't "prove" or establish foundations.
How to Avoid: Match the strength of language. Analogies "illustrate" or "clarify"; they don't "prove" or "establish." Examples "demonstrate" or "show"; they don't "definitively prove."
Pattern 5: Author vs. Theorist Confusion
The Trap: Attributing a reference's purpose to the wrong party
Example: If the passage says "According to proponents, land ownership is analogous..." and asks about this reference, wrong answers might say "The author uses this analogy to support the theory" when actually proponents use it and the author merely reports this.
How to Avoid: Track attribution carefully. "According to the theory," "proponents argue," and "theorists claim" indicate others' views. The author's purpose in mentioning these views might be to explain them or to set them up for critique.
Advanced Strategies for Purpose of Reference Mastery
Strategy 1: The "Before-During-After" Method
Technique: Read the sentence before the reference, the reference itself, and the sentence after
Application:
- Before: Often states the claim the reference will support or challenge
- During: The reference itself (example, analogy, scenario)
- After: Often draws the conclusion or explains the implication
Example: Before: "This advantage is questionable." During: Poet-friend scenario. After: "There would seem to be no ground for the poet's claiming copyright..." The purpose is to demonstrate why the advantage is questionable.
Strategy 2: Function Word Mapping
Technique: Create a mental map of function words and their purposes
Support Functions: "for example," "for instance," "indeed," "moreover," "furthermore"
Challenge Functions: "however," "but," "yet," "cannot accommodate," "fails to explain"
Clarification Functions: "just as," "similarly," "in other words," "that is"
Concession Functions: "while," "although," "admittedly," "granted"
When you see these words near a reference, you immediately know its likely function.
Strategy 3: The Argumentative Role Test
Technique: Ask "If I removed this reference, what would be missing from the argument?"
Application: If removing the poet-friend example leaves the argument that "the advantage is questionable" unsupported, the reference's purpose is to provide that support by demonstrating the problem.
What this reveals: Whether the reference is essential (supporting a key claim) or supplementary (adding additional detail)
Strategy 4: Pre-Phrase with Action Verbs
Technique: Pre-phrase using specific action verbs before looking at answers
Template: "The author mentions [reference] in order to [ACTION VERB] [what/that...]"
Strong action verbs:
- Demonstrate, illustrate, show, reveal, establish
- Challenge, undermine, question, refute, cast doubt on
- Clarify, explain, elucidate, make concrete
- Support, reinforce, bolster, substantiate
Strategy 5: Paragraph Function Anchoring
Technique: Always connect the reference's purpose to the paragraph's overall function
Logic: Every sentence in a paragraph serves the paragraph's purpose. The reference isn't random—it advances the paragraph's goal.
Application: If the paragraph critiques a theory, references within it likely serve that critical function. If the paragraph explains a concept, references clarify or illustrate.
Time Management for Purpose of Reference Questions
Target Time: Purpose of Reference questions should take 40-60 seconds when you've read actively. Unlike Main Point questions (which synthesize the whole passage), these questions focus on one specific reference, making them quicker to answer if you understand the passage structure.
Efficient Approach
- 0-10 seconds: Locate the reference in the passage (use line numbers if provided)
- 10-25 seconds: Read the sentence before, the reference sentence, and the sentence after
- 25-35 seconds: Pre-phrase the purpose based on context and function words
- 35-50 seconds: Evaluate answer choices against your pre-phrase
- 50-60 seconds: Confirm the correct answer by checking it against the passage
Red Flag: If you find yourself re-reading large sections of the passage, you didn't read actively enough the first time. During your initial passage reading, mark key references (poet-friend, land ownership, live broadcasts) so you can locate them quickly when questions ask about them.
Official LSAT Preparation Resources
Master Purpose of Reference questions using authentic LSAT materials from official sources:
Official LSAC Resources
LSAC Reading Comprehension Overview LawHub: Official LSAT Practice PlatformRevisionTown Practice Recommendation: After completing each copyright passage, identify every reference, example, and analogy. Ask yourself: "Why did the author include this?" Write down your answer before checking explanations. This deliberate practice builds the skill of recognizing rhetorical function, which is essential for Purpose of Reference mastery.
Frequently Asked Questions
The content (what) describes the reference itself; the purpose (why) explains its argumentative function. For example, the poet-friend scenario is ABOUT a situation where a friend writes down a poet's idea and copyrights it (content). But it's included to DEMONSTRATE a flaw in the tangible-object theory (purpose). Always ask: "How does this reference serve the author's larger argument?" The correct answer connects the reference to the passage's argumentative structure, not just its subject matter.
Focus on the PRIMARY purpose—the most important function the reference serves. A reference might incidentally do several things, but there's always one main reason the author included it. Look at the immediate context: the sentence before and after usually reveal the primary purpose. Also consider the paragraph's overall function. If the paragraph critiques a theory, the reference's primary purpose likely serves that critique, even if it also clarifies a concept along the way.
Yes, always. The question will often include line numbers or describe the reference (e.g., "the poet and friend example"). Locate it in the passage, read the surrounding context (sentence before and after), and pre-phrase the purpose before looking at answer choices. This prevents you from being swayed by plausible-sounding wrong answers that describe content rather than function. Pre-phrasing based on context is the single most effective strategy for Purpose of Reference questions.
Look at the transition words and evaluative language surrounding the reference. "However," "but," "yet," "cannot accommodate," "fails to explain," and "problematic" signal that what follows challenges or undermines. "For example," "indeed," "furthermore," and "just as" signal support or illustration. Also check who's making the argument: if the passage says "According to proponents, [reference]..." it's probably supporting the theory. If the author says "However, [reference]..." it's probably challenging the theory.
Copyright law deals with highly abstract concepts: ownership of intangible things, the difference between ideas and expressions, retained rights after physical transfer. These abstractions are difficult to grasp without concrete examples. Authors use hypothetical scenarios (poet-friend), analogies (land ownership), and specific cases (live broadcasts) to make these abstract principles tangible and to test theories against real-world applications. Each reference serves a specific rhetorical function in the argument.
"Illustrating" is typically neutral—showing how something works or making a concept concrete. "Demonstrating a problem" or "showing a flaw" is critical—revealing where something fails or produces bad results. The poet-friend scenario demonstrates a problem (the theory leads to unfair outcomes). The land ownership analogy illustrates the concept of retained rights (makes the idea understandable). Check whether the reference appears in a supportive or critical context to determine which function applies.
Yes, the underlying logic is the same—identify the rhetorical function. For a paragraph, consider: (1) What does this paragraph DO in relation to the whole passage? (2) Does it introduce, develop, critique, or conclude? (3) How does it relate to surrounding paragraphs? The same function words apply: paragraphs can support, challenge, clarify, or contrast. However, paragraph purpose questions require synthesizing the entire paragraph's function, while reference purpose questions focus on one specific element within a paragraph.
Fall back on paragraph function. Even without explicit transition words, every reference serves the paragraph's overall purpose. If the paragraph introduces a theory, references within it likely explain or illustrate that theory. If the paragraph critiques a position, references likely demonstrate problems or provide counterexamples. Also look at the sentence AFTER the reference—it often draws a conclusion that reveals the reference's purpose. For example: "There would seem to be no ground for the poet's claiming copyright..." tells you the poet-friend example demonstrates a problem.
Quick Reference Guide: Purpose of Reference Checklist
Before Answering, Verify:
- ✓ Have I located the reference and read it in full context (sentence before and after)?
- ✓ Do I understand the paragraph's overall function (introduce, explain, critique)?
- ✓ Have I identified transition words that signal the reference's relationship to the argument?
- ✓ Can I pre-phrase the purpose in my own words using an action verb?
- ✓ Do I know whether the reference supports or challenges the theory being discussed?
- ✓ Am I focusing on WHY the reference is included, not just WHAT it's about?
- ✓ Does my answer connect the reference to the author's broader argument?
If you answer "yes" to all seven, you're ready to select the correct answer with confidence.