Dene Amani is an editor of Its Innovation OClock!, a new science magazine that publishes articles on scientific advances. In an effort to appeal to the general public, the publication uses simple language to explain scientific concepts. In researching material for an article on the ethical dilemmas faced by pharmaceutical companies, Dene discovers an interesting thangka painting of the goddess, Benzaiten, who became known (among other things) as the goddess who helps merchants conduct ethical business, painted by the Japanese artist, Mayumi Oda. Intrigued by the painting, Dene decides to copy a portion of the painting and inserts the copied material into an illustration in his article. After publishing the article, demand for the magazine increases dramatically. Interestingly, one reader comments that the illustration in Dene's recent article "looks familiar."

Although Dene's article on ethics generates additional magazine sales for Its Innovation OClock!, the article also generates two lawsuits. Mayumi Oda sues the magazine, claiming that Dene violated the copyright laws by using Mayumi's painting without paying royalties or requesting permission. Mayumi's lawsuit quickly makes the news headlines. After reading about Mayumi's lawsuit, the editor of Its Innovation! sues Its Innovation OClock! for trademark infringement. The Its Innovation! publication is a spoof magazine that relies on unscientific facts to highlight America's obsession with questionable weight loss options.

1. Did Dene violate the copyright laws? Does the fair use exception apply? Why or why not? Make sure to address each of the four provisions of the fair use exception and fully explain your conclusion.
2. Did Its Innovation OClock! violate the trademark laws, given that another magazine is called Its Innovation! Why or why not? Explain.