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Kelly, a renowned singer-songwriter, was on tour in Canada and listening to the radio on her tour bus. The radio station began playing a song

Kelly, a renowned singer-songwriter, was on tour in Canada and listening to the radio on her tour bus. The radio station began playing a song by Canadian artist Dawn Beaver called "Wait 4 U". As she listened, Kelly noticed that substantial portions of "Wait 4 U" were melodically and harmonically similar to her own hit song, "Stay For You". Furious, Kelly calls her lawyer to sue Dawn for infringing on her intellectual property. Assume all parties are in Ontario.

A) What type of intellectual property protection does Kelly hold in the music for "Stay For You"? Identify and define the type of intellectual property protection. (3 marks)

B) What remedies are available to Kelly in the lawsuit? (3 marks)

C) Malcom Fox is a professor of contemporary literature at UFT. He plays both "Wait 4 U" and "Stay For You" to his class in their entirety so that students can analyze and discuss the similarities and differences between the two songs. Explain what defence might be available to Malcom if he was sued by either artist for playing their song to the class without permission. (3 marks)

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