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1. On January 15. 2022. John played on the piano and allowed his friend James to hear the music which John recently composed. With James'

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1. On January 15. 2022. John played on the piano and allowed his friend James to hear the music which John recently composed. With James' consent, their interaction was recorded in John's cetl phone video camera. James worked as a commercial music composer in an advertising agency {hereinatter referred to as "Ad Agency"). A few days after hearing John's composition. and without John's knowledge and consent. James used a part of the chorus of John's composition for an Erin soap advertisement. The part that James used was less than 10% of John's entire composition. A month later. said ad was released on the YouTube channel of the company which manufactures and sells the Erin soap [said company is hereinafter referred to as the "Company'). When John saw and heard the ad. he recognizad his musical composition. which he has yet to release to the public. He then notified James. the Ad Agency. as well as the Company of the alleged copyright Infringement and required them to late down the ad from the Company's YouTube channel, As proof of his claim. he sent them a copy of the video recording tat-ten on January 15. 2022' The Company. the Ad Agency. and James all agreed not to take down the ad. They instead argued that - First. John's song is not protected by copyright because he did not register his song with the National Library or the intellectual Property Office of the Philippines: Second. even assuming merely for the sake of argument that a pan of John's song was used in the ad. the use can be categorized as 'fair use' since only less than 10% of John's song was used: Third. the Ad Agency and the Company insisted that even assuming, merely for the sake of argument. that James committed copyright infringement. only James should be liable for it. They insisted that they should not be penalized tor the violation and that they should be allowed to continue to use and show the ad. Questions and Instructions: a. Is the rst argument raised by the Company. the Ad Agency and James correct? Why or why not? Please include in your explanation the particular provision in the Intellectual Property Code which supports your position. (5 points) b. Is their Second argument correct? Why or why not? What is "fair use"? Please explain your position fully. (5 points) c. Is the third argument correct? Does the fact that the Ad Agency and the Company did not know that James used a portion of John's song. free them from any responsibility or liability and allow them to continue to show the advertisement? Please explain your argument fully and inciude in your explanation the particular provislon in the Intellectual Property Code. (5 points] 2. Leila made a video recording of herself singing an old lullaby {with an expired copyright). and posted it on Tiktot-t. Christine made a short lm which had several scenes where a mother would play the audio part of Leila's said video recording in order to calm down the mother's baby. The short lm became very popular and gained commercial success. Leila found out about the lm and the use of the audio pan of her video recording. She claimed that Christine intringed her copyright and asked for payment of damages. Christine argued that since copyright over the song has expired, the lullaby is already in the public domain and therefore no copyright was infringed. Who is correct. Leila or Christine? Why? Please expiain your answer fully. {5 points) 3. In 2010, Renvoi Corporation ['Renvoi"]'s trademark \"Ran" was registered in the Intellectual Property Office {PO} of the Philippines. The trademark Ren was used for its hamburger sandwiches sold all over the Philippines. In 2019. Renvoi discovered that Mar Electric Incorporated (\"Mar"). 3 newly-fanned corp-oration. began selling in Mindanao. Philippines its electricians branded 'Ren." The appearances of the two \"Ran" logos. however. look very different from each other. Renvoi demanded that Mar cease and desist from using the mark \"Ron\" and insisted that the latter is guilty of trademark infringement and unfair competition. Does Renvoi have legal basis to make such a demand? Did Mar violate the trademark of Renvoi. and is Mar guilty of unfair competition? Explain your answers. (5 points}

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