Question
Dana Dane has been working as a clerk in the local Chipotle Restaurant and he is musically gifted. He spent his days preparing burritos and
Dana Dane has been working as a clerk in the local Chipotle Restaurant and he is musically gifted. He spent his days preparing burritos and placing guac on food. His talents are not being used properly and he has decided to start writing his own music on the side to develop himself. He creates bars in a rap lyric called "Fetty Wrap" and displays his lyrics on stage at a local club. His lyrics are amazing, and people start instagramming his content. They place it on their pages and distribute it all over the world. Over time, people start copying his lyrics and using his witty lyricism in rap battles to score points. Dana Dane goes and performs his music and is served with a cease and desist order to stop performing "Fetty Wrap", as another artist named Big Al uses similar lyrics and style in his performances and states that "Fetty Wrap" violates his copyright.
Please discuss the following:
1. What does a copyright protect in terms of Intellectual Property Law? How long does a copyright last and also what are the penalties for copyright infringement?
2. How does one create a copyright? What can a person do to avoid problems such as the ones described in this scenario to show that they own the copyright to their song?
3. Does recording the performances on Instagram constitute reducing the performances to a "fixed medium" and allowing copyright protection to apply?
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