Intellectual Property Law

Chapter 16 Discussion Questions

1. Sophia, a U.S. citizen, would like to seek copyright protection in several foreign
countries (all members of the Berne Convention) for her book of poems. The
book has been published in the United States. How will Sophia go about
achieving copyright protection for the book?

2. Would your answer to Question 1 change if the book were published in the United
States without a copyright notice?

3. What is the duration of protection of the book in the various countries?

4. Harry, a British author, lost copyright protection for his works in the United
States by not including a copyright notice on his books (in 1985, when the United
States required notice of copyright). Harry filed a Notice of Intent to Enforce
Rights under the URAA with the Copyright Office.

a. What effect does this Notice have on Martin who has been selling the
books at his bookstore since 1993?

b. What effect does this Notice have on Mark who made a 1992 film based
on one of Harry’s books?

c. What effect does restoration have on Maria who began selling the books
last year?

5. Lewis is a U.S. citizen who would like to sue for infringement of his sculpture
entitled Victory. Clark is a French citizen who would like to sue for infringement
of his sculpture entitled Defeat. Discuss any prerequisites either might need to
fulfill in order to bring an infringement lawsuit.