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.

Solutions

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

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