Case Essay

646 Words Jan 27th, 2016 3 Pages
Siyu Zhang

Case 2


Paperback writer

The professor’s book title, Criminal Intent, does not have any kind of legal protection. In order for literary or artistic expression to be protected from copying it must meet three requirements by law. The requirements for obtaining legal protection on this kind of material include the following: it must be original, it must be fixed in a durable medium, and it must show some level of creativity. In this case, Criminal Intent was obviously published in a durable medium; however its level of originality and creativity are minor at best. On the other hand, the titles of the Rolling Stones songs are entitled to legal protection. First of all, titles such as Honky Tonk Woman and 19th
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Trade secrets are legally protected from wrongful acquisition, and my professor has clearly acquired this information in an underhanded way; therefore, the content of his newly written books is stolen property. The Economic Espionage Act also made theft of trade secrets a federal crime.
My professor changing his name to William Bernhardt would constitute infringement against a trade name. Trade names have the same protection under law as a trademark. Infringement is defined as the unauthorized use of a mark that would likely confuse consumers as to the origin of goods and services. My professor’s obvious intent was to use a popular author’s name in order to promote the sale of his own books; this caused confusion in the market, and, therefore, his actions were illegal. Had my professor simply changed his name and not published any books using it, there would have been no confusion and no legal infringement.
There are protected uses of copyrighted material under Fair Use guidelines. Under these guidelines, we consider the nature of the protected work, the purpose/nature of copying, the extent of copying,

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