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Discussion:

A Baltimore artist named Frederick Bouchat designed what eventually became the Baltimore Ravens’ first logo, but the team used the design from 1996 to 1998 without compensating or crediting Bouchat. After Bouchat successfully sued the team for copyright infringement, the Ravens switched to their current logo after the 1998 season.

Despite the Baltimore Ravens changing the logo design, Bouchat sued the Baltimore Ravens several more times, claiming that the Baltimore Ravens continued to use the original logo that he had designed.  Specifically, Bouchart complained that the logo he designed still appeared in highlight reels and in historical photos that were displayed in the Baltimore Ravens’ stadium.

A United States District Court Judge dismissed the suits filed by Bouchat on the grounds that the appearance of the Bouchat logo in highlight reels and in historical photos was allowable under the “fair use doctrine”.

Bouchat appealed to the United States Court of Appeals for the Fourth Circuit, and in December 2013, the Fourth Circuit agreed, saying that the “fleeting and insubstantial” appearance of the logo in the videos and photos did not amount to copyright infringement. “Society’s interest in ensuring the creation of transformative works incidentally utilizing copyrighted material is legitimate no matter who the defendant may be,” the court wrote.

What is the “fair use doctrine” and what interests are the “fair use doctrine” intended to protect?

Your response should be at least 200 words in length.

Question 1

In which of the following orders of ascending strength may trademarks fall?

Question 2

Real property ownership includes airspace above the land, water rights flowing across or beneath the land, and __________.

Question 3

What are the three basic types of property?

Question 4

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research?

Question 5

Which of the following is TRUE regarding trade-secret protection?

Question 6

Bobby took a number of wedding photos at Jill’s wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom, right-hand corner the necessary information, which showed that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken, and she requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without Bobby’s permission. When Bobby refused to give Jill permission to make copies, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use, and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill’s claim that damages for copyright infringement are unavailable?

Question 7

Which of the following criteria must be satisfied in order for a patent, other than a design patent, to be granted?

Question 8

 Which of the following are estates that do not include the right to possess the property?

Question 9

Which of the following is TRUE regarding whether the shape of a product or package may be a trademark?

Question 10

Bank accounts, stocks, and insurance policies are examples of which of the following types of property?

Question 11

In the Unit III Lesson, we stated real property or “realty” is land and everything permanently attached to it. That seems like a simple concept. Explain how the idea of mineral rights can impact you as a business person. Include information from our Unit Lesson and your personal experience. Your response should be at least 200 words in length.

Question 12

In the Unit III Lesson, we explored Article I, Section 8, Clause 8 of the United States Constitution. The creators of intellectual property have some protection. Explain what you view as threats to intellectual property in today’s world economy. What are some examples where intellectual property is threatened? What are some protections in place to give creators of intellectual property some protection? Your response should be at least 200 words in length.