Little Timmy opens a business selling frozen yogurt. On June 1, 2016, Little Tim

Question

Little Timmy opens a business selling frozen yogurt. On June 1, 2016, Little Timmy Launches a website for the business. The site is colorful with pictures of his products, and stock photos of nature scens and people. The pictures remain on the website, with the occasional change in pictures of the product itself and sometimes rearranging the photographs.

Big Brad is a photographer who licenses the use of his photographs online and sells copies at art studios across North America and Europe. On July 13, 2017, Big Brad stumbles upon Little Timmy's frozen yogurt website. Big Brad notices that four of the photos are photos that Big Brad licenses through his website .The pictures as they appear on Big Brad's site are:

Those photographs on Timmys site:

Big Brad has been selling licenses to use the photographs since March 1,2015, for $50 each. Big brad registered the photographs at Exhibits A-1, B-1, and C-1 with the US Copyright Office on March 8, 2015. He forgot to register the photograph at Exhibit D-1. Big Brad correcdts that oversight and registers Exhibit D-1 on July 20,2017.

Big Brad is unable to locate any sign that little Timmy purchased a license to use the photographs. On August 15,2017, Big Brad sues Little Timmy for copyright infrigment over the four photographs. Little Timmy raises fair use as his sole defense.

Big Brad cannot find any proof of any decrease in license purchases of the four images since March 1,2015. Little Timmy attributes a fair portion of his business to customers drawn to his physical location by his website. There is no way to connect any of Little Timmy's revenue to Little Timmy's use of any of the photographs.

Questions:

1.Read the statue attached to this Bonus Assigment. What factors should the court consider to evaluate Little Timmy's fair use defense?

2. Based on the information you have, do you think the judge should either (a) rule in favor or against Little Timmy on the fair use defense before trial (e.g., on a summary judgement motion), or (b) let the case go to a trial? Why?

3. Can Big Brad get statutory dmages as to any of the photographs if he wins? Why or why not?

4.Do you think Big Brad would be better off to seek statutory damages or actual damages (lost profits,etc)? Why or why not?

5. What other relief could Big Brad get if he wins?

Explanation / Answer

1.The factors should the court consider to evaluate Little Timmy's fair use defense are as follows:

1. Changes in the Color of the photograph by doing editing.

2. The Little Timmy made some efforts that they have edited the photo and work on them to write some lines.

3. creativity on the photos.

2. Based on the information I have think that the judge should either (a) rule in favor or against Little Timmy on the fair use defense before trial (e.g., on a summary judgement motion). This is because the company has used the copyrighted content for the commercial purposes which made them to earn financial gains.

3. Yes, if Big Brad wins, it gets statutory damages as to any of the photographs because they altered the images which was copy right of other by doing editing them. It is actually illegal.

4.Yes, I think Big Brad would be better off to seek statutory damages or actual damages (lost profits, etc.). This is because the Big Brand had given their time on the photos for the editing it. This actually needs a professional worker to do the work and the expertise skills for which the company paid.

5. If the Big Brad get if he wins the other relief could they get as:

1. Get the payment from the other party so as for their time which has been lost in the court.

2. Other party may not file a case against them without the definite proofs.

Related Questions

Navigate

• Browse (All)
• Browse L
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.