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Re: IP Law
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Posted by M. Arthur Auslander on March 29, 2003 at 22:16:44:
In Reply to: IP Law posted by Harris on March 28, 2003 at 01:53:40:
: I am a student at Univ. of Aberdeen in U.K., Like to know what U.S law says about following case-study: : You are the chief executive of Virgin Records. You’ve just signed Britney : Spears to a five-year, fifty-million pound contract. That is a lot of money, : and you need a hit song from Britney right away. Britney doesn’t write her own : music, so you need to find a really catchy song for her: something that will go : to number one, to the top of the music charts. To find this song, you call in : you best song writer, Fritz. “Fritz,” you say, “write for me a really catchy : song for Britney to record.” : Fritz goes home and tries to write a song but the melody and lyrics don’t come : to him immediately. He goes to the local pub looking for inspiration. Nothing : comes to him there. He goes for a walk around the neighbourhood. While he is : walking around, he passes by an open bathroom window. In the bathroom in the : shower is Suzanna, singing away. The song she is singing is really catchy. : Fritz thinks, “This is the song I need.” He listens to Suzanna and memorizes : the melody and some of the lyrics. Then he goes home and writes down the melody : of the song in a musical score and writes down about half of the lyrics, all : that he could remember, and then composes a couple more verses on his own. : Britney records the song and the single is a big success. You sell millions of : copies and the song is played on every radio station. Just as you lean back in : your chair to light up a cigar in celebration, Suzanna comes into your office. : She says, “You stole my song. I made up that song in the shower. I never wrote : it down anywhere, and I never recorded it, but that is my shower song. I’ve : been singing it in the shower every day for months. If you don’t pay me a : million pounds, I’m going to sue you.” : Are you worried about Suzanna suing you over the song? Why or why not? : Specifically answer: : · What rights, if any, are there in the song? : · If there are any rights in the song, how did those rights come about? : · What protection do those rights afford their owner? : Who owns them and how did they come by them? Dear Harris, The answer looks simple, following the question look like a pain. M. Arthur Auslander Auslander & Thomas-Intellectual Property Law Since 1909 3008 Johnson Ave., New York, NY 10463 7185430266, aus@auslander.com ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™ Reality Check®
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