Patents Copyrights Trademarks 3 and 4

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Question Description

There are two assignments that will need to be completed , I have listed both assignments below that will need to be completed. Please complete both assignments .

Book : Bouchoux, D. (2013). Intellectual property: The law of trademarks, copyrights, patents, and trade secrets. (4th ed.). Cengage.

ISBN: 9781111648572

Assignment 1 : Copyright Protection

In order to sell more yearbooks the yearbook club provides a video compilation of student events on DVD. Music is added to the soundtrack of the DVD. The DVD is to be sold in addition to the yearbook. Can the yearbook club copyright the DVD? What copyrights if any does the yearbook club, school, or students on the DVD have?

The requirements below must be met for your paper to be accepted and graded:

  • Write between 750 – 1,250 words (approximately 3 – 5 pages) using Microsoft Word in APA style, see example below.
  • Use font size 12 and 1” margins.
  • Include cover page and reference page.
  • At least 80% of your paper must be original content/writing.
  • No more than 20% of your content/information may come from references.
  • Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.
  • Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.

References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.

Assignment 2: Copyright Infringement

Miriam walks into your office. A friend has told Miriam that her picture is included in a calendar. The photo in the calendar is of Miriam when she was at the beach and it depicts her in a revealing bikini. The man who took the photo is selling the calendars for profit at his beachfront store and on his website. The man did not ask Miriam for permission to take her photo, much less use it in a calendar. What issues arise in this situation?

The requirements below must be met for your paper to be accepted and graded:

  • Write between 750 – 1,250 words (approximately 3 – 5 pages) using Microsoft Word in APA style, see example below.
  • Use font size 12 and 1” margins.
  • Include cover page and reference page.
  • At least 80% of your paper must be original content/writing.
  • No more than 20% of your content/information may come from references.
  • Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.
  • Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.

References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.

Tutor Answer

chemtai
School: UIUC

please find the attached files. i look forward to working with you again. good bye

Running head: COPYRIGHT TRADEMARK

1

Patents Copyrights Trademarks

Name

Tutor

Institution

Course

Date

COPYRIGHT TRADEMARK

2

Introduction

Copyright is an expressive form of an idea or concept which must communicate a complete
message or story or must complete an entertainment narrative. Copyright is a branch of
Intellectual property law that deals with mass communication or all forms and methods of public
communication.

In order for a work to enjoy copyright protection then it must have two elements one it must
be original and secondly it must have been fixed in a tangible medium (Cornish et al, 2013). The
concept of originality is the hallmark of copyright. Originality as used here means the work must
have been independently created by the author and must not have been copied from anybody
else.

Question; Can the yearbook club copyright the DVD?
The answer is ‘no’: the yearbook club cannot copyright the DVD; reason being that the
compiled student events and music fixed in the DVD does not meet the originality criteria
(which means the work must have been independently created by the author) to qualify the work
to be copyrighted. I will support my answer with the Supreme Court case no. 499 USA, between
Feist Publication v Rurak Telephony Services Co. INC. 1991 (499 USA). This is a case which
was before the bench seeking the determination of the court on whether telephone directory is
copyrighted. Justice O’connor said the following about originality.
“To qualify for copyright protection work must be original to the author that is the work
was independently created by the author and at least it possesses some modicum (minimum) of
creativity. To be sure the level of creativity is extremely low such that even a slight amount will

COPYRIGHT TRADEMARK

3

suffice….. Compilation of data does not automatically give rise to copyright protection there
must be creativity and originality in the work in question and the sweat of the brow does not give
rise to copyright ability”. Held: It was held that compilation of telephone directory cannot be
copyrighted from account of lack of originality. This has ...

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Anonymous
Thanks, good work

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