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Internet Law Law Coursework Research Paper Coursework

Coursework Instructions:

Hi.
The questions are listed on the Word.docx.
The cour work need to be submitted by May 8th 1:30 pm.
The 4 quetsions are going to be released on May8th 12:20 (EST) and i need to submit my essay on May 8th 1:40 max(EST).
There are 4 questions and the essay should be how to apply the internet law in random case , which is going to be assigned to me on May8th at 12:20 pm.
When you write the short essay,the internet resource cannot be used in the essay for answering the questions.
All the answer answer should use with pdf/power points that i've uploaded.
I am going to uploade my lecture notes tonight, and i will upload the 4 short essay question on May8th 12:20 pm.

 

Question 1

 

Star Wars Day, May 4, celebrates George Lucas's Star Wars media franchise. Observance of the commemorative day spread quickly through media and grassroots celebrations.  The date was chosen for the pun on the catchphrase "May the Force be with you" as "May the Fourth be with you".  Even though the holiday was not created or declared by Lucasfilm, it has since been embraced by Lucasfilm and parent company Disney as an annual celebration of Star Wars.

This year Disney decided to get in on the Star Wars Day celebration and asked fans to share their favorite Star Wars memories with the hashtag #MayThe4th.  They immediately followed this up with a tweet that contained a link to their online terms of use, and a claim that sharing messages with this hashtag constituted agreement to Disney's use of the user's tweet and twitter handle.

 

  • How does this compare to the typical clickwrap and browserwrap approaches to internet contracts?  Is this a valid contract?  Does this give Disney the right to use any or all tweets that have the hashtag #MayThe4th?  Explain.

 

 

 

Question 2

Mark Boss has a comedy YouTube channel called “The Boss Zone”.  The videos on his channel are skit based originals that focus on modern dating using fictional characters such as “Confident Guy”, “Bawdy Bill” and others.  His channel has over 164,000 subscribers and his videos have over 50 million views in total.  His YouTube channel is estimated to earn around $150,000 per year.  One of his most popular videos is entitled “Parkour Pickup” where the character of “Confident Guy” seduces a girl he meets exercising in a park.

  • What are the six exclusive rights that copyright holders are provided through the Copyright Act?  Why does the Copyright Act provide these exclusive rights to copyright holders?  Does Mark Boss hold copyright over the comedy videos he creates?

COPYRIGHT: Exclusive Rights

Six Exclusive Rights

 

Copyright Owner has Six Exclusive Right

 - A copyright is infringed when one of the six exclusive right has been violated.

 -  Use is NOT one of the exclusive rights.  It is not an infringement of copyright to read a book , watch a movies , listen to a song , etc.

 

  1. 1.     Reproduction- to make copies of the original work
  2. 2.     Derivate  works-  Prepare a work based upon one or more preexisting  works, such as a translation musical arrangement, dramatization, motion picture  version, sound recording, art  reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed , or adapted.
  3. 3.      Public distribution- distribute copies of work to the public by sale or other transfer of ownership , or by rental, lease, or lending
  4. 4.     Public performance -to perform works publicly
  5. 5.     Public display -to display works publicly
  6. 6.     Public transmission-to perform work publicly through digital audio transmission

 

 

 

 

Copyright Owner Has six Exclusive Rights

 

-Notice that the exclusive rights to distribution, performance, display and transmission all reference “publicly “ or “to the public”

 

-  Purely private distributions, displays, and performances are not infringements (Remember, there is no exclusive right to “use”)

 

-To perform or display a work publicly means:

 

  1. 1.      To perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of family and its social acquaintances is gathered; or
  2. 2.      To transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public , by means of any device or process.

 

Analyzing a Copyright Infringement Case.

  1. 1.       Is there someone who is personally doing something prohibited by one of the exclusive rights? This would be a “Direct Infringer”

 

      -Pirate Book Publisher. An entrepreneurial student at SHU realizes that they are not charged for making photocopies in the library. She decides to photocopy a popular textbook that she will then sell for a much cheaper price than the University Book Store.  Is she a direct infringer?  Why? What if she didn’t actually sell any books?(Reproduction Violation/Distribution)

 

  1. 2.      Does the direct infringer have any valid defense?

-Permission of the copyright owner is a license to engage in acts that would otherwise be infringement. License can be express or implied.

-Fair Use   is a complex and case -specific defense that requires the court to balance four factor that favor certain types of defendants (Academics, reviewers, etc.)

-First Sale defense provides that once purchased the new owner is able to distribute  that copy however they choose (1.e , resell, lend, gift, etc)

  1. 3.      Are there any* secondary infringers? 

 

 

 

 

 

 

 

 

Question 3

Fred and Wilma Klang run a popular YouTube channel called “H4H4 Productions”.  The majority of the content they create would be considered “reaction videos”.  The couple view and comment on video drawn from television and other YouTube channels for comedic and entertainment purposes.  They have over 6.5 million subscribers, their videos have over 1 billion views, and the channel is estimated to earn over $3.5 million per year.  One of the most popular videos on the H4H4 channel is a reaction to Mark Boss’ “Parkour Pickup” video, in which clips from Mark Boss’ original video are played and Fred and Wilma interject commentary that mocks the cringe-worthy acting and satirize the underlying sexism to humorous effect.  The 10-minute H4H4 video is comprised of 5-minutes of Mark Boss’ video and 5-minutes of the Fred and Wilma’s commentary and analysis of the clips. 

  • Mark Boss is suing H4H4 Productions for copyright infringement.  You have been asked to represent H4H4, and they wish to pursue a Fair Use defense.  Walk the couple through the four elements of the Fair Use defense and how you feel they will fair overall in this case.

 

Coursework Sample Content Preview:
Question 1
The current context between Disney and users of the hashtag #MayThe4th is an instance of a contract that is made over the internet, and it is regarded as valid since different parties are aware of what they are getting into. It is a “browserwap” agreement since the users are informed regarding the use of the hashtag via the terms and conditions, which are shared as a hyperlink to the company’s website. On the other hand, “clickwrap” agreements involve a situation where the user has to clock on a box to accept the terms and conditions which have been presented. In most cases, the user has to read through the entire document, so the checkbox is not activated until the person reviews all details by scrolling down. However, a browserwrap agreement does not rely on the user clicking on a checkbox or a manifest agreement to the terms and conditions explicitly. This is a valid contract since if the user visits the website, then it means that they have agreed to the terms and are bound by Disney’s terms of service. This means that Disney has the right to use the hashtags as it has stated, and this also depends if the users have express knowledge about the specifics of the terms and conditions. However, if there is a lack of evidence that the user agreed to the terms, then the validity will rely on whether the website made it clear regarding the terms and conditions. In the current case, Disney shared the terms and conditions tweet as the second message, which means that many users could overlook the terms and conditions, and they would choose to share the first message with the Hashtag. Some users will not have knowledge regarding the terms and conditions, like the case Van Tassell v. United Mktg. Grp., LLC, 795 F. Supp. 2d 770, 790 (N.D.Ill. 2011). In this regard, courts can agree to refuse to enforce the agreement by Disney since many users can easily miss it if the initial tweet becomes viral and is shared by many people.
Question 2
The six exclusive rights under that copyright holders are provided through the Copyright Act includes
1.Reproduction- to make copies of the original work
2.Derivate works- Prepare a work based upon other preexisting works
3. Public distribution- share copies of the work publicly
4.Public performance -to perform works publicly
5.Public display -to display works publicly
6.Public transmission-to perform work publicly via digital audio transmission
The copyright holders are provided with these exclusive rights so that they can protect their content. Mark Boss holds copyright since he is the creator of the comedy videos. He has the exc...
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