Section ⅡReading Comprehension
Part A
Directions:
Read the following four texts. Answer the questions below each text by choosing A，B，C or D. Mark your answers on ANSWER SHEET 1. (40 points)
Text1
Recently, the right of public personalities to direct and profit from all commercial exploitations of their fame has gained widespread acceptance. Recognition of this “right of publicity,” however, has raised difficult questions concerning the proper scope and duration of the right as well as its relationship to free speech and free trade interests. Often, the “type” of personality, be it an entertainer, politician, or athlete, also weighs on this decision-making process.
The right of publicity protects economic interests of celebrities in their own fame by allowing them to control and profit from the publicity values which they have created. Before courts recognized this right, celebrities’ primary protection against the unauthorized commercial appropriation of their names or likenesses was a suit for invasion of privacy. Privacy law, however, proved to be an inadequate response to the legal questions presented by celebrities seeking to protect their economic interest in fame. Whereas privacy law protects a person’s right to be left alone, publicity law proceeds from adverse assumptions. Celebrities do not object to public attention—they thrive on it. However, they seek to benefit from any commercial use of their popularity.
A celebrity’s public image has many aspects, each of which may be appropriated for a variety of purposes. Plaintiffs(persons bringing a suit) have sought to protect various attributes including: name, likeness, a particular routine or act, characters made famous by their celebrity, unique style, and biographical information. In deciding whether the right of publicity applies to particular attribute, courts consider underlying legal and policy goals.
Two goals support recognition of the right of publicity: the promotion of creative endeavor and prevention of unjust enrichment through the theft of goodwill. Courts determine the scope of publicity rights by balancing these policies against offsetting First Amendment and free trade interests. Recognizing the celebrity’s ability to control the exercise of some personal attribute may limit the “speech” of would-be appropriators and give the celebrity a commercial monopoly. Thus, the value of promoting creativity and preventing unjust enrichment must outweigh negative constitutional and commercial repercussions(effects) before courts extend the right of publicity to any particular attribute.
The value of a publicity right in a particular attribute depends largely on the length of time such a right is recognized and protected by the law. Courts disagree on whether publicity rights survive the death of their creators. Some courts advocate unconditional devisability. They emphasize that the ability to control exploitation of fame is a property right, carrying all the characteristics of the title. Other courts conclude that the right of publicity terminates at the celebritys death. These courts fear that recognizing postmortem(after-death) publicity rights would negatively affect free speech and free trade.
The right of publicity, especially in the cases of well-known politicians and statesmen, often conflicts with First Amendment interests and thus should be defined with care and precision.
21. According to the author, privacy laws are inadequate for celebrities because
［A］ individuals lose privacy rights by becoming public figures.
［B］ stars wish to create higher value by keeping from the public.
［C］ the unauthorized use of celebrities’images is beyond remedy.
［D］ economic issues inherent in their fame are ignored by the laws.
22. The text implies that the judicial response to “right of publicity” issues has been
［A］ inconclusive. ［B］ impractical.
［C］ justifiable. ［D］ significant.
23. We learn that a feature of “devisability”(Par.5) is the ability to be
［A］ split into diverse legal entities.
［B］ assigned by the celebrity’s will.
［C］ structured in several equal shares.
［D］ traded with the owner’s permission.
24. Which of the following would most reasonably call upon the “right of publicity”?
［A］ A famous athlete plans to design and market a line of sportswear.
［B］ The work of a celebrated screen actor is re-edited after his death.
［C］ A portion of a professor’s book is cited in a student’s paper.
［D］ The image of a TV host is used in an ad campaign for a drug.
25. Which of the following statements best summarizes the chief ideas of the text?
［A］ Publicity law is an appropriate legal remedy for public figures.
［B］ Approaches to publicity law cases contradict free trade interests.
［C］ The legal issues about the right of publicity are unresolved fully.
［D］ The promotion of creative endeavor justifies the right of publicity.
Text2
Science-fiction movies can serve as myths about the future and thus give some assurance about it. Whether the film is 2001 or Star Wars，such movies tell about progress that will expand man’s powers and his experiences beyond anything now believed possible，while they assure us that all these advances will not wipe out man or life as we now know it. Thus one great anxiety about the future—that it will have no place for us as we now are—is alleviated by such myths. They also promise that even in the most distant future，and despite the progress that will have occurred in the material world，man’s basic concerns will be the same，and the struggle of good against evil—the central moral problem of our time—will not have lost its importance..
Past and future are the lasting dimensions of our lives: the present is but a brief moment. So these visions about the future also contain our past; in Star Wars，battles are fought around issues that also motivated man in the past. Thus，any vision about the future is really based on visions of the past，because that is all we can know for certain.
As our religious myths about the future never went beyond Judgment Day，so our modern myths about the future cannot go beyond the search for life’s deeper meaning. The reason is that only as long as the choice between good and evil remains man’s supreme moral problem does life retain that special dignity that derives from our ability to choose between the two. A world in which this conflict has been permanently resolved eliminates man as we know him. It might be a universe peopled by angels，but it has no place for man.
The moving picture is a visual art，based on sight. Speaking to our vision，it ought to provide us with the visions enabling us to live the good life; it ought to give us insight into ourselves. About a hundred years ago，Tolstoy wrote,“Art is a human activity having for its purpose the transmission to others of the highest and best feelings to which men have risen.” Later，Robert Frost defined poetry as “beginning in delight and ending in wisdom.” Thus it might be said that the state of the art of the moving image can be assessed by the degree to which it meets the mythopoetic task of giving us myths suitable to live by in our time—visions that transmit to us the highest and best feelings to which men have risen—and by how well the moving images give us that delight which leads to wisdom. Let us hope that the art of the moving image, this most genuine American art，will soon meet the challenge of becoming truly the great art of our age.
26. In the author’s view，science-fiction movies
［A］ assure us of the scientific miracles created.
［B］ predict likely advances in human experiences.
［C］ offer invented stories concerning man’s fate.
［D］ signify human powers to a fantastic extent.
27. In science-fiction movies,man can find
［A］ fantasies that may relieve his anxiety for future existence.
［B］ forecasts that his domination will be extended indefinitely.
［C］ promises that his swelling demands will be fully satisfied.
［D］ assurances that confirm the importance of moral principles.
28. The movies such as Star Wars
［A］ fail to reflect contemporary problems for their transience.
［B］ fail to free their subjects from issues of man’s concerns.
［C］ succeed in depicting magic scenes irrelevant to the past.
［D］ succeed in offering imaginary visions irrespective of reality.
29. The theme of modern myths could be drastically changed
［A］ only if the struggle for good life were fully discarded.
［B］ if only the conflict between good and evil had ceased.
［C］ on condition that man as he is now became extinct.
［D］ provided that average people were converted to angels.
30. The quotes from Tolstoy are used to
［A］ reinforce the author’s account about visual art.
［B］ provide fresh points about the moving picture.
［C］ define the basic characteristics of art activities.
［D］ describe the requirements for the art transmission.
Part A
Directions:
Read the following four texts. Answer the questions below each text by choosing A，B，C or D. Mark your answers on ANSWER SHEET 1. (40 points)
Text1
Recently, the right of public personalities to direct and profit from all commercial exploitations of their fame has gained widespread acceptance. Recognition of this “right of publicity,” however, has raised difficult questions concerning the proper scope and duration of the right as well as its relationship to free speech and free trade interests. Often, the “type” of personality, be it an entertainer, politician, or athlete, also weighs on this decision-making process.
The right of publicity protects economic interests of celebrities in their own fame by allowing them to control and profit from the publicity values which they have created. Before courts recognized this right, celebrities’ primary protection against the unauthorized commercial appropriation of their names or likenesses was a suit for invasion of privacy. Privacy law, however, proved to be an inadequate response to the legal questions presented by celebrities seeking to protect their economic interest in fame. Whereas privacy law protects a person’s right to be left alone, publicity law proceeds from adverse assumptions. Celebrities do not object to public attention—they thrive on it. However, they seek to benefit from any commercial use of their popularity.
A celebrity’s public image has many aspects, each of which may be appropriated for a variety of purposes. Plaintiffs(persons bringing a suit) have sought to protect various attributes including: name, likeness, a particular routine or act, characters made famous by their celebrity, unique style, and biographical information. In deciding whether the right of publicity applies to particular attribute, courts consider underlying legal and policy goals.
Two goals support recognition of the right of publicity: the promotion of creative endeavor and prevention of unjust enrichment through the theft of goodwill. Courts determine the scope of publicity rights by balancing these policies against offsetting First Amendment and free trade interests. Recognizing the celebrity’s ability to control the exercise of some personal attribute may limit the “speech” of would-be appropriators and give the celebrity a commercial monopoly. Thus, the value of promoting creativity and preventing unjust enrichment must outweigh negative constitutional and commercial repercussions(effects) before courts extend the right of publicity to any particular attribute.
The value of a publicity right in a particular attribute depends largely on the length of time such a right is recognized and protected by the law. Courts disagree on whether publicity rights survive the death of their creators. Some courts advocate unconditional devisability. They emphasize that the ability to control exploitation of fame is a property right, carrying all the characteristics of the title. Other courts conclude that the right of publicity terminates at the celebritys death. These courts fear that recognizing postmortem(after-death) publicity rights would negatively affect free speech and free trade.
The right of publicity, especially in the cases of well-known politicians and statesmen, often conflicts with First Amendment interests and thus should be defined with care and precision.
21. According to the author, privacy laws are inadequate for celebrities because
［A］ individuals lose privacy rights by becoming public figures.
［B］ stars wish to create higher value by keeping from the public.
［C］ the unauthorized use of celebrities’images is beyond remedy.
［D］ economic issues inherent in their fame are ignored by the laws.
22. The text implies that the judicial response to “right of publicity” issues has been
［A］ inconclusive. ［B］ impractical.
［C］ justifiable. ［D］ significant.
23. We learn that a feature of “devisability”(Par.5) is the ability to be
［A］ split into diverse legal entities.
［B］ assigned by the celebrity’s will.
［C］ structured in several equal shares.
［D］ traded with the owner’s permission.
24. Which of the following would most reasonably call upon the “right of publicity”?
［A］ A famous athlete plans to design and market a line of sportswear.
［B］ The work of a celebrated screen actor is re-edited after his death.
［C］ A portion of a professor’s book is cited in a student’s paper.
［D］ The image of a TV host is used in an ad campaign for a drug.
25. Which of the following statements best summarizes the chief ideas of the text?
［A］ Publicity law is an appropriate legal remedy for public figures.
［B］ Approaches to publicity law cases contradict free trade interests.
［C］ The legal issues about the right of publicity are unresolved fully.
［D］ The promotion of creative endeavor justifies the right of publicity.
Text2
Science-fiction movies can serve as myths about the future and thus give some assurance about it. Whether the film is 2001 or Star Wars，such movies tell about progress that will expand man’s powers and his experiences beyond anything now believed possible，while they assure us that all these advances will not wipe out man or life as we now know it. Thus one great anxiety about the future—that it will have no place for us as we now are—is alleviated by such myths. They also promise that even in the most distant future，and despite the progress that will have occurred in the material world，man’s basic concerns will be the same，and the struggle of good against evil—the central moral problem of our time—will not have lost its importance..
Past and future are the lasting dimensions of our lives: the present is but a brief moment. So these visions about the future also contain our past; in Star Wars，battles are fought around issues that also motivated man in the past. Thus，any vision about the future is really based on visions of the past，because that is all we can know for certain.
As our religious myths about the future never went beyond Judgment Day，so our modern myths about the future cannot go beyond the search for life’s deeper meaning. The reason is that only as long as the choice between good and evil remains man’s supreme moral problem does life retain that special dignity that derives from our ability to choose between the two. A world in which this conflict has been permanently resolved eliminates man as we know him. It might be a universe peopled by angels，but it has no place for man.
The moving picture is a visual art，based on sight. Speaking to our vision，it ought to provide us with the visions enabling us to live the good life; it ought to give us insight into ourselves. About a hundred years ago，Tolstoy wrote,“Art is a human activity having for its purpose the transmission to others of the highest and best feelings to which men have risen.” Later，Robert Frost defined poetry as “beginning in delight and ending in wisdom.” Thus it might be said that the state of the art of the moving image can be assessed by the degree to which it meets the mythopoetic task of giving us myths suitable to live by in our time—visions that transmit to us the highest and best feelings to which men have risen—and by how well the moving images give us that delight which leads to wisdom. Let us hope that the art of the moving image, this most genuine American art，will soon meet the challenge of becoming truly the great art of our age.
26. In the author’s view，science-fiction movies
［A］ assure us of the scientific miracles created.
［B］ predict likely advances in human experiences.
［C］ offer invented stories concerning man’s fate.
［D］ signify human powers to a fantastic extent.
27. In science-fiction movies,man can find
［A］ fantasies that may relieve his anxiety for future existence.
［B］ forecasts that his domination will be extended indefinitely.
［C］ promises that his swelling demands will be fully satisfied.
［D］ assurances that confirm the importance of moral principles.
28. The movies such as Star Wars
［A］ fail to reflect contemporary problems for their transience.
［B］ fail to free their subjects from issues of man’s concerns.
［C］ succeed in depicting magic scenes irrelevant to the past.
［D］ succeed in offering imaginary visions irrespective of reality.
29. The theme of modern myths could be drastically changed
［A］ only if the struggle for good life were fully discarded.
［B］ if only the conflict between good and evil had ceased.
［C］ on condition that man as he is now became extinct.
［D］ provided that average people were converted to angels.
30. The quotes from Tolstoy are used to
［A］ reinforce the author’s account about visual art.
［B］ provide fresh points about the moving picture.
［C］ define the basic characteristics of art activities.
［D］ describe the requirements for the art transmission.