Book Title
10th Edition
ISBN: 9781337605656
Author: CROSS
Publisher: CENGAGE L
expand_more
expand_more
format_list_bulleted
Question
Chapter 8, Problem 5BCP
Summary Introduction
Case summary: The person C was hired to perform a singing telegram of her copyrighted song for a company S. The company S wanted to post the performance on its website. But later, the company used another performer’s singing telegram and were sued by the person C for infringement of copyright.
To find : The liability of the defendant for infringement of copyright.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
) Jack was sued by Wowley for defamation, because of statements made by Jack in the public domain, which impugned wrongful, unethical behaviour by Wowley. Samla was subpoena to attend court as a witness, because she was present when Jack made the alleged defamatory statements. Jack as an incentive to Samla to attend court, promised to pay her the sum of $10,000 for her loss of time, but later on reneged on his promise, telling Samla to sue him because he is not giving her one cent.
Samla thereafter sued Jack to enforce his promise, with a view to get the promised $10,000. Jack knows you are a Business law student and is seeking your advice on the matter. Please advise Jack.
Trevor Rowe a well known businessman saw an article in the gleaner that indicated that he was a jail bird. As a result, he lost customers. He wrote to the gleaner, seeking a retraction of the story, and found out that there was in fact another man in the community with the same name who had gone to jail. What is the position of either party?
The Gleaner can prevent litigation by offering to make amends.
The Gleaner doesn’t have to retract the story as it was true for one of the men.
There is no action as the story was already published.
The businessman can go straight to Court.
There is no action at there are two persons with the same name.
Francine posts on social media that she will pay $500 to anyone who will clear her lawn of leaves. One of Francine's friends is dating Bob, who goes out and collects all the leaves. When he asks for payment, Francine says that the two never had a contract. Is Francine correct? Briefly explain.
Knowledge Booster
Similar questions
- Allen, a teacher, copied pages from a published novel for study by the members of his literature class. Has she infringed the copyright?arrow_forward(a) Under the Australian Consumer Law (ACL), what is misleading and deceptive conduct and how does it differ from puffery? (b) Provide two real-world examples of puffery that wouldn't be a breach of ACL:arrow_forwardBryan is a purchaser for Ace Widgets. Bryan’s brother-in-law is a salesperson for Niche Electronics, one of Ace’s largest suppliers. Bryan told his supervisor about the relationship, and she approved his ordering of supplies from his brother-in-law as long as the purchases were reviewed by a senior manager. Bryan did not receive any favor or money from his brother-in- law in return for the sales. A year after Bryan discussed the situation with his supervisor, Ace’s management discovers that another supplier offers the same parts as Niche Electronics but at cheaper prices. Ace Widgets is considering suing Bryan for conflict of interest. Which of the following is the most accurate statement about Ace’s chances of success? Choices: A. Ace’s chances are good because it could have gotten the supplies at a lower price. B. Ace’s chances are poor because Bryan did not actually receive any money from his brother-in-law for sending him business. C. Ace’s chances are poor because the company was…arrow_forward
- Which of the following is an agreement by a promise to refrain from pursuing a legal claim against a promisor? Statute of limitations Past consideration Moral obligation Forbearance to suearrow_forwardExplain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.arrow_forwardOn a recent trip to Hongkong, Brian Santos, sales manager of Micro- electronic Devices, took his wife at company expense. Erika Tan, vice- president of sales and Santos' boss, thought his travel and entertainment expenses seemed excessive. Tan approved the reimbursement, however, because she owed Santos a favor. Tan, well aware that the company president routinely reviewed all expenses recorded in the cash disbursements journal, had the accountant record Santos' wife's expenses in the general journal as follows: Sales Promotion Expense 35,000 Cash 35,000 What is the ethical issue in this situation? What role does accounting play in the ethical issue?arrow_forward
- In your role working as a paralegal or legal assistant for eHarbour, draft a memorandum to Daniel Hudson, the eHarbour general counsel, on how best to protect eHarbour’s intellectual property. Specifically, discuss the steps and benefits of safeguarding eHarbour’s intellectual property through: (1) registration of proprietary software developed by eHarbour with the U.S. Copyright Office; (2) applying for a registered trademark for the eHarbour name with the U.S. Patent and Trademark Office; and (3) protecting trade secrets with password protection and software encryption. (Please include introduction, conclusion and references)arrow_forwardLouisa, who is not a real estate license holder, owns three single-family residences, which she rents out. (She does not occupy any of the residences). Does she have to abide by the Fair Housing Act when selecting tenants? Louisa is exempt from the Fair Housing Act, although she may not use discriminatory advertising. Louisa is exempt from the Fair Housing Act under the Mrs. Murphy exemption. Louisa is not exempt from the Fair Housing Act. Louisa is not exempt under the Fair Housing Act, but she is exemptunder the Florida Residential Landlord and Tenant Act.arrow_forwardGive typing answer with explanation and conclusion Patricia has a contract with Sandy for personal services. Sandy breaches the contract and Patricia sues. The judge rules that Patricia’s contract with Sandy is unenforceable due to it being “Unconscionable.” What does that mean?arrow_forward
- 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…arrow_forwardMichael Hauck claimed that he was discharged by his employer, Sabine Pilot Service, because he refused its direction to perform the illegal act of pumping the bilges of the employer’s vessel into the waterways. Hauck was an employee at will, and Sabine contends that it therefore had the right to discharge him without having to show cause. Hauck brought a wrongful discharge action against Sabine. Decide.Please give your answer using the IRAC format. Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis: Applying the rule of law to the facts of the problem presentedConclusion: Answer to the Issuearrow_forwardAn unaffiliated agent, excluding all previous sales commissions, MAY only accept compensation from: OA. captive insurance agents admitted insurance companies independent insurance agencies fee-based clients B. O C D.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education