You should give the query name and the infoprovider to which the query should be copied. Ofcourse, it will not give the same name but will create another one with the extension _1. In BI7.0, you can have two queries with same name but on different infoproviders.
Also if in 3.5, chekc if we can copy from the Infoset. i think no as the Infoobject references will not be same in Infoset and in ODS. In such case you should re create the query.