Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Part 3 Intellectual Property 1. Shadrach Winstead, the author of The Preacher's SonBut the Streets Turned Me into a Gangster, led a suit in a
Part 3 Intellectual Property 1. Shadrach Winstead, the author of The Preacher's SonBut the Streets Turned Me into a Gangster, led a suit in a federal district court against Curtis Jackson, who wrote and performed the songs on the CD Before I SelfDestruct and wrote, starred in, and directed the companion film of the same name. Winstead alleged that Jackson's CD and film infringed the copyright of Winstead's book. The court dismissed the complaint. Winstead appealed. The US Court of Appeals for the Third Circuit afrmed. A comparison of Winstead's book and Jackson's CD and film did not support a claim of copyright infringement. \"A lay observer would not believe that Jackson's albumeD and lm copied protectable aspects of Winstead's book. * * * Winstead's book and Jackson's works share similar themes and setting," but \"the story of an angry and wronged protagonist who turns to a life of violence and crime has long been a part of the public domain. * * * In addition, Winstead's book and Jackson's works are different with respect to character, plot, mood, and sequence of events." Pt'ease use the instructions provided in the introductory comments to Part2 in preparing your answers to thefot'iowing questions. a) Which expressions of an original work are protected by copyright law? b) Is all copying copyright infringement? If not, what is the test for determining whether a creative work has been unlawfully copied? c) How did the court in this case determine whether the defendant\" 5 work infringed on the plaintiff's copyright? d) Is a claim of copyright infringement supported if two works' share similar themes and setting, as well as words and short phrases? Explain
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started