View attached explanation and answer. Let me know if you have any questions.
Question One
a.
Mr. Cooper files his lawsuit in federal court? Does the federal court have jurisdiction?
Explain.
Yes, the federal court has jurisdiction over the cases. It is only limited if the dispute involves the plaintiff
and a defendant from different states.
b.
We discussed three main forms of intellectual property. List all three, followed by the
elements that make up each.
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Patents -used to protect processes or ideas resulting from inventions. It is characterized by
conceptualization, invention disclosure, costs, and maintenance.
• Trademarks- used to protect color schemes, smells, sounds, symbols. Phrases and words. Some
of its elements are costs and procedures.
• Copyrights – protection and rights over artistic or literary work. This includes technical drawings,
computer programs, films, paintings, or music.
c. What form of intellectual property will Mr. Cooper claim was infringed in his lawsuit
against Drake?
Mr. Cooper claims copyright infringements.
d. How long does protection last for this form of intellectual property?
As long as the author is alive and 70 years after his death.
Question Two
a.
List the elements of the specific test the courts will use to determine whether or
not infringement of this particular form of intellectual property occurred in the Copper v.
Drake lawsuit?
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b.
Amount copied
Nature of the work
Effect on market
Purpose and character of use
Acting as Mr. Cooper’s advocate, apply facts to this test to make the case that Drake
did infringe.
The defendant has produced work that is too similar to that of the plaintiff. The nature of the work is
similar, and there is more than 90% similarity of his work to that of the plaintiff. The copyright
infringement also affects the markets by diluting the competitiveness of the plaintiff’s work.
c. Acting as an advocate for Drake, apply facts to this test to make the case that he did
not infringe on Mr. Cooper’s rights.
The defendant is in no way infringing the copyrights of the plaintiff’s work. No word for word can be
seen in the defendant’s work, and the lyrics are mere resemblances. The structure in which the lyrics are
used is different, and no effect of fair use can be found. Nonetheless, the defendant was not aware of
any work from the plaintiff, which excluded him from possible copyright infringements.
Question Three
For this question imagine Drake claimed “fair use” as a defense to Mr. Cooper’s claim of
intellectual property infringement.
a)
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What are the elements of the fair use test?
Amount copied
Nature of the work
Effect on market
Purpose and character of use
b) The elements of the fair use test must be proven by the plaintiff. Which of the four elements of this
test will be hardest for Mr. Cooper to prove. Explain.
The effect on the market would be difficult to prove. This is because the plaintiff cannot quantify the
actual amount lost from the cop…
