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Intellectual Property Law assignment - Essay Example

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PART 1: Advise the Editor of The Sunday Topical of the copyright issues in the book and the photographs. Burchill is a journalist, who has ghost written a biography on the life of a famous actor and pop star, Justin Timbersnake, which heavily relied on a comprehensive personal diary of Justin…
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Intellectual Property Law assignment
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Download file to see previous pages A copyrights issue, with regards to ownership and authorship of a book and photographs arises. Who between Burchill, the book author and Justin Timbersnake, the subject of the book, owns the copyright to the book and the photographs? Does Burchill own the rights to the photos of Justin Timberlake she took in the pretence of her personal use and do such rights allow her to publicly distribute the photos in question? As noted, this is purely a question of copyright law; most importantly, The Copyright, Designs and Patents Act, 1988 and the Copyright and Related Rights Regulations 2003, No. 2498. In particular, this case is about copyright laws because it touches on moral rights and obligations. In this case, the right of privacy for Justin’s photographs Burchill had taken for her personal use, of which she has now agreed to give to the editor of The Sunday Topical. Secondly, there is the issue of copyright infringement and moral infringement; has the editor of The Sunday Topical infringed on Justin Timbersnake’s rights to the contents of Burchill’s book and photos? It is a fact that Burchill is the author of the book biography of Justin Timbersnake and the photographs she took of Justin while at his mansion. ...
Justin Timbersnake should not sue The Sun Topical for serialising the book since they have not in any way infringed on his copyright since Burchill owns the authorship rights. However, Timbersnake can go ahead and sue Burchill for giving his private photos to The Sun Topical for public display. Likewise, as the facts of this case those outlined above are concerned; the relevant law to this case is the Copyright, Designs and Patents Act, 1988, specifically in relation to authorship, ownership, infringements, moral rights and privacy. Based on the facts of the case, it is imperative that the issue of ownership of the book and of the photography needs to be established. It is also beneficial to determine whether, by allowing Burchill access to his personal diary, Justin Timbersnake’s granted or transferred his copyrights of the diary to Burchill. If there was an assignment or transfer of copyright ownership, it will be important to find out whether there is a written documentation signed by or on behalf of the assignor. Another issue that needs determining is the nature of relationship between Burchill and Justine Timbersnake with regards to both the photography and the book; was Burchill employed by Justin when she took the photographs? Or did Justin ask or commission her to write the book on his life? These questions help in determining the first owner of the copyright with regards to both the photographs and the book. In addition to solving the issue of copyright ownership and authorship, it is important that the issue of infringement is looked at. Determining whether liability exists is also important as is the issues of remedies in terms of damages and or criminal ...Download file to see next pagesRead More
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