written response to problem 9

For the written response to the problem, I would encourage you to try to show that you can identify and explain the legal issue in the problem, tell me (briefly) what the relevant rule is (or factors that a court might consider), and apply the rule to the facts in the problem to arrive at a conclusion. As mentioned in class, I am not looking for the "correct" answer - there may not be a correct answer - but rather an explanation of how you would respond to the problem and then support your answer by referring to relevant legal principles and facts in the problem.

One way to think about this is via the "IRAC" method: Issue, Rule, Analysis, Conclusion - meaning try to identify the legal issue, explain the general rule applicable to the legal issue, analyze the facts in light of the issue and rule, and then reach and support your conclusion based on the foregoing.

For most problems you should be able to answer in a page or less, e.g. I don't need you to restate the facts and I don't need you to copy the textbook - instead I want you to develop comfort with the legal issues and try to reach a conclusion.

"My Sweet Lord" infringed its copyright to "He's So Fine." Harrison's business affairs are handled by ABKCO Music and Allen Klein, ABKCO's president. Shortly after suit begins, Klein unsuccessfully tries to settle by having Harrison purchase Bright Tunes. Shortly thereafter, Bright Tunes goes into receivership, and the suit does not resume until years later. At this time, coincidentally, ABKCO's management contract with Harrison has expired; however, Klein continues his efforts to have ABKCO purchase Big Tunes. As part of these efforts, Klein gives Bright Tunes three sched- ules summarizing Harrison's royalty income from "My Sweet Lord," information he possessed because of his previous service to Harrison. Meanwhile Harrison's attorneys are eagerly trying to settle the copyright in- fringement suit with Bright Tunes, and Klein's activities of giving Bright Tunes information about the economic potential of its suit may have impeded Harrison's ef- forts to settle. Ultimately, Bright Tunes chooses not to settle with Harrison and at trial the court finds that Harrison has infringed on Bright Tunes's copyright. A damages hearing is set for a later date. By the time of the damages hearing, ABKCO had purchased the "He's So Fine" copyright and all rights to the infringement suit from Bright Tunes, making ABKCO the new plain- tiff in the trial for damages on the suit. At trial, Har- rison files a counterclaim for damages resulting from Klein and ABKCO's alleged breaches of the duty of loy- alty to him. Will the court find that Klein and ABKCO breached its duty of loyalty to Harrison?9. The song "He's So Fine" is a huge hit in the United States and Great Britain. Bright Tunes Music Corpora- tion is the copyright holder of "He's So fine" and sues ex-Beatle George Harrison and Harrisongs Music in federal court, alleging that the Harrison composition