Module 4: Writing Assignment

Question 1 (30 points)

Plaintiff Cindy brings a copyright infringement claim against Delight network, a premium channel and streaming service that creates original content. Delight hired Cindy, an academic, to come on set and advise on the realities of being a prosecutor in New York City. The show wanted to make sure its scenes were as realistic as possible. Cindy was the perfect fit. In addition to serving as a prosecutor out of the Southern District of New York, she wrote an academic-centric novel focused on a high-powered prosecutor. The show took her advice and allegedly copied some generalizations — like gender, sex, skin color  — out of the character out of her book. Overall, the show’s version of the prosecutor’s mannerisms, style, language, and alpha expressions were not substantially similar to the plaintiff’s creation. Does Cindy likely have a successful copyright infringement claim? 

Question Two 

Part A. (15 points)

Please draft a complete legal rule for Fair Use. You may use more than one sentence. Although, it is not required. Be sure to list all the elements. However, you do not need to define each element. For example, it is okay to write, “the nature of the copyright work.” Again, you do not need to define it any more than that. (Does your copyright rule above resemble this same completeness, unlittered by facts?)

Part B (15 points) 

Is an author safe to use less than 10 percent of another’s author’s copyrightable work under the fair use defense? Why or why not? Use IRAC. You may copy and paste all or the relevant portion of your fair use defense above. BUT you must provide additional rule information this question invokes. In other words, do not just list the relevant fair use prong and stop. You must define it. Your application section may use a made up example or actual case law facts to support your single sentence conclusion.  

Question 3

Part A (15 points)

Please define Trademark. A single sentence is sufficient. I’m not asking for what constitutes infringement, how to register it, etc. Again, I only want the definition of a trademark. 

Part B (15 points) 

Can you think of a time that a brand’s trademark confused you in the slightest? If not, Google around. Should your example, in fact, be considered a Trademark violation? Why or why not? You do not have to use IRAC. Three to five sentences is fine. Don’t overthink this. I just want your mind wrestling with the million different ways to easily create (or infringe) on a trademark.