Entertainment Copyright Law Assignment
Order Description
LWS008 Entertainment Law Assignment
Due Date: Thursday 16 April 2015
Word Length: 1500 words
This is an individual assignment. All assignments must be submitted online using the Turnitin link in the Assessment Submission Folder under Assessment
on the unit’s Blackboard site.
Instructions
1.
You are required to complete an assignment based on the following problem.
You are required to analyse the fact situation, extract the relevant legal issues, state and explain the relevant law, argue the application of that law to the facts and reach a conclusion.
This assignment is designed to test your knowledge and understanding of legal principles and the relationship between them. It also involves skills associated with comprehension,development of argument and resolution of issues and the ability to communicate effectively in writing.
2.
You should
use the legal problem solving methodology (ISAAC ISAACS) that you learnt in LWS009.
3.
If you refer to cases and legislation in your answer to this assignment, they must be referred to
IN ACCORDANCE WITH THE LAW SCHOOL STYLE GUIDE which can be
found at:
http://www.student.qut.edu.au/about/faculties-institutes-and-divisions/faculties/law/policy-guidelines-and-publications/written-assessment-in-the-school-of-law.
Law students are required to use the legal citation standard Australian Guide to Legal Citation, 3rd edition (AGLC3), the key rules of which have been extracted in the Written Assessment in the Law School (WALS).
Refer to the WALS for all assessment where formal legal writing is a requirement, for example in assignments and external exercises.
https://cms.qut.edu.au/__data/assets/pdf_file/0007/26593/DOC_Law-School-Written-Assessment-Guide-_Version-Jan2015.pdf
4.
You must limit your answer to
1500 words. WORDS IN EXCESS OF 1500 WILL NOT BE READ AND WILL NOT BE TAKEN INTO ACCOUNT WHEN ASSESSING THE MARK.
All words including words of one or two letters (such as “a” or “at”),headings
and quotations must be counted and the total number of words used must
be noted at the conclusion of the answer.
5.
FOOTNOTES
are not included in the word count but must not include argument or matters
of substance.
ENDNOTES
(ie references/citations at the end of the text) ARE NOT
ACCEPTABLE AND WILL NOT BE READ.
6.
Spelling, grammar, punctuation, style and presentation will be taken into account when assessing the mark.
7.
You should use double-line spacing and leave a clear margin on the left-hand side of the paper wide enough to allow written comments.
8.
Please note the information in the Academic Integrity Kit on Blackboard.
Your answer must be entirely in your own words except for quotations acknowledged in approved fashion.
ANY BREACH OF COPYRIGHT, PLAGIARISM OR EXCESSIVE “CO-OPERATION” BETWEEN STUDENTS MAY RESULT IN A MARK OF ZERO OR MORE
SEVERE PENALTY.
Attention is otherwise drawn to the rules relating to assignments as set out in the Faculty of Law Assessment Policy.
9.
Assignments must be submitted in accordance with the new late assignments policy. If you don’t hand in your assignment by the due date, it
won’t be marked and you’ll receive a
grade of 1 or 0%.
Any requests for extensions must be submitted to Law Extensions
before the due date. Please note Academics in the Law School do not approve extensions.
Problem
Question
Jammy T is an independent
filmmaker with a cult following. He has made several short films that have gone viral on the internet, with his most recent short film,
‘All My Lovers’, being viewed over 6 million times online. He has, however, become a little perturbed at the number
of unauthorised copies of ‘All My Lovers’
that are available on the internet, as well as the number of remixes and imitations that have also been made available online. Not only is
Jammy T concerned that he is missing out on revenue that he may otherwise be making from
his short film, but he is worried that
these remixes and imitations may hurt his creative reputation. This is particularly important as he has a few ideas for feature lengths films that he is
looking to pitch to various producers.
Jammy T is aware
that you have studied copyright law. As such, he comes to you asking for
advice on the following matters.
(a)
Jammy T wants to stop people from viewing or downloading unauthorised copies of his
short film,
‘All My Lovers’. In particular, he is unhappy that people are viewing his short film on a website called, iTube, as he didn’t make his film available to that website and he is
not receiving any of the proceeds from the advertising surrounding his short film on the site. He also wants to stop people from using the BitTorrent protocol to share his short film.
Jammy T realises it will be difficult to find and then sue for copyright infringement the individuals who created and published the torrent files
of his short film, as well as the
individuals who subsequently
downloaded the torrents of the
short film.
However, he is
furious that a website called
Films4Free is providing links to torrent files of his short film.
Jammy T wants to know whether he
would be able to sue each of the following entities for
copyright infringement:
•the website, iTube, that is streaming his short film;and
•the website, Films4Free, which provided
links to torrent files of the show,
facilitating peer-to-peer file sharing using the BitTorrentprotocol.
(b)
Jammy T also has some concerns about a few remixes and imitations of ‘All My Lovers’ that have been made and posted on the internet. One remix is titled,
‘All My Love Scenes’, and it is an edited collection of the sex scenes from
‘All My Lovers’. While Jammy T’s
original short film is 15 minutes in length, and this edited collection of the sex scenes is just three minutes long, Jammy T feels it spoils his original short film, and makes it seem
gratuitous and exploitative. He also notes that ‘All My Love Scenes’ uses (without permission apparently) the Boyz II Men song, “Ill Make Love To You” as the soundtrack.
Jammy T wants to know if he can get this remix taken down from the internet on the basis that it infringes either his copyright in his film, or Boyz II Men’s copyright in their song, “”I’ll Make Love To You”.
While flattered that his short film has inspired imitators, he is unhappy that several other videos have been posted online with the same title, ‘All My Lovers’, that tell similar stories.
Jammy T wants to know if he could sue the creators of those videos for copyright
infringement for copying his title,
‘All My Lovers’, as well as copying his idea of a short film about a person’s lovers.
(c)
Jammy T has an idea for a feature length film. It would be the coming of age story of a young man. The script is loosely based on the life of a friend of his, Mikael. Over the past few years Mikael had told Jammy T many stories
about his unusual life and Jammy T used
these stories as the inspiration for his script. Mikael and Jammy T have subsequently had a falling out (over unrelated issues) and so Jammy T isn’t sure if he is infringing copyright
by telling Mikael’s story in his script (and eventually in his film).
Jammy T also wants to use several well known songs (in their entirety) as part of the soundtrack to his feature film. He isn’t sure if needs to obtain permission, and if he does need to obtain permission, who he should contact to obtain that permission. Advise Jammy T as to all the
relevant copyright issues that apply, including any issues of performers’ rights
or moral rights.
Side note from client: You may not be able to access the referencing link provided. If not please advise me via email and I will be able to send you the relevant document.
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