October 2015
Intellectual Property Law
2015
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.
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.