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CMR 108 Miami University Intellectual Property Personal Property & Bailments Paper

CMR 108 Miami University Intellectual Property Personal Property & Bailments Paper

Question Description

Q1: You are interviewing with In the Hat Design to be its new Digital Marketing Manager. The company is concerned about the copyright protection of the digital content that it creates.

1. Explain to the interviewer what federal law protects digital content and the four key elements of the law.

2. Why are these elements considered important to protecting the content? What is it about the digital age that required Congress to make changes to the copyright laws?

Your response will determine whether you get the job or not.

Q2:Mel is having a bad day. He got fired from his job and decides to go to Hamilton Bookstore to buy a job search book.

On the public sidewalk, he sees a garbage can and defiantly strips off his tie and throws it in the garbage can, vowing never to wear a tie again.

While stripping off his tie, Mel unknowingly causes his money clip (holding his cash and credit cards, but no ID) to fall out of his pocket as he was walking into the store. Assume that the money clip fell on the public sidewalk.

In the store, while looking through the Career section, Mel takes off his suit jacket and lays it on a nearby chair.

Not finding anything he wants to buy, Mel leaves the store and goes home in a stupor to contemplate his future.

As Mel is leaving, Howie walks in. He notices the tie in the garbage can, grabs it, and puts it on. He then notices the money clip. He grabs that as well and puts it in his pocket. While walking to the Home Improvement section, he passes the Career section. Noticing Mel’s jacket on the chair, he tries it on and realizes it is a perfect fit (and matches the tie he just put on).

1. What is the goal of the law in these circumstances?

2. How does the law resolve the ownership rights in each of the tie, wallet, and jacket? Identify what each item is called in legal terms. Explain why. Also, who has ownership rights in each item?

Q3: 1. What are the three main elements needed for a gift?

2. What is the primary difference between a contract and a gift (i.e. what is necessary for a contract that is not necessary for a gift)? Give an example of each.

3. What is the primary difference between a bailment and a gift (i.e. what is necessary for a gift that is not an element of a bailment)? Give an example of a bailment?

Q4: Think back to IRAC (issue, rule, analysis, conclusion. McDonald’s has registered trademarks for “Mc” and “Mac” and “Big Mac.” A new restaurant known for its macaroni and cheese dishes wants to trademark “You’re the Mac to My Cheese.”

1. Does McDonald’s have a good case? Please explain with IRAC.

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