Reference no: EM133376063

Casey Co. is a content creation and development business that you run. From time to time, Casey Co. uses free lancers to help with projects including several large content development projects for Any Co. The most recent project was delivered eight months ago, but it was only released by Any Co. four weeks ago weeks ago. Any Co. received a cease and desist letter relating to a video that was part of that project. The video is intended as a parody of a popular video that has been criticized for promoting stereotypes. In the original video, the band members are on a fictional night out during which they have fun at the expense of ten individuals each of which is presented as a stereotype. For example, the first person they encounter is presented as stereotypical nerd - thick glasses, clothing that doesn't quite fit or match and a stack of books. The second is the owner of a sushi restaurant. At the end of the original video, the band is celebrated as a bunch of lovable jokers that everyone wants to be around. "Q-Pain the lead singer of the band directed the original video. In the intended parody, the individuals encountered are not presented as stereotypes and the band's attempts to poke fun at them are not presented as fun pranks. They are shown as hurtful. At the start of the parody video, deep fake technology was used to make the actors playing the band members look like the band members. However, with each hurtful interaction in the parody, computer graphics were used to make the band members look more and more like monsters. At the end of the parody video, the band is isolated, ignored by everyone and they look like monsters. The same song, as recorded by the band for Record Co., is used for both the original video and the parody video. The cease and desist letter is from the lead singer of the band who goes by the name "Q-Pain". Q-Pain directed the original video. The cease and desist threatens to sue Any Co., and the letter alleges: (i) Q-Pain's image is being used without his consent; (ii) his reputation as director is being harmed; and (iii) his copyright in the the lyrics of the song is being infringed. Record Co. owns the rest of the intellectual property rights in the recording of the song and gave Casey Co. permission to use those parts of the song in the parody video. Any Co. is asking Casey Co. about whether or not Any Co. has all the intellectual property and other rights in the parody video that it needs to defend itself against Q-Pain.

Any Co. is asking Casey Co. about whether or not Any Co. has all the intellectual property and other rights in the parody video that it needs to defend itself against Q-Pain.

You check Casey Co.'s files.

Record Co. gave Casey Co. a license to use the song in the parody, but the license does not cover Q-Pain's lyrics.

You find proper IP assignments and moral rights waivers in place from all but two of the people involved in making the parody. Of the two missing assignment and waiver documents, one of the individuals still works for Casey Co. and the other was fired part way through the video shoot for turning up to the set drunk on the third day of the shoot.

You check for photo/video releases. You find photo/video releases in place for all of the actors in the parody.

The contract between Any Co. and Casey Co. assigns all the intellectual property rights that Casey Co. has in the parody to Any Co. It is silent on moral rights. There is an indemnity for copyright infringement. There is no clause about providing additional support to perfect intellectual property rights, but Casey Co. wants to do what is right. It is important to Casey Co. to be seen as good.

1. What are the legal issues that Casey Co. is facing?
2. What defences might Casey Co. use in response to each legal issue identified?
3. What steps could Casey Co. take cure some of the legal issues?
4. What information should Casey Co. provide to Any Co.?