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Intellectual property law - Essay Example

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Summary
The Red Lion pub organizes a contest of literary improvisation. Each participant is provided with an essential plot to be used as a starting point, whereupon they have to develop an oral tale lasting about 15 minutes. Members of the public are allowed to intervene by making…
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matic tale making from time to time use of Lionel’s suggestions as to how to depict the characters and how to give more poignancy to the atmosphere. Brad is awarded the first prize, and pays for a round of beer for his mates. By popular request, he eventually sings Killing me Softly composed by Roberta Flack. Fiona, a regular customer of the Red Lion, makes a video recording of the night’s events. She downloads the 123 minute long recording on to her computer and, using this material, produces a 12 minute video showing the best parts of the literary improvisations and the whole performance of Killing me Softly.

She eventually uploads the video onto Metube, a very popular video file-sharing website on the internet. Afterwards she makes a transcription of Brad’s improvisation and saves it as word document on her computer. Over the next few days Fiona becomes more and more convinced that Brad’s tale is a really good tale, and that it is worth spending time working on it. She develops the tale and writes a grotesque science fiction novel. She presents the resulting novel at a writing competition. Although she doesn’t win, a publisher is very enthusiastic and offers her a contract to publish the novel.

Fiona signs the contract and submits the manuscript. A few months later Brad shows up at the Red Lion carrying a copy of Fiona’s book. After having read parts of the book, the audience realises that there are striking similarities with the tale that was developed during the contest. Brad feels it has been plagiarised. He scans the book and uploads a large amount of it on to his personal website, posting rude ironic comments on Fiona’s creativity. Review in detail all the potential copyright infringements.

Your answer should include discussion of the nature of the infringements concerned. In addition, you should identify who allegedly owns the copyright, and who allegedly infringed

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