Reference no: EM13337383

ASSIGNMENT 2 - PROBLEM SOLVING 1,500 words

Assignment question:

You are the media officer for a South Australian wine producing company called AAA Wine Company Limited (the Co.). Your current project is the preparation and the promotion and marketing of the Co.’s new product, Lemon Wine. The promotion is through brochures, posters and television advertisements.

The brochures and posters contain photos of lemon groves. Since the Co. does not own any such groves, the photos were taken from photos in a book produced by the famous photographer and author, Homer Pimson. The book contains twelve photos of various fruit orchards and four particularly striking photos were used in the brochure and one in the poster. The photo in the posters was scanned, some parts enhanced, some removed and some colours changed. 

The television advertisements used the posters as background. These advertisements are targeted at the young, unsophisticated wine drinker. They contain scenes of young people, enjoying the drink with friends and apart from the background posters, look very similar to those of a major soft-drink company which manufactures and sells a lemon drink called Lemon Mine. 

Homer Pimson has contacted the Co. and threatens to take an action for breach of copyright against the Co. unless it pays a substantial license fee for use of his photos.

The soft-drink company is considering whether there has been any breach of its copyright.

Explain 

1) The relevant copyright rights and 

2) Whether any infringements relate to the brochures, posters 

and television advertisements and

3) What remedies would apply if there were infringements.