导游员违反合同擅自增加娱乐项目,旅行社应承担所增加项目的全部费用。
A. 对
B. 错
C I’ve recently turned fifty, which is young for a tree, midlife for an elephant, and ancient for a sportsman. Fifty is a nice number for the states in the US or for a national speed limit but it is not a number that I was prepared to have hung on me. Fifty is supposed to be my father’s age, but now I am stuck with this number and everything it means. A few days ago, a friend tried to cheer me up by saying, “Fifty is what forty used to be.”He had made an inspirational point: Am I over the hillPeople keep telling me that the hill has been moved, and I keep telling them that the highjump bar has dropped from the six feet I once easily cleared to the four feet that is impossible for me now. “Your are not getting older, you are getting better,” says Dr. Joyce Brothers. This, however, is the kind of doctor who inspires a second opinion. And so, as I approach the day when I can not even jump over the tennis net, I am moved to share some thoughts on aging with you. I am moved to show how aging feels to me physically and mentally. Getting older, of course, is obviously a better change than the one that brings you eulogies(颂词,悼词). In fact, a poet named Robert Browning considered it the best change of all: Grow old along with me! The best is yet to me. Whether or not Browning was right, most of my first fifty years have been golden ones, so I will settle for what is ahead being as good as what has gone by. I find myself moving toward what is ahead with a curious blend (混合) of both fighting and accepting my aging, hoping that the philosopher(哲学家) was right when he said, “Old is always fifteen years from now. ” When the author turned fifty, people around him.
A. tried to comfort him
B. got inspiration with him
C. were more friendly with him
D. found him more talkative
C I’ve recently turned fifty, which is young for a tree, midlife for an elephant, and ancient for a sportsman. Fifty is a nice number for the states in the US or for a national speed limit but it is not a number that I was prepared to have hung on me. Fifty is supposed to be my father’s age, but now I am stuck with this number and everything it means. A few days ago, a friend tried to cheer me up by saying, “Fifty is what forty used to be.”He had made an inspirational point: Am I over the hillPeople keep telling me that the hill has been moved, and I keep telling them that the highjump bar has dropped from the six feet I once easily cleared to the four feet that is impossible for me now. “Your are not getting older, you are getting better,” says Dr. Joyce Brothers. This, however, is the kind of doctor who inspires a second opinion. And so, as I approach the day when I can not even jump over the tennis net, I am moved to share some thoughts on aging with you. I am moved to show how aging feels to me physically and mentally. Getting older, of course, is obviously a better change than the one that brings you eulogies(颂词,悼词). In fact, a poet named Robert Browning considered it the best change of all: Grow old along with me! The best is yet to me. Whether or not Browning was right, most of my first fifty years have been golden ones, so I will settle for what is ahead being as good as what has gone by. I find myself moving toward what is ahead with a curious blend (混合) of both fighting and accepting my aging, hoping that the philosopher(哲学家) was right when he said, “Old is always fifteen years from now. ” The author considers his fifty years of life.
A. peaceful
B. ordinary
C. satisfactory
D. regretful
计算简答题:根据所给材料回答问题。(需计算后回答的问题须列出算式,小数保留2 位。)(本题20 分) 2005 年2 月,甲出版社通过著作权贸易,合法获得美国T. B. Fleming 所著《幼儿美术教育》一书的中文翻译权及中文版的各种媒体出版权。著作权贸易合同约定,甲出版社可以将所获得的权利自由转授他人。 2005 年4 月,甲出版社与中国公民陈国平签订图书翻译出版合同。合同约定:甲出版社委托陈国平将T. B. Fleming 所著《幼儿美术教育》译成中文,由甲出版社出版;甲出版社在图书出版后的 个月内向陈国平支付一次性稿酬,付酬标准为 元/千字;该翻译作品的著作权归甲出版社所有,陈国平享有署名权。 陈国平按合同约定的时间完成了翻译。 2006 年2 月,《幼儿美术教育》出版。该书在面封标“[美]T. B. Fleming 著”,未署译者姓 名,在前勒口和扉页上方标了“原著:T. B. Fleming 翻译:陈国平”字样,图书在版编目数据中载明“幼儿美术教育/T. B. Fleming 著;陈国平译”,版本记录中也有“T. B. Fleming 著 陈国平译”的记载。 《幼儿美术教育》一书的版式为每面排30行,每行排28 字。该书正文部分共220 面,其中有5 章的末尾留有空白,合计共85 行;还有出版前言2 面,目录2 面,末尾的空白合计12行。版本记录中载明的印数为5 200 册,字数为188千字。2006 年4 月,甲出版社向陈国平支付一次性稿酬8 214 元,并说明这是已按国家规定代扣缴个人所得税1 036元后的数额。 此前,为宣传“家庭教育译丛”,甲出版社与乙报社签订授权使用合同,约定从2006 年4 月起,乙报社在《时报》上连载《幼儿美术教育》等3 种书的内容,并按20 元/千字的标准向甲出版社支付使用费。 2006 年5 月底,陈国平向法院提起诉讼。起诉书的主要内容为:甲出版社未在《幼儿美术教育》一书的面封上为译者陈国平署名,侵犯了陈国平的署名权;甲出版社应该支付税前稿酬9 400 元(即50 ×188 =9 400 ),实际上只付9 250 元(8 214 +1 036 =9 250 ),少付150元,侵犯了陈国平的获得报酬权;乙报社未经陈国平同意,擅自登载其翻译作品且不付报酬,侵犯了陈国平的出版权和获得报酬权。 甲出版社辩称:翻译图书的面封依照出版惯例只记载原作者姓名,不记载译者的姓名,译者陈国平的姓名已经清楚地记载在《幼儿美术教育》一书的勒口、扉页、图书在版编目数据以及版本记录中,因而甲出版社的做法并无过错。至于稿酬的支付,确实存在差错,但甲 出版社实际上并未少付,而是多付了,由于这 是甲出版社经办人员计算失误所致,故不要求陈国平返还差额。 乙报社在法庭上出示了甲出版社与其签订的授权使用合同和支付使用费的财务凭证,证明自己在《时报》上连载《幼儿美术教育》等3 种书的内容,是得到甲出版社合法授权的,并且已经向甲出版社支付使用费。甲出版社也在法庭上作证说明乙报社所述属实。 甲出版社是否侵犯陈国平的署名权?为什么?