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Solution for Business Law 3rd Edition Chapter 9, Problem 1

by Nickolas James
128 Solutions 13 Chapters 13475 Studied ISBN: 9780730305743 Business Law 5 (1)

Chapter 9, Problem 1 : 1.Johnny has created his own website for his...

1.Johnny has created his own website for his restaurant ‘The Lame Duck’. When he designed it he had trouble thinking of interesting and informative content and layout, so he had a look at what other restaurant websites looked like. He then designed his own website. He has now been contacted by Rochelle, the owner of ‘La Rochelle Patisserie’, who claims that Johnny has copied her website, specifically the colour scheme, the font and the menu design. She also claims that he has copied the slogan ‘Every bite is like a kiss from a lover’ from her website. Johnny insists that he did not deliberately copy the La Rochelle website, although it was one of the websites he looked at when he was planning his own. Is the La Rochelle website, including the slogan, protected by copyright law? If so, has Johnny infringed Rochelle’s copyright?

 

Step-By-Step Solution

See Business Lawpp437-452.

 

Issue 1

Is the La Rochelle website, including the slogan, protected by copyright law?

 

Law

Copyright law protects text, images and other forms of expression.

A creation will only be protected by copyright if all of the following requirements are satisfied.

  •                   The creation is a ‘work’ or ‘subject matter other than works’.
  •                   The creation is original.
  •                   The creation is expressed in a material form.

 

Application

The slogan (is/is not) a ‘work’ or ‘subject matter’ because …

The La Rochelle website (is/is not) a ‘work’ or ‘subject matter’ because …

The La Rochelle website (is/is not) ‘original’ because …

The La Rochelle website (is/is not) expressed in a material form because …

 

Conclusion

The slogan (is/is not) protected by copyright law.

The website (is/is not) protected by copyright law.

 

Issue 2

Has Johnny infringed Rochelle’s copyright?

 

Law

Copyright is directly infringed when a person exercises the exclusive rights of the copyright ownerin relation to the creation without the owner’s permission to do so. One of those rights is the right to copy the creation.

Copyright in a creation will be infringed if all of the following requirements are satisfied.

  •                   A substantial part of the creation has been copied.
  •                   There is objective similarity between the creation and the copy.
  •                   There is a causal connection between the creation and the copy.

 

Application

A substantial part of the La Rochelle website (has/has not) been copied because …

There (is/is not) objective similarity between the two websites because …

There (is/is not) a causal connection between the Lame Duck website and the La Rochelle website because …

 

Conclusion

Johnny (has/has not) infringed Rochelle’s copyright.

 

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