Question: Does Newspaper 1 have a valid claim for copyright infringement against Newspaper 2? Explain your reasoning.

Patent law COPYRIGHT LAW trademark tradesecre law

5 points   

QUESTION 2

  1. Assume the following facts:

    • Jones is an employee and an authorized Purchaser for College.

    • Acting within the scope of his authority as a Purchaser, Jones contracts (makes contract) with Acme Computer Corp. (“Acme”) to purchase 50 computers for $75,000, but Jones does not inform Acme, and Acme does not know that Jones is acting on behalf of the College. The contract lists Jones as the Purchaser and is signed by Jones, but makes no mention of the College.

    • As a result, Acme Corp. reasonably believes it is making a contract with Jones only.

    • Following delivery of the computers, Acme is not paid and sues Jones for breach of contract. Before filing the lawsuit, Acme learns that Jones was acting as a purchasing agent for the College and the computers were purchased for the College.

Question: Which party or parties, if any, may Acme hold liable for breach of contract? Be sure to discuss and explain any relevant legal terms/rules/principles.


QUESTION 3

An employee of a restaurant picks up a highly valuable and properly working Rolex watch found on a table in the restaurant, but the owner of the watch is no longer in the restaurant and there is no information left at the restaurant that might help the restaurant contact the watch owner.
QUESTION: Discuss the legal rights and duties (if any) of the employee and the restaurant owner with regard to the watch at this moment, and explain any relevant legal terms/rules/principles. Answer without consideration or mention of an estray statute that may apply to this situation:

QUESTION 4

  1. Assume the following facts:

    • The day before moving into an elder-care facility, Miss Daisy (who is very old, but not ill) tells her former Maid: As compensation for and recognition of your long service to me, Im giving you all of the jewelry and furniture that I keep in my storage locker, to which only I have a key.

    • Miss Daisy then hands to the Maid this one single key to the storage locker.

    • There are no other keys to this locker and anyone with the key can easily get to and open this locker. So, the Maid will not have any difficulty using the key to open the locker and retrieve the contents of the locker.

Question: At this moment in time, i.e. the second just after the Maid takes the key, explain in detail the Maids rights to the storage locker contents and be sure to explicitly discuss and explain any relevant legal terms/rules/principles.
(Note: do not answer this question based on what might happen minutes/hours/days after the Maid receives the key; instead, the question asks about the Maid’s rights immediately after she receives this key.)

QUESTION 5

Jane drops off a dress for dry cleaning at Ace Dry-Cleaning service.

  1. Question: Discuss and explain the relevant legal terms/rules/principles that apply here and describe with precision the duties of Ace Dry-Cleaning regarding the dress.

QUESTION 6

As a gesture of friendship and without compensation, Warehouse Owner agrees to store Tractor Owners tractor in Warehouse Owners warehouse for one month.
Question: Explain the relevant legal terms/rules/principles that apply here and describe with precision all of the duties of the Warehouse Owner regarding the tractor.

QUESTION 7

  1. Assume the following facts:

    • For a college class, this year a Student created a 60-minute student film/video for showing in the classroom. 

    • The video uses 1 minute of full-frame (full-screen) video copied without permission from a 48-minute-long episode of the Touched by an Angel TV series produced/recorded in 1995.

    • The Student intends her video to be a humorous/funny comment on the medias occasionally ridiculous handling of issues involving religion. 

    • She just won a $1,000 cash prize for her video after entering and winning a competition for student videos. The video was shown to the audience at the awards ceremony for that student competition, and the video is posted on the student’s YouTube channel that contains 50 of the student’s own videos, but other than the $1,000 prize and the less than $2.00/month the student earns from her YouTube channel, the student will not earn any money from the video.

Question: The owners of the copyright for the Touched by an Angel TV series sue the Student. Do they have a good claim for copyright infringement against the Student?  Explain your reasoning in a lengthy and detailed response demonstrating your understanding of relevant legal rules/principles from copyright law.
(Note: this question is worth 20 points, more than the other exam questions, due to the lengthy response required.)

 
question 8

  1. Assume the following facts:

    • Reporter 1 & Reporter 2 work for different newspapers, and the newspaper has its own separate owner. 

    • Last year, Reporter 1 spent months gathering the facts published in her Newspaper 1 article on organized crime. The copyright for Reporter 1s article is owned by Newspaper 1. 

    • After reading Reporter 1s article, another reporterReporter 2published her own article on the same topic in Newspaper 2 one month later. The copyright for Reporter 2s article is owned by Newspaper 2. 

    • Although the text and wording of Reporter 2s article do not resemble (are not similar to) the first article and do not copy any portions from the text of the first article (by Reporter 1), Reporter 2 did no research for her own article and lifted/took every single fact in her article directly from Reporter 1s article.



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