use the IRAC problem solving method. Question 3 – Intellectual Property Sam is an artist. Sam...

use the IRAC problem solving method.

Question 3 – Intellectual Property

Sam is an artist. Sam purchases a painting from a local artist, Mary.

Sam loves the design, he finds it inspirational. Sam takes a lot of photocopies of the painting and includes them in his own work. His work is a large artwork with different parts of the photocopies all over the canvas. Sam’s work is then displayed in a local gallery.

Mary sees the painting and is not happy. Mary claims that Sam has infringed her copyright. Is Mary correct?

Using relevant legal principles, discuss whether Sam has infringed Mary’s copyright. If Sam has infringed Mary’s copyright, what remedies might be available?

Expert Solution

According to the law if you buy the painting than you are just buying a piece of work in a physical form for your enjoyment and you own only the artwork and not the copyright, the artist signs over the painting to the buyer. So in this, it seems like Sam has purchased the painting just and he has no copyright to take photocopies of Mary’s art and put it over the canvas and displays it in the gallery.

In this case, it is a violation of copyright act and Sam can be held for this but if he settle the issue outside the court it is better for him. But if it goes in the court, then Sam has to pay a huge amount from the share or he might have to give away the entire amount he had earned.

Mary can claim for damages and Sam will have to pay him if court orders, so it is advisable he makes it out of court settlement with Mary.

We see a lot of copyright issues in the entertainment world and most of the time it settles outside the court.

Hayet Jeridi answered 6 months ago

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