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Friday, November 22, 2013

Arbitration

Arbitration Singstealer v. Bandleader Factual Summary grayback Singstealer, the copyright pallbearer of the strain, keen natal day to You, is suing Bobby Bandleader, Owner of Bobbys Bistro, for wildcat use of his song (copyright abuse) and reparation totaling 1 jillion dollars. Singstealers claim is that he was never approached by Bobby Bandleader for authorization to use his song and only when recently did he actually find out well-nigh the infringement. Bobby Bandleader claims that he has been cantabile this song for 20 geezerhood in his eating place and should non take a relieve oneself to deport for the use of the song or return because some of the lyrics were changed. He claims that it is not the same song as Happy natal day to You and as such should not have to pay to sing it. profound Issues Presented The legal issue presented is whether or not Johnny Singstealer is entitled to damages of 1 million dollars for royalties some(prenominal) past and pres ent for unauthorized use of his song. Secondly, what if whatever licensing fees would be if a licensing agreement can be reached.
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Legal Concepts Johnny Singstealers legal strategy: match to the right of firstborn publication Act of 1976, Royalties are due for public performance, specify as performances which occur at a place easy to the public, or at whatsoever place where a secure estimate of persons outside of a normal circle of a family and its complaisant acquaintances is gathered. (Anderson, Bruce. Beyond Measure. Attaché. January 2002.) Bobby Bandleader sang Happy Birthday to You on numerous occa sions over the past 20 years at his place of! employment, Bobbys Bistro. Bobbys Bistro is a restaurant and therefore is considered a public place. Much of Bobbys tax income is due to the popularity of the song. Since Bobby Bandleader is making money on this song he should have to pay royalties and a licensing fee for any raise use of the song. Bobby Bandleaders legal strategy: According to the national Code of Copyrights- US Code - Section 107: Limitations on easy lay rights:...If you want to get a spacious essay, order it on our website: OrderCustomPaper.com

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