LSAT Reading Comprehension: Law Passages on Copyright
Master Copyright & Intellectual Property Passages with Expert Strategies and Worked Examples
Understanding LSAT Law Passages on Copyright
LSAT Reading Comprehension law passages frequently explore copyright and intellectual property theory, presenting complex legal arguments that test your ability to parse dense academic and legal text. Copyright passages typically discuss the tangible-object theory, intellectual property rights, and retained rights theory, requiring you to track multiple viewpoints and understand sophisticated legal reasoning.
Core Challenge: Law passages on copyright present competing theoretical frameworks and require you to distinguish between what the author argues versus what various theorists propose. You must identify assumptions, understand retained rights, and apply abstract principles to concrete examples.
Common Copyright Concepts in LSAT Passages
| Concept | Definition | LSAT Focus |
|---|---|---|
| Tangible-Object Theory | The idea that copyright applies to physical manifestations of creative works rather than abstract ideas | Understanding how this theory differs from owning ideas themselves |
| Retained Rights | Rights that creators keep even after transferring ownership of a physical object | Distinguishing between ownership transfer and rights retention |
| Intellectual Property | Intangible creations of the mind that can be legally owned | Analyzing arguments about whether abstract ideas can be owned |
| Copyright Registration | Official recognition of intention to retain certain rights to a work | Understanding the relationship between registration and ownership |
Active Reading Strategy for Copyright Passages
Copyright law passages demand a structured approach to track arguments, counterarguments, and the author's position. Follow this systematic reading strategy:
PARAGRAPH 1: Identify the theory being introduced. Look for what assumptions the theory rests upon and any definitions of key terms. Mark phrases like "theorists argue," "according to," or "the theory rests on."
PARAGRAPH 2: Track the development or application of the theory. Watch for examples, analogies (like land ownership compared to intellectual property), and retained rights discussions. Circle transition words like "among the rights" or "just like."
PARAGRAPH 3+: Identify criticisms, limitations, or competing viewpoints. The author often reveals their position through subtle language. Look for phrases like "problematic supposition," "chief advantage," or "there would seem to be no ground."
Key Marking Strategies
- Underline the main theory or thesis statement
- Circle viewpoint indicators ("theorists argue," "proponents claim," "critics contend")
- Bracket examples and analogies (these often appear in questions)
- Star the author's opinion or evaluation (often more subtle than stated viewpoints)
- Arrow connections between concepts or cause-effect relationships
Question Types for Copyright Law Passages
LSAT copyright passages generate specific question types that test your comprehension at different levels:
1. Main Point / Primary Purpose
What it asks: The overall purpose or central argument of the passage
Strategy: Focus on what the author is doing (critiquing a theory, comparing viewpoints, defending a position) rather than just topic identification. The main point often involves the author's stance on competing theories.
Example: "The primary purpose of the passage is to..."
2. Purpose of Reference
What it asks: Why the author mentions a specific example, analogy, or detail
Strategy: Look at the sentences immediately before and after the reference. The purpose usually relates to illustrating a broader principle, supporting an argument, or demonstrating a problem with a theory.
Example: "The author mentions the poet and friend example in order to..."
3. Application to New Contexts
What it asks: How principles from the passage apply to a new scenario
Strategy: Identify the relevant principle or theory first, then methodically apply it to the new situation. Consider which party would have rights under the theory discussed.
Example: "Based on the tangible-object theory described in the passage, which of the following would be true in the inventor scenario?"
4. Inference / Must Be True
What it asks: What logically follows from the passage
Strategy: The correct answer must be directly supported by the passage. Avoid answers that require outside knowledge or make leaps beyond what's stated.
Example: "The passage most strongly implies which one of the following?"
5. Author's Attitude
What it asks: How the author feels about a theory, argument, or position
Strategy: Pay attention to evaluative language: "problematic," "widely accepted," "chief advantage," "ill-advised." The author's attitude is often more subtle than other viewpoints presented.
Example: "The author's attitude toward the tangible-object theory can best be described as..."
Worked Example: Copyright Passage Analysis
Sample Passage Excerpt (Tangible-Object Theory of Copyright)
According to the tangible-object theory of copyright, a copyright does not protect a work itself but instead protects the physical objects in which the work is embodied. This theory rests on the assumption that every copyrightable work can be manifested in some physical form. Theorists argue that copyrighting a work secures official recognition of one's intention to retain certain rights to that work. Among the rights typically retained by the original producer would be the right to copy the object for profit and the right to use it as a guide for the production of similar or analogous things.
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 idea to a friend. Suppose the friend immediately writes down the poet's description and copyrights it. The creator of the tangible object in this case is not the poet but the friend, and 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.
Question 1: Main Point
Which one of the following most accurately expresses the main point of the passage?
- The tangible-object theory provides the best framework for understanding copyright law.
- Copyright law should protect ideas rather than physical manifestations of works.
- The tangible-object theory's claimed advantage is undermined by its inability to protect creators who share ideas orally.
- Poets who describe innovative ideas should automatically receive copyright protection.
- The friend in the example has legitimate copyright claims under tangible-object theory.
Analysis:
1 Identify what the author is doing: The passage introduces the tangible-object theory, explains its claimed advantage, then presents a criticism.
2 Note evaluative language: "this advantage is questionable" signals the author's critical stance.
3 Analyze the poet example: This demonstrates a problem with the theory—it doesn't protect the actual creator of the idea.
4 Evaluate answer choices:
(A) is wrong—the author critiques the theory
(B) is too extreme—not the main point
(C) is CORRECT—captures the criticism that the theory's advantage (avoiding abstract ownership) creates a problem (doesn't protect idea creators)
(D) is too narrow and goes beyond the passage
(E) misses the critical point the author makes
Key Takeaway: Main point questions require identifying the author's purpose and stance, not just the topic. Here, the author uses the passage to critique a theory's supposed advantage.
Question 2: Purpose of Reference
The author mentions the poet and friend example primarily in order to:
- Illustrate how copyright law protects all creators equally
- Demonstrate a problematic consequence of the tangible-object theory
- Support the idea that physical objects deserve more protection than ideas
- Show that verbal descriptions cannot be copyrighted
- Prove that friends should not copyright each other's ideas
Analysis:
1 Locate the reference context: The example appears after "However, this advantage is questionable."
2 Identify the function: The example illustrates the problem with the tangible-object theory's approach.
3 Note the conclusion: "there would seem to be no ground for the poet's claiming copyright"—this shows an unfair result.
4 Match to answer:
(A) is opposite—shows unequal protection
(B) is CORRECT—demonstrates the problematic consequence that the true creator (poet) has no copyright claim
(C) contradicts the author's critical stance
(D) is too specific—not the main purpose
(E) is about ethics, not the legal theory's problem
Strategy Tip: For purpose of reference questions, always look at the sentence introducing the example and the conclusion drawn from it. The example serves the broader argument.
Question 3: Application to New Context
Based on the tangible-object theory as described in the passage, which of the following would be most problematic?
- An inventor who patents a physical device they built in their workshop
- A composer who writes down their original symphony and copyrights the score
- A scientist who describes a groundbreaking theory verbally, which a colleague then publishes
- An author who self-publishes their novel in physical book form
- A photographer who copyrights physical prints of their original photographs
Analysis:
1 Recall the theory's problem: It doesn't protect creators who share ideas without creating the physical object themselves.
2 Apply the poet-friend pattern: Look for a scenario where someone creates an idea but someone else creates the tangible form.
3 Evaluate each option:
(A) Creator makes both idea and object—no problem
(B) Creator makes both composition and score—no problem
(C) is CORRECT—parallels the poet example: scientist creates idea, colleague creates tangible form (publication)
(D) Creator makes both novel and physical book—no problem
(E) Creator makes both photograph concept and prints—no problem
Key Principle: The tangible-object theory creates problems when the idea creator and the object creator are different people. Always look for this split in application questions.
Common Pitfalls in Copyright Passages
Pitfall 1: Confusing Viewpoints
Problem: Attributing a theorist's view to the author or vice versa
Solution: Create a mental map: "Theorists say X. Proponents claim Y. Critics argue Z. The author thinks Q." Use margin notes to track each perspective.
Key phrases to watch: "According to," "Proponents claim," "The theory rests on" (others' views) vs. "However," "This is problematic," "Questionable" (author's view)
Pitfall 2: Over-relying on Outside Knowledge
Problem: Using real-world copyright law knowledge instead of passage information
Solution: Base every answer solely on what the passage states or necessarily implies. If you know copyright law, actively set aside that knowledge.
Remember: The LSAT tests reading comprehension, not legal expertise. The passage creates its own universe of facts.
Pitfall 3: Missing Subtle Author Critiques
Problem: Not recognizing indirect criticism through examples
Solution: When the author presents an example after discussing a theory, ask: "Does this example support or undermine the theory?" Often, the example reveals a flaw.
Signal words: "Consider," "Suppose," "However," "This advantage is questionable"
Pitfall 4: Choosing "True" Instead of "Correct"
Problem: Selecting an answer that's factually true but doesn't answer the specific question
Solution: Always return to the question stem. An answer can be true based on the passage but still wrong if it doesn't address what the question asks.
Example: If asked about the author's view, don't choose an answer stating a theorist's view, even if accurately described.
Time Management for Law Passages
Copyright and intellectual property passages are typically among the most challenging RC passages. Use this timing framework:
Optimal Timing Formula:
Total Time = 3-4 minutes reading + 4-5 minutes questions
Target: 8-9 minutes per passage set
| Time Block | Activity | Goal |
|---|---|---|
| 0:00 - 3:30 | Active reading with strategic marking | Understand structure, viewpoints, and author's stance |
| 3:30 - 4:00 | Mental summary of each paragraph | Solidify passage map before questions |
| 4:00 - 8:30 | Answer questions (6-8 questions) | ~45 seconds per question average |
| 8:30 - 9:00 | Review flagged questions if time permits | Confirm answers, make educated guesses |
Advanced Timing Tip: If a copyright passage feels exceptionally difficult, consider using the "deferral strategy"—skip it and return after completing easier passages. You must attempt all passages, but strategic ordering can improve accuracy and reduce time pressure.
Practice Resources
To master copyright law passages, practice with official LSAT materials that contain authentic law passages. Here are the official resources from LSAC:
Official LSAC Resources
LSAC Reading Comprehension Overview LSAC Suggested Approach GuideRecommended Practice Approach
- Start with untimed practice: Focus on understanding passage structure and question types without time pressure
- Review explanations thoroughly: Understand why wrong answers are incorrect, not just why the right answer is correct
- Track patterns: Note which question types you miss most frequently on law passages
- Build to timed practice: Gradually introduce time constraints as your accuracy improves
- Take full practice tests: Practice copyright passages in the context of complete RC sections
Quality Over Quantity: Thoroughly analyzing 10 copyright passages with complete understanding is more valuable than rushing through 50 passages. Focus on extracting lessons from each practice passage.
Frequently Asked Questions
Look for attributive phrases that signal others' viewpoints: "according to the theory," "proponents argue," "theorists claim," "critics contend." The author's view appears in evaluation statements: "however," "problematic," "questionable," "advantage," or is implied through the examples they choose to present. When an example follows a theory explanation, consider whether it supports or undermines that theory—this reveals the author's stance.
Copyright passages combine multiple challenges: abstract concepts (ownership of intangible things), competing theoretical frameworks, technical legal terminology, and subtle distinctions between similar ideas (like ownership vs. rights retention). They also often present three or more viewpoints that you must track simultaneously. The density of argumentation and the philosophical nature of property rights theory require careful, precise reading.
No. The LSAT tests reading comprehension, not legal knowledge. In fact, outside knowledge can be detrimental because you might import assumptions not present in the passage. Everything you need to answer the questions is contained in or directly inferable from the passage. Focus on developing active reading skills and question-answering strategies rather than studying copyright law.
For challenging law passages on copyright, aim for 3.5-4 minutes of active reading with strategic marking, then 4.5-5 minutes for questions. This roughly equal split ensures you understand the passage structure before diving into questions. Rushing the reading phase often leads to returning to the passage multiple times per question, which wastes more time overall. A thorough initial reading with clear passage mapping pays dividends when answering questions.
These hypothetical examples serve to illustrate problems with a theory. First, identify what theory the example relates to. Second, determine what the example demonstrates (usually a flaw or counterintuitive consequence). Third, note the author's conclusion from the example. For application questions, look for answer choices that parallel the structure: person A creates an idea, person B creates the physical manifestation. The theory's flaw is that it doesn't protect person A.
First, clearly identify the relevant principle or rule from the passage. Second, paraphrase it in your own words to ensure understanding. Third, systematically apply that principle to each answer choice scenario. Don't rush—work methodically through the logic. These questions often hinge on subtle distinctions, so eliminate answers that fail any part of the principle's requirements. The correct answer will match the passage's logic exactly when the principle is properly applied.
Retained rights are specific rights that a creator keeps even after transferring ownership of a physical object. For example, if a composer sells the original handwritten score of a symphony, they typically retain the right to copy it for profit and the right to perform it publicly. This concept is central to copyright passages because it illustrates the distinction between owning a physical object and owning the rights associated with the creative work. Understanding this split is crucial for answering many questions.
For most test-takers, no. Copyright passages require understanding the overall argument structure and tracking multiple viewpoints, which is difficult to do while simultaneously trying to remember specific questions. The most effective approach is to read the passage actively with strategic marking, then address the questions with a solid understanding of the passage's structure. However, if you're an advanced test-taker who can quickly scan questions without losing focus, a brief preview might help you notice key details during reading.
Summary Roadmap
Master LSAT Copyright Passages by:
- Understanding common theories: tangible-object theory, retained rights, intellectual property ownership
- Tracking multiple viewpoints: theorists, proponents, critics, and the author's stance
- Using active reading strategies: mark viewpoints, circle transitions, bracket examples
- Recognizing question patterns: main point, purpose of reference, application, inference, attitude
- Avoiding common pitfalls: viewpoint confusion, outside knowledge, missing critiques
- Practicing with official LSAC materials exclusively
- Managing time effectively: 3.5-4 min reading, 4.5-5 min questions