Intellectual Property Law
Chapter 14 Discussion Questions
1. Jeff asks Grace to make a photocopy of Andrew’s copyrighted short story. Grace
believes Jeff is the author of the story, so she makes the copy for Jeff. Who has
committed infringement? Discuss.
2. Elliott is a photographer who published a book last year that consisted of 30
photographs of impoverished families. Tom is an avant-garde artist with a
wealthy clientele. He has taken 25 of the photos and altered them by using the
head shots from Elliott’s photos and superimposing them onto others’ bodies in
colorful collages, primarily to make a comment on the needs of the poor in
America. Analyze the fair use factors and indicate whether you believe the use is
infringement or fair use.
3. Allison, a newspaper reporter and media critic, has quoted several lines from
Mason’s new book in her review of the book. Discuss whether this conduct might
constitute infringement and any defenses Allison might assert.
4. In a televised report on the resurgence of Broadway musicals, Marissa, a reporter,
stands in front of a copyrighted poster for the musical Beautiful while she
provides her 20-second report. Discuss whether this conduct might constitute
infringement and any defenses Marissa might assert.
5. Sean released his documentary in July and registered the copyright for it in
December. If the work is infringed in August, what damages might Sean recover?
Discuss.
6. Hillary published an article in a newspaper listing all restaurants in San Jose by
category (Italian restaurants, Mexican restaurants, and so forth). Ellen claims this
infringes her book Dining in San Jose, which also lists all of the city’s restaurants
by category. Discuss whether Hillary’s article infringes Ellen’s book and any
defenses Hillary might assert.
7. Nell, a songwriter, submitted Wings, her recent musical composition, to her agent,
Philip. Nell believes that another songwriter, Ray, has infringed Wings. Nell
recently discovered that Ray is also represented by Philip. Of what importance is
this fact to Nell?