Copyright Infringement Cases: Jury Box, Treatise, and Stomp, Exams of Law

Download Copyright Infringement Cases: Jury Box, Treatise, and Stomp and more Exams Law in PDF only on Docsity! Page 1 of 4 EXAM NO. ________ CREIGHTON UNIVERSITY SCHOOL OF LAW COPYRIGHTS SPRING SEMESTER EXAMINATION Professor Dallon Monday, May 6, 2002 PART I INSTRUCTIONS: This exam consists of 5 essay questions. You will have 90 minutes to answer Part I consisting of three questions and 90 minutes to answer Part II consisting of two questions. There will be a break after Part I. I have suggested times as follows: Part I Question 1 30 minutes Question 2 20 minutes Question 3 40 minutes Part II Question 4 45 minutes Question 5 45 minutes Write your answers in the answer books provided. You may answer in pen or pencil. This is a closed-book exam. You may not bring any materials to the exam. Write your exam number on this page and on each answer book you use. Good luck. COPYRIGHTS SPRING SEMESTER EXAMINATION Professor Dallon Monday, May 6, 2002 PART I Page 2 of 4 QUESTION NO. 1 (suggested time: 30 minutes) Skipper, a professional photographer, took a photograph of twelve nicely dressed first graders sitting attentively in the jury box of a historic courthouse in rural Nebraska (the photograph was entitled “Jury Box”). Jillian obtained written permission from Skipper to publish Jury Box in her book of photographs entitled “Nebraska’s Finest.” The agreement stated that Jillian “has the right to print, publish, and sell the photograph Jury Box as part of her book, Nebraska’s Finest.” All other rights were reserved in Skipper. Jillian published her book and experienced strong sales. Nota created a computer database containing thousands of photographs. It obtained a license from Jillian to include Nebraska’s Finest, including Jury Box, in the database. Each individual photograph in the book could be accessed through a search by description, author, or date. When a page from Nebraska’s Finest was accessed, the image that appeared would be an exact copy of the page from the book with an additional tag giving the source information. Each page was shown alone, without a link to the prior or following pages. The database is made available commercially to subscribers. Nota also copied Nebraska’s Finest onto microfiche with continuous photographic reproduction of the pages of the book on the miniaturized film. The pages are listed in the same position that they appear in the book. All pages are reproduced. The microfiche is sold primarily to libraries and schools. Jim, also a professional photographer, took a photograph of twelve well-dressed, attentive first graders sitting in a jury box at a rural courthouse in Kansas. Jim has sold numerous copies of his photograph, and it has been displayed in several national galleries. Jim took his photograph in 1998. Skipper took Jury Box in 1996, but kept his only copy in his own possession without showing it to anyone until 1999 when he showed it to Jillian. Skipper did, however, tell Jim about his plan for Jury Box before he took the photograph in 1996. Several individuals have mistaken Jim’s photograph for Jury Box. Skipper wants to bring claims against Jillian, Nota, and Jim for copyright infringement. Please advise him on the validity of his claims. Page 1 of 3 EXAM NO. _____ CREIGHTON UNIVERSITY SCHOOL OF LAW COPYRIGHTS SPRING SEMESTER EXAMINATION Professor Dallon Monday, May 6, 2002 PART II INSTRUCTIONS: This exam consists of 5 essay questions. You will have 90 minutes to answer Part I consisting of three questions and 90 minutes to answer Part II consisting of two questions. There will be a break after Part I. I have suggested times as follows: Part I Question 1 30 minutes Question 2 20 minutes Question 3 40 minutes Part II Question 4 45 minutes Question 5 45 minutes Write your answers in the answer books provided. You may answer in pen or pencil. This is a closed-book exam. You may not bring any materials to the exam. Write your exam number on this page and on each answer book you use. Good luck. COPYRIGHTS SPRING SEMESTER EXAMINATION Professor Dallon Monday, May 6, 2002 PART II Page 2 of 3 QUESTION NO. 4 (suggested time: 45 minutes) Employee Ed works for the United States Government as an information management specialist. His job description requires him to work with computers on a regular basis and to take care of system problems. On rare occasions he does small amounts of programming in connection with his work. Ed primarily telecommutes from his home and does most of his work electronically from government-owned computers at his home. Some time ago Ed saw the need for a new software program to store, search, retrieve, and display office records. He investigated several existing products, including a software product called Soft, manufactured by Soft, Inc. After his investigation, he proposed to his boss the creation of a new software package to fill the need. His boss was impressed by the proposal and authorized Ed to proceed with the project. Ed wrote the program himself between his other regular work tasks rather than assigning the job to outside consultants. Ed had just finished a big project and his workload had lightened up considerably, so he knew he would have the necessary time. Ultimately, Ed wrote a very successful software program (the “Program”), which he completed and put into use in January 1998. The Program worked well, and Ed received a cash performance award from his department for his work on it. Ed denies referring to Soft while creating the Program. Nevertheless, about 30% of the Program is exactly the same as the code in Soft (the “common portion”). The common portion was equal to about 20% of Soft’s code. Most, though not all, of the common portion is composed of code and routines commonly appearing in various competing information management software products. The Program also uses a structural approach very similar to that used by Soft. Ed found that the Program’s particular structure resulted in maximum efficiency, accuracy, and reliability for the Program. Paul works for the government and used the Program. Paul has a private business that he operates on the side. In January 2000, he made a copy of the Program, made some minor additions, and is now marketing his adapted program. Paul was unaware that the Program contained code from Soft. 1. Assume Soft has retained you and seeks your legal advice. Discuss whether Soft has a valid copyright infringement claim and, if so, what remedies are available to it. 2. Assume Ed has retained you and seeks your legal advice. Discuss whether Ed has a valid copyright infringement claim and, if so, what remedies are available to him. 3. Assume you represent the United States. Discuss whether the United States has a valid copyright infringement claim and, if so, what remedies are available to it. COPYRIGHTS SPRING SEMESTER EXAMINATION Professor Dallon Monday, May 6, 2002 PART II Page 3 of 3 QUESTION NO. 5 (Suggested time: 45 minutes) In 1930, Easton composed and wrote the lyrics and music to a song entitled “Stomp.” He played the song privately in his own home for his own enjoyment and on one occasion to a large group of friends including composers and music critics at a dinner party hosted at his home. Easton died in 1930, without seeking copyright registration from the Copyright Office for Stomp. After Easton’s death, it was widely believed that the existence of Stomp was either a legend or that Stomp had been lost. In fact, Easton had only one copy of the song, and this original copy remained in the possession of Easton’s secretive heirs (“Heirs”) until sold in 2002. Easton was an accomplished composer who was considered ahead of his time. The popularity of his music has grown since his death, and he is now considered a significant historical, musical figure. Easton’s music continues to rise in popularity. In 2001, Newspaper, a daily evening newspaper owned by a leading national media corporation, published a series of articles on Easton’s life. In one article, Newspaper proclaimed the discovery of the long-lost song Stomp. It included the complete lyrics and music to Stomp. Music historians went crazy over the discovery. Newspaper experienced numerous special requests for the issue that included Stomp and has had a surge of hits to its website containing the article including Stomp. Heirs did not give permission for the publication of Stomp and do not know how Newspaper gained access to the work. In 2002, Max purchased the original copy of Stomp from Heirs for a large sum of money. Heirs issued to Max a receipt reciting the money paid and received “for the original copy of Easton’s work ‘Stomp’” and signed by them. Prior to selling the original, Heirs made a copy of the song for their own records. Max promptly reproduced the lyrics and music to Stomp and began to sell copies to the general public. Heirs object to the publication of Stomp by Newspaper and Max. Advise Heirs regarding their rights and how they should proceed.