Your responses should address all parts of the fact set presented below and should be written as if to a senior manager: professional language, concise responses, and explanation of legal topics that your manager probably does not know in detail. You might consider ways to adopt the "IRAC" (issue, rule, analysis, conclusion) format to ensure that analysis is not overlooked. In most cases, there are multiple reasonable answers to the question prompts, as long as your position is supported.

Facts

Aware that declines in purchases of printed books threaten its long record of success, the publishing house Debussy Hastings & Co. ("DH") contracted with Scott Orrick, a well-known investigative journalist, to write innovative new book that would appeal to a broad range of ages. The book is to be titled Frenemies, and tells the story of Facebook and its effect on relationships.

Trying to reach a broader audience age range through design as well as content, the book incorporates lots of photography, most of which Orrick took during the 6 months that he worked at Facebook (without revealing to Facebook that he intended to write book about the experience), either of the company's offices or from the lives of users he connected with for whom Facebook has been part of negative experiences in their lives. The book's chapters are titled using Facebook-related terms: "Friend me," "Like this post," "What's on your mind, Reader," "See your Memories >," and "Your best friend commented on this." Each chapter considers internal corporate and design practices at Facebook and connects those concepts to the lives of users (so the "Your best friend commented on this" chapter talks about the ways Facebook workers try to get political buy-in for new projects, while also relaying interviews with users who became obsessed with whether their friends were engaging with them online).

Your Response

DH is now starting to realize that they may have created some significant problems with this project. They've asked you for a memo outlining the following issues:

• Which, if any, intellectual property protections offer the best way for Facebook to stop us from using photos of their offices and the Facebook-related terms in chapter headings and the text of the book? Why is that the best approach?
• Orrick has a copy of Facebook's advertiser database and is planning to send everyone in the database an advertisement for the book. Is that OK