Part 2

Case Analysis Questions: For each of the following questions provide a brief fact sheet, legal issues and analysis. (-8 points * 5 questions= 70 points)

1.Berman made a documentary on the life of musician Artie Shaw. Shaw's representative was cooperative and gave her permission to use certain songs if she received proper permission from the copyright holders. The cost of the film was funded by her own savings, a private investor, the Canada Council, the Ontario Arts Council, and deferred salaries and material costs. In March of 1987, the film won an Academy Award as the best feature documentary for 1986. In November of 1987, Shaw's lawyer contacted Berman's lawyer: "... This letter states that Artie Shaw has a 35% profit participation in the motion picture... ." If this case ends up in court what will be the most likely decision of the judge?