4) In which of the following situations would a court hold likely hold Barney liable for...

4) In which of the following situations would a court hold likely hold Barney liable for copyright infringement? Explain for each one why or why not.

(a) At the library, Barney photocopies 10 pages from a scholarly journal related to a topic on which he is writing a term paper.

(b) Barney makes leather handbags and sells them in his small leather shop. He advertises his handbags as “Vutton handbags” hoping that customers might mistakenly assume that they were made by Louis Vuitton, the well-known maker of high-quality luggage and handbags.

(c) Barney owns a video store. He purchases one copy of several popular movie DVDs from various distributors. Then, using blank DVDs, he burns copies of the movies to rent or sell to his customers.

(d) Barney teaches Latin American history at a small university. He uses his very high-tech VCR to frequently tape television programs relating to Latin America. He then takes the videos to his classroom so that his students can watch them.

Expert Solution

a) Reproduction of copyrighted work for distribution to the public is not legally permissible and would amount to infringement under the law. therefore making photocopies of scholary Journal on which Barney is writing a term paper amounts to copyright infringement

b) The term "piracy" has been used to refer to the unauthorized copying, distribution and selling of works in copyright.The practice of labeling the infringement of exclusive rights in creative works as "piracy" predates statutory copyright law. By advertising as Vutton handbags and not using the exact name of the well known high quality luggage and handbag maker it does not amount to Copy Right Infringement.

c) Title 17 of the United States Code says that it is illegal to reproduce a copyrighted work. If a DVD comes with a box or has a label on it indicating a copyright, then it is technically illegal to make any copies of it for any reason. Therefore by copying movie DVD's by Barney amounts to copyright Infringement.

d) Television programs, like most other types of expression, are protected by federal copyright laws. This means that as a general rule, a TV program can legally be taped and shown to students only with the copyright owner’s permission.

Fortunately, the Copyright Act contains a special exception for educational uses of copyrighted materials. Under what is known as the”fair use” rule, someone other than the copyright owner may make limited use of a copyrighted work without permission for purposes such as teaching, research, scholarship, criticism, parody and news reporting.

To help educators determine when off-air taping is and is not a fair use, a set of very concrete guidelines was created by a committee comprising representatives from educational organizations and copyright owners. These guidelines (known officially as “Guidelines for Off-Air Recording of Broadcast Programming for educational Purposes”) do not have the force of law and have never been tested in the courts. Many producers do not agree with them, and many teachers aren’t thrilled either, because they offer only limited, temporary access to broadcast materials. However, most copyright experts believe that taping that falls within the guidelines is permissible and would be upheld as a fair use if challenged in court.

The guidelines apply only to off-air taping by nonprofit educational institutions, including all public schools and most private schools and colleges.The guidelines do not apply to for-profit language or trade schools.

Therefor it does not amount to copyright infringement as long it is used for educational purpose,.

jeff jeffy answered 1 year ago

Which of the following is most likely to be ruled by a court to be an...

Which of the following is most likely to be ruled by a court to be an unconscionable remedy limitation under the UCC? A. A provision that limits consequential damages for personal injuries to consumers B. A provision that limits consequential damages for personal injuries to merchants C. A provision that limits consequential damages for personal injuries to corporations D. All of the above

Which of the following situations would most likely be resolved in a correspondence audit? A. verification...

Which of the following situations would most likely be resolved in a correspondence audit? A. verification of a taxpayer's qualifications for the EITC B. The determination whether 23 of a construction company's workers are employees or independent contractors C. Whether a particular transaction resulted in capital gain or ordinary income D. Review of all tax records of an S Corporation (sales of $20 million and 40 employees) for the past three years

P_1 Which of the following research situations would be most likely to use a between subjects...

P_1 Which of the following research situations would be most likely to use a between subjects research design? A. .Examining ethnic differences in reading comprehension among middle school children. B. Investigating the long-term effectiveness of a stop-smoking treatment by comparing participants craving for cigarettes after 2 months and 6 months of treatment. C. Examining academic performance of the Texas State University students by comparing their mean GPA to the national average GPA of undergraduate population in the U.S. D. All...

10. Which of the following research situations would be most likely to use an independent-measures design?...

10. Which of the following research situations would be most likely to use an independent-measures design? – 2pts a. Examine the development of vocabulary as a group of children mature from age 2 to age 3 b. Examine the long-term effectiveness of a stop-smoking treatment by interviewing subjects 2 months and 6 months after the treatment ends c. Compare the mathematics skills for 9th -grade boys versus 9th -grade girls d. Compare the blood-pressure readings before medication and after medication...

Which of the following three situations is least likely to occur at the same time as...

Which of the following three situations is least likely to occur at the same time as the other two situations? Why? a-Real GDP is less than potential GDP.   b-An economy in a strong, 5-year expansion.   c-An unemployment rate above the natural rate of unemployment.

Which of these was likely a problem with Obamacare? a. The Supreme Court ruled the individual...

Which of these was likely a problem with Obamacare? a. The Supreme Court ruled the individual mandate unconstitutional. b. The mandate is fairly weak, so some people will choose to not buy insurance. c. Zero states have agreed to do the Medicaid expansion. d. The law requires all employers to provide health insurance.

Which of the following situations is least likely to involve information asymmetries? Loaning money to a...

Which of the following situations is least likely to involve information asymmetries? Loaning money to a friend. Purchasing auto insurance. Buying breakfast cereal. Buying a used car.

26) In which of the following situations would you prefer to be the lender?

SCENARIO 4. Notation: C = currency; D = demand deposits; T = time deposits; & S = saving deposits. Suppose M1 = C + D; M2 = C + D + T; M3 = C + D + T + S. Suppose also that C = .05D; T = .4D; & S = .3D. The Fed imposes the following reserve requirements: rd = .2; rt = .3; rs = .15. Banks keep the following excess reserve ratios: ed = .05;...

Describe two situations in which you would use a list; two situations in which you would...

Describe two situations in which you would use a list; two situations in which you would use a tuple, and two situations in which you would use a dictionary. Also do some research to learn about data structure sets, describe when and how to use sets.

Which of the following 4 items is most likely to be classified as an A item...

Which of the following 4 items is most likely to be classified as an A item in ABC Analysis? annual usage unit cost widget 300 75 thingamajig 150 5 whatchamacallit 400 4 dohickey 82 60 A. whatchamacallit B. thingamajig C. dohickey D. widget

Question