FINAL EXAM

COPYRIGHT LAW

Golden Gate University Law School

Professors Hiaring and Spelman

May 1998 Exam

THREE HOURS CLOSED BOOK

This exam consists of 30 multiple choice questions and one essay question.

Answer the multiple choice questions on the Scantron form by marking the box representing the MOST CORRECT response. Answer the essay question in the blue book(s).

Clearly mark each blue book with your exam number.

When answering the essay question, be as complete as time allows. More points will be given for demonstrating understanding of the most issues than for giving the "right" answer with little discussion of the issues.

TIME ALLOCATION: Use your time as you see fit. You may go back and forth between the multiple choice questions and the essay. BE SURE TO ALLOT ENOUGH TIME TO FULLY ANSWER THE ESSAY QUESTION.

POINT ALLOCATION: Each multiple choice question is worth 2 points, for a total of 60 points. There are no deductions for missed answers. The essay question is worth 60 points. Thus, the total points are 120 for both parts of the exam.

1998 Copyright Essay Exam

Trotter Press (Trotter) is a publisher of mass-marketed books. Trotter is the exclusive licensee of a book entitled Finding Your Mission in Life, authored by Paul Taglia.

The main character and hero in this "how-to" book is a character entitled Opcit, who is a distinctive, original character which also has a graphic depiction. The book is in an unparalleled success, even making the New York Times Best Seller List in the first four weeks of publication. The book is published by Trotter in hard print copy only.

(1) On the world wide Web, Trotter finds several unauthorized sites which incorporate entire chapters of the book, including graphics.

(2) Also on the Web, Trotter has found a pornographic Web site with the domain name "opcit.com." On this Web site, the character Opcit is depicted in a variety of unauthorized, permuted postures. The Web site includes a large disclaimer that its use of character and its creation of a derivative work is "fair use," because it is humorous.

(3) Taglia has just sent a letter to Trotter, informing Trotter that Taglia is in negotiations with the New York Times to create a Web site which they intend to call "missioninlife.com," and which will include portions of the book. Taglia informs Trotter that he is not asking permission, but is, instead, just keeping Trotter Press apprised of his activities. Taglia says that, as the author, he needs no permission to recycle parts (including whole chapters and graphics) of his works on the Web.

You are an associate in a law firm. A senior partner has provided you with this set of information and asked you to answer the following questions:

(A) Is there a basis for a copyright action(s) against any of the Web site operators, creators or authors? If so, what? What might be their defense? What is the likely outcome and what issues need to be kept in mind in order to protect the publishing asset, Finding Your Mission in Life.

(B) What can be done, if anything, about the most recent letter from Taglia? Does he have the rights that he purports to have? Is there anything that can be done to stop Taglia?

Please provide a written memorandum analyzing the three different fact scenarios detailed above, and providing the senior partner with all necessary analysis in order that she can be prepared to meet with Trotter next week.