Our Services

Get 15% Discount on your First Order

Instructions Copyright Scenario Jim Clark, an artist in Birmingham, submitted

February 23, 2022

Instructions

Copyright Scenario

Jim Clark, an artist in Birmingham, submitted his logo design for the Birmingham Cougars football team, and the Cougars used a logo design that was very similar to Clark’s design for their team logo during the 1996–1998 seasons. Clark sued the Cougars for copyright infringement for using his design as their logo without his permission, and the court ruled that the Cougars had improperly used Clark’s design for their logo and had infringed on his copyright of that design. The Cougars changed their logo for the 1999 season, but they started showing highlight films from their 1996–1998 seasons in their stadium, on their website, and on their television channel, and the logo that Clark had designed and that the Cougars had improperly used during those seasons appeared in the highlight films. Clark sued the Cougars a second time, alleging that the appearance of the logo he designed in the highlight films was, again, copyright infringement. The Cougars assert two defenses to Clark’s claim of copyright infringement the second time around.

The Cougars contended that their use of the 1996–1998 logo in the highlight films was protected by the fair use doctrine.
Since Clark and the Cougars were both citizens of Birmingham, there was no commerce among the states or interstate commerce involved, so Congress had no authority to make laws that protected Clark’s copyright.

In a two-page case study, address the questions below.

Is the Cougar’s use of the logo on the highlight films protected by the fair use doctrine?
Is the Cougar’s claim that Congress does not have the power to regulate copyright within a single state valid?

As you answer these two questions about the Cougar’s use of the logo, explain how the evolution of the Commerce Clause of the Constitution of the United States affects businesses and the Cougars in particular. Also, be sure to address the categories of intellectual properties protected by the Constitution of the United States. Your case study should be at least two pages in length and include at least two outside sources. Be sure to use APA formatting for all citations and references. Please note that no abstract is needed. The Legal Citations tutorial may be helpful in citing legal documents.

Share This Post

Order a Similar Paper and get 15% Discount on your First Order

Related Questions

1. Consider the stock flying Kites. The mean of its

1. Consider the stock flying Kites. The mean of its daily returns is 0% and the volatility of its daily returns is 2%. Consider an ATM (at-the-money) call option on this stock. The price of this call option is $100. The I-day 95%ile VaR$ of the call option is

How do you build a culture of safety? Summarize the

How do you build a culture of safety? Summarize the case study based on what you have learned from the readings. Building a Culture of Safety The construction industry accounts for the most workplace fatalities of any sector and is generally considered a high-risk environment. One construction firm, Messer Construction,

Final Project Presentation Each student will prepare a Power Point

Final Project Presentation Each student will prepare a Power Point presentation covering the major sections of their final project report and use the notes section of the Power Point to provide a narrative or script for their final presentation. Students will use no more than 12-15 slides to present their

The news director for your television station has given you

The news director for your television station has given you an assignment to interview the rising senatorial candidate for your state. This candidate has a vision for a new America and has used this vision heavily on the campaign trail. Using the information from the textbook and resources for this

Overview As you will learn in this course, the foundations

Overview As you will learn in this course, the foundations of engineering project leadership are communicating a project vision and applying tools and techniques to ensure the engineering team achieves its vision. An engineering team without a vision and a common goal cannot work effectively as a unified and cohesive

Click on this link and then scroll down and click

Click on this link and then scroll down and click on Annual Date. From the Income statement you can detect trends in revenue, gross profit, operating income, net income, and dividends per share. You can find other useful data on the Balance Sheet and Cash Flow statements. In your thread,

After studying Module 4: Lecture Materials & Resources, discuss the

After studying Module 4: Lecture Materials & Resources, discuss the following: Jay and Sue Kim, ages 29 and 26 years and married for 2 years, immigrated from South Korea and settled in Los Angeles. They have lived in a small one-bedroom apartment since their arrival. Both graduated from the same

Mr. Sweet, 38 years old, is brought to the Emergency Department unresponsive. He has a history of Type 1 diabetes and has been sick for the last 3 days. On admission his Blood sugar is 532, Potassium Nursing Assignment Help

Mr. Sweet, 38 years old, is brought to the Emergency Department unresponsive. He has a history of Type 1 diabetes and has been sick for the last 3 days. On admission his Blood sugar is 532, Potassium is 7.2 and ABG results include pH 7.08, Bicarb 12, and CO2 28.

Read all pages carefully, selected topic, intro & must be

Read all pages carefully, selected topic, intro & must be follow format according to Sample Paper (3-3 Para each Article) Must be 100% Original I hv already attached Articles, u must be use this 3 articles for Annotated

Read this short article. https://www.livescience.com/16493-people-planet-earth-support.html (Links to an external site.)

Read this short article. https://www.livescience.com/16493-people-planet-earth-support.html (Links to an external site.) Evaluate their basis in coming up with the carrying capacity value and then decide whether you agree or disagree with their estimate of earth’s carrying capacity for humans. Base your opinion on your own understanding of the concept of “carrying capacity”

How do your contexts help enable and constrain your readings of these

Please follow the directions and ensure you satisfy the criteria. Respond to one of the texts we encountered for class. Describe and analyze how your personal contexts act as a lens for your reading and how that lens reveals another level of discussion with the text’s ideas. Your essay must:

Develop and use information classification guidelines. Understand information handling and

Develop and use information classification guidelines.Understand information handling and labeling procedures. it should follow APA citation rules. Please be sure to proofread, spell and grammar check your paper prior to submission. This SyncSession paper should be 1-2 pages long, not including the title page and reference page. Please use Times

Assessment Description The purpose of this assignment is to convert

Assessment Description The purpose of this assignment is to convert foreign currency financial statements into U.S. dollars. Navigate to Connect to access “Excel Case – Translating Foreign Currency Financial Statements.” You will submit both the completed Excel spreadsheet along with your prepared report. Your prepared report should be approximately

1) Let’s start by defining the following terms. a. Basic

1) Let’s start by defining the following terms. a. Basic earnings per share. b. Potentially dilutive security. c. Diluted earnings per share. d. Complex capital structure. e. Potential common stock. 2) Why are preferred dividends deducted from net income when calculating EPS? Are there circumstances

UH Imbalance Between the Rich and Poor Personal Statement Nursing Assignment Help

Expert Solution Preview Introduction: As a medical professor responsible for creating college assignments and evaluating student performance, I play a crucial role in preparing students for their future career as healthcare professionals. I design lectures, conduct assessments, and provide feedback to help students enhance their understanding and skills in

Prepare an Evaluation Table to compare the literature (see Melnyk & Fineout-Overholt, p. 552

Prepare an Evaluation Table to compare the literature (see Melnyk & Fineout-Overholt, p. 552 for the template) that includes the strengths and weaknesses of the literature, and the recommendations for practice based on the quality and levels of evidence presented in the paper. The background should be supported with relevant

For this discussion board, you will write a short analysis

For this discussion board, you will write a short analysis (a minimum of 250 words) analyzing the “Extensive Data Shows Punishing Reach of Racism for Black Boys” by Emily Badger et al. Include at least TWO elements of analysis listed below in your response. Be sure you have read

Prompt 1 “Data Warehouse Architecture” (2 pages): Explain the major

Prompt 1 “Data Warehouse Architecture” (2 pages): Explain the major components of a data warehouse architecture, including the various forms of data transformations needed to prepare data for a data warehouse. Also, describe in your own words current key trends in data warehousing. Be sure to use proper APA formatting