The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Question
Chapter 8, Problem 1IS
Summary Introduction
Case summary: A person R, food buyer for OCF Company, decides to start her own business. She contacts the supplier of OCF company to buy their entire harvest. She also contacts the customers of OCF company, to sell them food at lower prices.
To find: Violation of intellectual property right.
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1. Should George have accepted the listing? George states, “I am not discriminating. The owners are the guilty party.” Can george filter potential buyers by credit score? By race?
2. Now that George has accepted the listing, could he be guilty of fair housing violations by association? Could he be innocent because he is only “following orders”?
Phillip is a broker who was hired by Sam to help
him find a new investment property. Phillip
identifies a property that fits Sam's investing
criteria. Sam asks Phillip to do some research
and provide him with an opinion of title on the
property. Is Phillip permitted to do this?
○ No. This would be considered an
unauthorized practice of law.
No. Phillip needs his sales associates
license in order to issue an opinion of title.
Yes. Brokers are always permitted to issue
an opinion of title.
Yes. As long as Phillip notifies FREC, he can
issue an opinion of title.
As part of its business, Kinko’s Graphics Corporation (Kinko’s) copied excerpts from books, compiled them in “packets,” and sold the packets to college students. Kinko’s did this without permission from the owners of the copyrights to the books and without paying copyright fees or royalties. Kinko’s has more than two hundred stores nationwide and reported $15 million in assets and $3 million in profits for 1989. Basic Books, Harper & Row, John Wiley & Sons, and others (plaintiffs) sued Kinko’s for violation of the Copyright Act of 1976. Plaintiffs owned copyrights to the works copied and sold by Kinko’s and derived substantial income from royalties. They argued that Kinko’s had infringed on their copyrights by copying excerpts from their books and selling the copies to college students for profit. Kinko’s admitted that it had copied excerpts without permission and had sold them in packets to students, but it contended that its actions constituted a fair use of the works in…
Chapter 8 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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