Question 1.
The federal law and its four key elements
The federal law that offers protection to digital content is known as the Copyright Act of 1976 (Copyright office,2020). The use of digital content without the consent of the owner is known as copyright infringement. The federal law that decides a party has committed copyright infringement or is not known as the Copyright Act of 1976. According to Stim (2020), the law has four elements that must be proven for a party to liable or not liable for copyright infringement:
- Purpose of use: If the party has used the content for commercial and education goals to gain profit, then the party has violated the law.
- Nature of the content: if the party used unpublished work, then he or she used the work fairly and did not violate the law.
- The portion of the work used: if the party used a large part of protected work, then the party violated the law. The use of a small part is considered fair.
- Effect of the use: if the application had decreased the value of the work in the market, then the party has violated the law. If not, the purpose was fair and legal.
Benefits of these elements
This element was established to ensure justice is served for both a plaintiff and the defendant in a copyright infringement lawsuit. In other terms, each element prevents unjust enrichment to each party in the case. This explains why each element reveals factors that must be considered to determine the fair and unfair use of copyright-protected digital content.
Question 2.
- What is the goal of the law in these circumstances?
The main goal of the law is to ensure that all individuals can live peacefully. Critically, there are four significant functions of laws across the globe, and they include the following. Maintaining order, resolving conflict, establishing standards, and finally, protecting the rights and liberties of individuals. Mel’s case is one of the most important uses of the law, and it would be essential in solving the conflict that arises when the other individual picks up his property (Khalid et al. 47). All persons are supposed to be responsible when they encounter such a situation and report to the necessary authorities what they found. Howie decided to keep the goods, and the intention to steal can be established.
- How does the law resolve the ownership rights in each of the ties, wallets, and jacket? Identify what each item is called in legal terms. Explain why. Also, who has ownership rights in each item?
Ownership rights define who holds the title to the property. Critically, this is an intricate part of property law and has been used over time to know who the real owner of the property is across the globe. Possession of stolen goods is a crime in many jurisdictions around the world. Critically, various means can be used to determine the person who holds the title to goods (Khalid et al. 49). It is essential to note that products found the garbage bin cannot be considered to have a real owner.
On the other hand, the money belongs to Mel, and this can be determined through CCTV cameras. Finally, the jacket’s ownership can be determined through cameras in the store. Howie can be charged with taking possession with Intent to steal.
Question 3
- What are the three main elements needed for a gift?
The three main elements of gifts are Intent and capacity of the donor, Delivery to the done, and acceptance by the done. The Intent and capacity of the donor mean that the donor must be of legal age that is 18 years and above and must be willing to transfer the Gift to the done, and it can be proven through statements, conduct, or in writing.
Delivery to the donee is a crucial element as it allows physical movement of the Gift, and it can either be symbolic or through conduct. Acceptance by the done is the act of affirmatively accepting the Gift without any undue influence.
- What is the primary difference between a contract and a gift (i.e., what is necessary for a deal that is not necessary for a gift)? Give an example of each.
A contract is an agreement between two or even more parties for doing or not doing of the terms specified. At the same time, Gift is the transfer of money or asset from one person to the other without receiving anything in return. Contracts must have expected outcomes as those are the foundation of such an agreement. The Gift does not have any obligation placed on the receiver.
An example is when a father gives a car to his son as Gift without gaining in whosever way and no conditions placed (Gift). A similar example is when a father provides a car to his son to facilitate his movement to and from schools (Contract). There is a thin line between a contract and a Gift, as illustrated in the example.
- What is the primary difference between bailment and a gift (i.e., what is necessary for a gift that is not an element of a bailment)? Give an example of a bailment?
The Gift is the transfer of ownership of money or asset from one person to the other. In comparison, a bailment is a relationship where there is the physical transfer of assets or property from one person to the other. Still, the holder of the property or asset is not the legal owner but instead holds the goods in trust for specific purposes.
An example of bailment is a case of a father having a vehicle in his garage which he does not use and his son request to use the car. The father will transfer the possession of the car to his son, but the legal ownership will remain with him.
Question 4.
- Does McDonald’s have a good case? Please explain with IRAC.
The issue in the case stems from the fact that McDonald’s has copyrighted the word MAC. Critically, copyright law is meant to protect inventors and innovators from people that might want to copy their ideas. On the rule, the Copyright Act of the year 1976 in the United States is meant to protect businesses and people from those that might want to copy their ideas. Chapters 9, 13, and 17 of the law contain regulations that can protect businesses from the exploitation of their trademarks for monetary gain (Ringer 477). McDonald’s has registered under the law and is therefore liable to get protection from the government.
In the analysis of the issue, it is vital to note that there are various methods that the company can use to enforce the point. First, the business can write a notice to the defendant and make them aware of the fact that the word MAC is copyrighted. Furthermore, the two businesses can decide and agree on terms of usage, allowing the defendant to use the term. Many businesses across the globe have reached similar agreements, and they usually involve monetary consideration or other types of gain (Ringer 477). On the other hand, if the other business decides to ignore those issues and goes ahead to using the word MAC without reaching an agreement. A case can be filed in a court for consideration. Recent times have seen a rise in such high profile cases, with the Apple Company being the latest victim.
In conclusion, the Copyright Act of 1976 ensures that original ideas are protected in the United States. The law has undergone numerous modifications over time, but the most significant thing is the fact that it protects the interests of inventors and businesses. McDonald’s can bring a suit against the business that wants to use their trademarked word MAC or use other out of court measures to settle the issue.
Works Cited
Khalid, Abda, Ingrid Nyborg, and Bahadar Nawab Khattak. “Whose property whose authority?
Gendering the legal and customary practices in ownership and access to land: A case of Swat, Pakistan.” Journal of Rural Studies 41 (2015): 47-58.
Ringer, Barbara. “First Thoughts on the Copyright Act of 1976.” NYL Sch. L. Rev. 22 (1976):
Stim, R. (2020). Measuring Fair Use: The Four Factors. Retrieved 24 January 2020, from https://fairuse.stanford.edu/overview/fair-use/four-factors/
Copyright Law of the United States | U.S. Copyright Office. (2020). Retrieved 24 January 2020, from https://www.copyright.gov/title17