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Identify which of the exclusive rights granted by §106 the copyright holder could plausibly allege have been violated in the following hypotheticals:2
1. Charlotte turns on the FM radio in her office; it is playing a recording of Bob Dylan’s “Tangled Up in Blue”(which you may assume is protected by copyright).3
2. Daniel goes to an exhibition at the Philadelphia Museum of Art, where he sees a sculpture by Klaus Herring entitled “Abstract #33.” [Assume Herring’s sculpture is protected by copyright]. His sister is getting married this coming weekend, and as a surprise, Daniel carves an ice sculpture closely resembling the shape and proportions of “Abstract #33.”4
3. Assume that Motion Pictures, Inc. (“MPI”) owns the copyright in the recently-released film “There Will Be Blood.” Ellen buys a copy of the DVD version at her local video store. Using her computer, she makes a copy of the DVD and sends it to her brother in Canada. She is a high school teacher, and she brings the DVD with her to school one day and shows it to her students.5
4. Fergus buys fifty copies of Ian McEwan’s award winning novel Atonement. [Assume it is a copyright protected work] He gives all of the copies (except one) to his friends and relatives at Christmas. As part of his efforts to learn Italian, he translates the fifth and sixth chapters of the book into Italian. He also writes a song –“There will be no Atonement Anymore”–in which he imagines how the lead character from the novel (Briony Tallis) would have reacted had she visited Las Vegas. He performs the song at a local Philadelphia nightclub6
5. Georgia owns an art gallery specializing in 20th century paintings and photographs. She obtains two large paintings by Jasper Johns and a series of photographs taken by Diane Arbus, hangs them in her gallery, and offers them for sale. [Assume the Johns paintings and Arbus photos are protected by copyright]. She takes photographs of the Johns painting and puts copies of the photograph (a) in her current catalogue (a listing of all art available for sale at the gallery) and (b) on her website.7
6. Herman, CEO of Multiplex, Inc., buys a copy of “The Best American Poetry of 2008.” He is so moved by one of the poems in the collection that he reads it out loud at Multiplex, Inc.’s annual shareholder’s meeting.
August 30, 2014
Professor of Law
Villanova University School of Law
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