Laws310 - Week 3 Assignment

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Singstealer vs. Bandleader (Your Name) LAWS310 September 19, 2011 Singstealer vs. Bandleader Summary of the Facts of the Case: Bobby Bandleader has been singing his own version of “Happy Birthday To You” for over twenty years at his restaurant, and it has contributed to his success. Bobby’s version of the song uses the same tune, but different wording. Johnny Singstealer owns the copyright to “Happy Birthday To You”, and the copyright is valid. Johnny discovered that Bobby Bandleader is using his song, and has sued Bobby for copyright infringement and is seeking $1M in damages, as well as an injunction against further performances by Bobby. Legal Issues Presented: Both parties have asked for arbitration on the matter of copyright infringement, damages, and an injunction against further performances of “Happy Birthday To You” by Bobby Bandleader. The court will determine if Bobby Bandleader’s rendition of “Happy Birthday To You” infringes upon the copyright held by Johnny Singstealer, and if any damages ($1M) have been sustained, as well as if an injunction to prevent Bobby Bandleader from performing the song in his establishment will be issued. Legal Concepts: The following opinions are based on the copyright laws of the United States which are encoded in Title 17 of the United States Code ("Copyright Law of the United States," n.d.). * Bobby Bandleader infringed upon the copyright of Johnny Singstealer according to Section 501(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122… * Bobby developed his own version of “Happy Birthday To You”, however, he kept the same tune but changed the wording. This is considered a "derivative work" of the copyrighted song according to Section 101, Definitions. * Bobby performing his rendition of the song in his restaurant is

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