35-2. Deeds. Wiley and Gemma are neighbors. Wiley's lot is extremely large, and his present and future use of it will not involve the entire area. Gemma wants to build a single-car garage and driveway along the present lot boundary. Because the placement of her existing structures makes it impossible for her to comply with an ordinance requiring buildings to be set back fifteen feet from an adjoining property line, Gemma cannot build the garage. Gemma contracts to purchase ten feet of Wiley's property along their boundary line for $3,000. Wiley is willing to sell but will give Gemma only a quitclaim deed, whereas Gemma wants a warranty deed. Discuss the differences between these deeds as they would affect the rights of the parties if the title to this ten feet of land later proves to be defective. (See Transfer of Ownership.)

6-2. Fair Use. Professor Wise is teaching a summer seminar in business torts at State University. Several times during the course, he makes copies of relevant sections from business law texts and distributes them to his students. Wise does not realize that the daughter of one of the textbook authors is a member of his seminar. She tells her father about Wise's copying activities, which have taken place without her father's or his publisher's permission. Her father sues Wise for copyright infringement. Wise claims protection under the fair use doctrine. Who will prevail? Explain. (See Copyrights.)

6-5. Copyright Infringement. SilverEdge Systems Software hired Catherine Conrad to perform a singing telegram. SilverEdge arranged for James Bendewald to record Conrad's performance of her copyrighted song to post on the company's Web site. Conrad agreed to wear a microphone to assist in the recording, told Bendewald what to film, and asked for an additional fee only if SilverEdge used the video for a commercial purpose. Later, the company chose to post a video of a different performer's singing telegram instead. Conrad filed a suit in a federal district court against SilverEdge and Bendewald for copyright infringement. Are the defendants liable? Explain. [Conrad v. Bendewald, 2013 WL 310194 (7th Cir. 2013)] (See Copyrights.)

HasElvisbeen spotted again? Answer the questions of the problem?

ElvisPresley Enterprises, Inc. (EPE) owns all the trademarks of theElvisPresley estate. None of these marks is registered for use in the restaurant business. Barry Capece registered "The VelvetElvis" as a services mark for a restaurant and tavern in the U.S. Trademark and Patent Office. Capece opened a nightclub called "The VelvetElvis" with a menu, dcor, advertising, and promotional events that evokedElvisPresley and his music. EPE filed suit in a federal district court against Capece andthers, claiming, among other things, that "The VelvetElvis" service mark infringed on EPE's trademarks. During the trial, witnesses testified that they thought the bar was associated withElvisPresley. Should Capece be ordered to stop using "The VelvetElvis" mark? Why or why not? [ElvisPresley Enterprises, Inc. v. Capece, 141 F.3d 188 (5^thCir. 1998)]

Ownership of Personal Property. To advertise his services on the Internet, Dave creates and produces a short digital video. Venture Films, Inc., sees the video and hires Dave to program the special effects for a short sequence in a Venture Films movie. Their contract states that all rights to the sequence belong to Venture Films. What belongs to Dave: the digital video, the movie sequence, both, or neither? Explain.

Landlord-Tenant Law. Dave leases an office in Carl's Riverside Plaza office building for a two-year term. What is Dave's obligation for the rent if he moves out before the end of the term? If Dave dies during the term, who is entitled to possession of the office? What is Dave's obligation for the rent if Carl sells the building to Commercial Investments, Inc., before Dave's lease is up?

Real Property Deeds. At the end of the lease term, Dave buys the office building from Carl, who gives Dave a warranty deed. Commercial Investments later challenges Dave's ownership of the building and presents its own allegedly valid deed. What will it mean if a court rules that Dave owns the building in fee simple? If Commercial Investments is successful, can Dave recover anything from Carl? Explain.