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Chris is the product manager in his company. The company is focused on harnessing the potentials of the Knowledge economy and therefore requires information for
- Chris is the product manager in his company. The company is focused on harnessing the potentials of the Knowledge economy and therefore requires information for registering inventions and copyright works. Chris has approached your IP firm for legal advice. John and your good-self have been assigned to provide the requisite information. John has provided the requirements for registering an invention. You have been asked to provide Chris with the requisite information for registering copyright works.
- The Victorian government has compiled and published online the contact details of all Victorian residents as well as the different global national symbols. The new age newspaper downloaded this information and has published it in a special weekend edition. The Victorian government has sued new age newspaper for infringement. New age argues no infringement on the grounds that the works were digitally captured and that they comprise mostly expressions of symbols. Advise both parties. In your answer explain what type of work(s) are involved? Support your answer with relevant authorities.
- Richard wrote and published a book in 1940. In 1970 the book became a bestseller, and was made into a film which became a blockbuster. One striking element of the film was it's sound-track, which was gotten from an old song released in 1905. Richard died in 1943 during the war. Richard's estate has approached you for advice with regards to the legal implications on the different ways Richard's book has been exploited.
- What issues can you identify?
- Offer your advice based on the issues.
- Tom and Jerry went out for a drink. While having a nice time Tom tells Jerry about this new idea he has been processing in his mind and Jerry encourages him to publish it as a book. Tom is not so confident it will be profitable. Six months later Tom walks past a book store and sees a new book written by Jerry. The book is the exact story line he narrated to Jerry when they went out for a drink 6 months ago. Tom feels cheated and has come to you for legal advice. Kindly advise him on his legal options as it relates to copyright. In providing your answers you should please address the following:
- Who is the author?
- What class of work has been produced?
- What cause of action under copyright can Tom take against Jerry? Give reasons/explanation for your answer.
- As part of government's unifying initiative, a book titled "book of life was published in 1960." Channel 24 obtained a licence for the film publication and sound recording of the book. The film was given the same title and was first broadcast on national television on the 24th of June 1999. Identify the category of works and their respective durations.
- List 8 exclusive rights of a copyright owner. Support your answers with the relevant statutory provisions.
- Mention 5 exclusive rights of the author of a photograph.
- Which of these authors/copyright owners will enjoy the same exclusive rights? Explain why. Of a book, a drama, a DVD containing songs, a drama, a film.
- Fred and Jane are in love. Fred works for Greg who is a skillful but stingy artist. Jane came to pick up Fred for lunch and saw a beautiful painting made by Greg. Fred said "isn't that work really cool" Jane said "I just love it, this would send chills down the spins of my friends on Facebook". Fred then allowed Jane to take a picture of the painting which she then posted on her Facebook page. Greg has become aware that it is his painting that is on Jane's Facebook page. He would like to know if an infringement has occurred and the nature of such infringement.
- Grandma just turned 80. Her 9 children, their spouses and 50 others made up of her 30 grandchildren and their family were all in attendance. During the celebration held in the yard of her farm house, songs were played and later in the evening they all curled together in the very large living room to view a recent movie. Two of her grandchildren are wondering if the manner of the use of the songs and film constitutes copyright infringement.
- Would your answer be different if the occasion was held in a rented hall?
- Would your answer be different if those in attendance at the farm house included neighbours and her employees making the total number about 100?
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