Question
Tim DoLittle works for the esteemed U.S. Senator Sirius as a speech writer. DoLittle is tasked with jazzing up Sirius's speeches. DoLittle and fellow speech
Tim DoLittle works for the esteemed U.S. Senator Sirius as a speech writer. DoLittle is tasked with jazzing up Sirius's 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's 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's 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.
- If Sally Sirius steals the Liberty Bell joke and tells it to her friends at lunch, has she engaged in copyright infringement?
- If Sally Sirius steals DoLittle's Constitution joke and tells it to her friends at lunch, has she engaged in copyright infringement (full credit requires a discussion of the Feist decision and whether the joke satisfies the elements for copyright infringement)?
- Who owns the copyright in the Constitution joke, DoLittle, DoLess, or both?
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