Question 1:

Tim DoLittle works for the esteemed U.S. Senator Sirius as a speech writer. DoLittle is tasked with jazzing up Sirius' speeches. DoLittle and fellow speech writer, Mike DoLess, are hanging around campaign headquarters working on a speech to honor Benjamin Franklin. DoLittle throws out an impromptu joke idea - "What happened when Ben Franklin told a joke to the Liberty Bell? ... It cracked it up!" UGH, says DoLess, "give me a break. That is terrible!"

Tim DoLittle heads back to his office but he is stumped. He then thinks back to DoLess' comments that the Ben Franklin jokes need to incorporate positive aspects of the founding father. Inspired by this perspective, DoLittle writes down the following joke: "Why was Ben Franklin so healthy? ... He had a good Constitution!" DoLittle tells DoLess this joke, but DoLess is still NOT impressed. Frustrated, DoLittle crumples up the paper and throws it away in the trash.

Senator Sirius' wife, Sally Sirius, overhears the back-and-forth between DoLittle and DoLess, and she decides to steal these jokes and use them at her next lunch with the ladies. She fishes the crumpled paper with the Constitution joke written on it out of the trash.

(a) If Sally Sirius steals the Liberty Bell and Constitution jokes and tells it to her friends at lunch, has she engaged in copyright infringement? (5 points)

(b) Who owns the copyright in the Constitution joke, DoLittle, DoLess, or both? (5 points)

Question 3:

20 years later, Senator Sirius is now President of the United States and First Lady Sally Sirius is offered a multi-million book deal. DoLittle is now the esteemed editor of the Washington Post. Sally's book includes photocopies of private love letters that DoLittle wrote to her while a lowly speech writer for then-Senator Sirius during their decades-long affair from the 1970's-1985. The publisher of Sally's book, Salacious Publications Inc., knows that DoLittle has not given permission to publish these letters. The love letters are spicy, scandalous, and cause much embarrassment for DoLittle and political instability for President Sirius. DoLittle feels especially betrayed because these letters were intended to be private and have never been shared. DoLittle has obviously never registered the letters with the U.S. Copyright Office and the letters do not have any copyright notice.

(a) Does Sally need DoLittle's permission to publish the letters? (5 points)

(b) If yes, does Sally have a fair use defense for the publication of these love letters? (5 points)

(c) Assuming Sally does not have a fair use defense, can DoLittle bring a lawsuit for copyright infringement of his letters and could he obtain an injunction to enjoin the publication of this book? (10 points)

(d) What kinds of claims could DoLittle bring against Salacious Publications Inc.? (5 points)