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LIBRARY WORK

October 2015
Intellectual Property Law
2015

PLEASE ANSWER COMPLETELY


1. The AudioQuest K2 terminated speaker cable is available on Amazon.com for
a mere $8,450 a pair. This offer has spurred a number of reviews, the most
popular beginning: We live underground. We speak with our hands. We
wear earplugs all our lives. . . . We cannot maintain the link for long . . . . DO
NOT USE THE CABLES! . . . . Is the Amazon review a copyrighted work?
Explain your answer.
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To answer the question first we have to know what a copyrighted work is, and
as defined copyright is
the exclusive right to make copies, license, and otherwise exploit a
literary, musical, or artistic work, whether printed, audio, video, etc.

Furthermore, for a work to be properly copyrighted there are simple steps


that should be followed: First, you must ensure that your work is properly
marked. Since, a correctly worded notice will deter infringement, as it states that
the work is protected under law. Secondly, the work must be registered.
Third, you must keep or register supporting evidence and lastly, there must be
an agreement between co-authors. That being said, with the foregoing facts the
Amazon review should not be considered as a copyrighted work. Since it does
not conform with the definition of a copyrighted work.

2. Explain if the following paragraph is copyrightable:


contains about as much caffeine as a cup of coffee. Limit caffeine
products to avoid nervousness, sleeplessness, and occasionally rapid
heartbeat. You may experience a Niacin Flush (hot feeling, skin redness that
lasts a few minutes. This is caused by Niacin (Vitamin B3) increasing blood
near the skin.

3. Nova adopts a design for Holiday Inn Express Hotel. Nova adds a floor,
enlarges the meeting area, changes the closet and door placements in rooms,
and changes the size of the pool, exercise, and laundry areas. Nova makes
these changes after receiving suggestions, along with graphic designs, from
the client. Does Novas work show sufficient creativity to qualify for a
copyright? Please explain.

4. Mary sells forms for use during an office visit with a doctor. The forms
provide blanks for various categories of specified information: name, date of
birth, sex, and ailment. Then for each ailment, the forms provide information
to be obtained: history of the present illness, a review of systems, medical
and social history, physical exam, medical decision making, clinical
impressions, and finally, consultation, disposition, and instructions. The
forms list the common answers for many questions, to speed filling out the
forms. Mary learns that Fred has copied Marys forms and sold them. Is
Fred liable for copyright infringement? Please explain.

5. Alfredo translates a letter into Spanish. For many of the words and phrases,
there are numerous potential Spanish equivalents. Alfredo seeks to produce
a translation that is accurate and pleasing to the ear. He claims a copyright
in the translation of the letter. Is his translation original? Please
explain.

6. Jane spends 5 years compiling his encyclopedia of sports trivia. She pores
through newspapers, books, and other sources to find some of the facts.
Other facts she digs up herself from interviews with retired athletes. She
uses several innovative techniques to compile the information, devising
several new categories and new ways of grouping sports information. She
also makes deliberate choices about what information to include, based on
numerous factors. Shortly before publishing her book, she learns that facts
are not protected by copyright. Does copyright offer her any protection?
Please Explain.

7.

Microsoft decides to write a new version of Unix, a widely used operating


system. The first order of business is to think of a name for the software.
Microsoft software engineers decide on the name GNU Project. GNU is
pronounced guh-noo and stands for GNU is not Unix. The G in GNU
stands for GNU, the name itself. Microsoft decides to apply for copyright
registration the phrase: GNU Project (just the phrase itself, not the
software.
So Microsoft decides to hire you as legal counsel in the Philippines for the
purpose of filing the copyright registration form with the Intellectual Property
Office PHL. Mr. John Thompson, chairman and Chief Legal Officer writes to
you and asks you to file the copyright application right away for Microsoft
Corporation:
Subject matter: GNU Project
Microsoft Corporation
Corporate Headquarters
One Microsoft Way
Redmond, WA 98052-6399
UNITED STATES
Phone: (425) 882-8080
Toll-Free: 1-800-MICROSOFT (1-800-642-7676) (U.S. Only)
Fax: 1-425-93-MSFAX (1-425-936-7329)
Please fill up the attached Copyright application form to the best of your
knowledge.
After, you file the application for registration; IPO PHL denies registration on
the basis that the word is not sufficiently original. First, there is an animal
called the gnu. Second, words or short phrases are not sufficiently original

for copyright protection. Is GNU Project original, for purposes of


copyright law? Please explain.