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Case Study: Business Law

Decent Essays

1. Who owns the copyright in the photo of Ms McFamous posing with the portrait of her by Ms Paints? Explain.
Ms. Celebrity owns the copyright. The general principle is that copyright protects works of artistic craftsmanship. Owning an original work such as a painting does not mean that you own the copyright of the work, copyright ownership remains in the hands of the artist unless the work was commissioned for “private or domestic use”, if taken for any other purpose; commercial shots etc., then the artist owns copyright unless otherwise agreed. In this case the painting has been commissioned for “private or domestic use” as it is a self-portrait, thus giving ownership to Ms. Celebrity.
2. With respect to TON, discuss:

a) Whether TON has …show more content…

3. Discuss copyright in the close up photo Phillip took of the portrait of Mcfamous.
With permission from the copyright owner, Ms Mcfamous, the photo had been taken based on the principle of fair dealing for review and therefor Phillip is exempt from copyright infringement providing that acknowledgement is given to the creator and the title of the work.

4. How do you think the legal principles in this topic will apply to your future career?
In regards to my future career, copyrights will be a way to protect my work, and in the sense of licensing, a way to make money. Copyright gives me the right to reproduce my own work and to show it publicly. By general principle it’s understood that I am the owner of the copyright of my work unless expressed otherwise by way of; employment, contract, or by commissioning works for the intention of “private or domestic use”. By assigning a copyright to another party in writing I would be handing over ownership, and by licensing copyright I would be selling some or all of the exclusive, sole, non-exclusive or implied rights to which common terms would have to be agreed

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