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You work for Jupiter & Jeannette Lawyers, a Brisbane law firm. Jia, Jeremy, and James have come to your law firm for advice. Your Senior
You work for Jupiter & Jeannette Lawyers, a Brisbane law firm. Jia, Jeremy, and James have come to your law firm for advice. Your Senior Partner has asked you to produce a memorandum of advice (directed to your Senior Partner) about your three client's legal rights and obligations. PART A - JIA Jia is a young singer-songwriter and an emerging fashion designer. She completed a Bachelor of Music at the Griffith University. Jia has developed her unique style of music which blends elements of traditional music with Western musical styles. Jia's new song, My Sunshine, has been a hit. Jia performs her song at a music concert held at the Fortitude Valley Music Hall. Hamish, a struggling independent film director, attends the concert where Jia performs her song, My Sunshine. Hamish has an idea of producing a documentary film on Australia's talented young musicians. He records Jia's performance on his smartphone and decides to include it in his documentary. Hamish also finds some other songs of Jia on YouTube and takes no more than 40-second clips from these songs. Hamish does not tell Jia that he is using her songs in this way and does not acknowledge her in his documentary. Hamish's documentary film is screened at a film festival in Brisbane. Samantha, a film reviewer, reviews Hamish's documentary on her YouTube channel. As part of her (very negative) review, she shows several clips, including the concert clip. Jia designs her signature "Wing Strap" T-shirt, which incorporates a unique cross-over strap feature. Jia's design has been a great success. Since March 2023, she has been supplying her "Wing Strap" T-shirts to several fashion outlets in Brisbane. In an attempt to prevent rip-offs from being produced, Jia has kept the drawings for her design under lock and key. She thinks that this is the best way to protect her design. On a recent trip to the Riverside Markets in Brisbane, Jia notices that a stall holder, Sneaky Swift, is selling T-shirts almost identical to the "Wing Strap" T-shirt without her authorisation. Sneaky Swift purchased a genuine "Wing Strap" T-shirt from a fashion outlet. She took apart the shirt and used it to draw a pattern. The copycat shirts were made from the resulting pattern. Jia is incensed and fears that Sneaky Swift's inferior versions may adversely impact Jia's market position and reputation. Question 1 Did Hamish and Samantha infringe any types of copyright? Explain with details with relevant references. Question 2 What options are available to Jia to protect her "Wing Strap" T-shirt design? Can she bring an action against Sneaky Swift? Explain in details with relevant references
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