review theHenly v. DeVorecase and apply its holdings and the excerpted holding ofLenzto the current facts. You need to do a memorandum to Mr. Krichevsky explaining our best arguments, Ms. Blum's best counterarguments, and our likelihood of succeeding in a copyright infringement claim against Mr. Blum.

Learned Foot, LLP Memorandum To: Associates From: [Your ProfessorXSupervising Partner] Subject: Copyright Infringement of Poet Igor Krichevsky Ba_ckground: We represent renowned RussianAmerican poet Igor Krichevsky. Krichevsky is an awardwinning writer and a professor in the creative writing department at Los 136 Angeles University. His 2012 collection of sonnets and poems, entitled Memories of Myself, was the third bestselling collection of poetry that year. One of his most famous works from that collection is entitled \"Crisp Like Carrots." It is reproduced below: Crisp Like Carrots Age tightened the skin over their bones and made this once soft, fleshy couple crisp like carrots They sit on the swing in parallel affection and reminisce about curvier times In January of this year, poet Sophie Blum, a former student of Krichevsky's, posted the following on her poetry blog, Musings: He Likes Carrots Vanity tightened the skin In January of this year, poet Sophie Blum, a former student of Krichevsky's, posted the following on her poetry blog, Musings: He Likes Carrots Vanity tightened the skin over his bones making this once soft, agreeable giant cross like conductors I sit in my chair wanting to offer him a sandwich dreaming, wondering about cookier times In her post, Ms. Blum makes no reference to Krichevsky's work. Upon being made aware of Ms. Blum's poem, Mr. Krichevsky contacted Ms. Blum via email. The text of that message is reproduced below: Sophie, A graduate student currently in our program brought your recent blog post, entitled "He Likes Carrots," to my attention. I am not amused. I can only assume you wrote this in revenge for some perceived slight during your time at LAU. I won't pretend to remember what that could possibly be. I only write to demand that you take down your "poem\" as soon as possible. I have a team of lawyers at my disposal. I am not afraid to dispatch them. Sincerely, Igor Krichevsky 137 A day later, Ms. Blum replied to Krichevsky's email: Dear Igor, Didn't you teach us imitation is the sincerest form of flattery? Be flattered. Don't be a dick. And have a Cinnabun, for God's sake. You were nicer when you were fat. Sincerely, Sophie As soon as Mr. Krichevsky received the email above, he contacted our firm. Following our advice, he ceased all contact with Ms. Blum. Before we file a copyright infringement action against his former student, however, he wants to know the likelihood of a quick adjudication of the case. Mr. Krichevsky's employer and the Los Angeles University creative writing department head, Amy Mesle, does not want the publicity that would come with a trial between her most renowned professor and a former student. Mr. Krichevsky and Ms. Mesle would like to know the chances that this action could be adjudicated by the court as a matter of lawvia summaryjudgmentsuch that neither he nor Ms. Blum would ever have to step foot in a courtroom. Applicable Law: Mr. Krichevsky knows little about the law, but as a Don Henley fan, he is familiar with the case Henley v. Devore, 2010 US. Dist. LEXIS 67987 (CD. Cal. 2010), which happens to have been decided in our district. This was an unpublished case, and it accordingly shouldn't be cited in anything we write to the court. The case's explanations of infringement and fair use are still accurate, however, so for the time being, you can use this opinion's explanation of infringement and fair use as the primary source for your memorandum. In addition, you should also consider the following holding from the Ninth Circuit in 2015. According to the court in Lenz v. Universal Music Publ'g, lnc., 815 3.3d 1145, 115? (9th Cir. 2016), \"Copyright holders cannot shirk their duty to considerin good faith and prior to sending a takedown notificationwhether allegedly infringing material constitutes fair use, a use which the DMCA plainly contemplates as authorized by the law." No need to read the text of Lenz as of now; just make note of the holding above if you think it's relevant. Issues Presented: Last fall, during the time in which Mr. Krichevsky had Ms. Blum in class, he suffered a mild heart attack and was told by his doctors that he needed to change his lifestyle. Over the course of that year, he lost over 50 pounds. He believes that Ms. Blum's poem is a directif crudecomment on her perception of his changed demeanor, preand postweight loss. 138 Yourjob is to review the Henley case and to apply its holdings and the excerpted holding of Lenz to the current facts. Write a memorandum to Mr. Krichevsky explaining our best arguments, Ms. Blum's best counterarguments, and our likelihood of succeeding in a copyright infringement claim against Ms. Blum