Reference no: EM133203818

Case: Brandon Cooper is a rapper who dropped (released) a song three years ago called I Love Your Dress. Drake, another rapper, just this month dropped a song called No Guidance. Mr. Cooper claims that Drake straight up jacked (infringed) on his intellectual property rights. Mr. Cooper alleges in his complaint that the beat, lyrics, hook and rhythmic structure of his song demonstrates that Drake is a thief. Specifically, Cooper claims his track (song) has the lyrics ... "She got it; she got it" repeated 16 times while Drake's has "You got it, girl; you got it" at least 11 times.

Drake is outraged by the allegation that he infringed Mr. Cooper's intellectual property rights. Drake calls his friend, private detective Harry Boshe, to ask him to do some digging to find dirt on Mr. Cooper. Harry says it will cost $50,000. Drake gives Harry a check for $50,000. Harry gives the check to his assistant, Ruby, with instructions to deposit the money into a special account just for this job. Ruby deposits $40,000 in the "Drake" account, and puts $10,000 in an account for "janitorial supplies." She begins writing checks from that account to a business she formed called Office Cleaners Plus. She does no cleaning. She uses that money, without Harry's knowledge, to pay for vacations and jewelry. Harry finds out about this and calls the police.

The police go to Ruby's home to question her about the matter. They ring her doorbell. Ruby opens the door and shrieks, fearing an impending arrest. She slams the door and runs towards the back of the house. The police officer kicks open the door and races in after her. He reaches her just as she is about to set on fire the set of books showing the money stolen from Harry. At Ruby's criminal trial the state introduces as evidence the partially burned books.

Later that evening Drake gets a call from his housekeeper, Julia. She's not happy. She reminds him that throughout the month of July that, in addition to the housekeeping work she performed for him, she also took care of Drake's dogs. This was not part of her responsibilities laid out in the contract she has with him. Drake apologizes. He promises to mail a check to her the very next morning for $5000.

Meanwhile, Harry, the private detective, is having a difficult time paying his bills due to Ruby's actions. Weighing heavily on his finances is $150,000 in student loans, and an earlier $1,000,000 court judgment against him for injuries he caused in a drunk driving accident. He plans to file for bankruptcy.

Question 1:

a) Mr. Cooper files his lawsuit in federal court? Does the federal court have jurisdiction? Explain.

b) We discussed three main forms of intellectual property. List all three, followed by the elements that make up each.
c) What form of intellectual property will Mr. Cooper claim was infringed in his lawsuit against Drake?
d) How long does protection last for this form of intellectual property?

Question 2: a)List the elements of the specific test the courts will use to determine whether or not infringement of this particular form of intellectual property occurred in the Copper v. Drake lawsuit?
b)Acting as Mr. Cooper's advocate, apply facts to this test to make the case that Drake did infringe.
c)Acting as an advocate for Drake, apply facts to this test to make the case that he did not infringe on Mr. Cooper's rights.

Question 3:

For this question imagine Drake claimed "fair use" as a defense to Mr. Cooper's claim of intellectual property infringement.
a)What are the elements of the fair use test?
b)The elements of the fair use test must be proven by the plaintiff. Which of the four elements of this test will be hardest for Mr. Cooper to prove. Explain.
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Question 4: This question concerns Ruby's encounter with the police following Harry's report of missing money.
a)Which crime will Ruby most likely be charged with?
b)What are the elements of this crime?
c)Apply facts to each element of this crime. You're an advocate for the government here.

Question 5:  a)What is the burden on the prosecution when proving guilt? How is this different from a plaintiff in a civil trial?
b)Does a jury need to be unanimous with its verdict in a criminal trial? Explain.
c)As we know, one wrongful act can, in some cases, be both a civil and a criminal matter. In such a case, which typically goes to court first? Explain.

Question 6:  a)If you represented Ruby as her attorney, which constitutional amendment might you use in an attempt to exclude the book from being admitted at trial?
b) Exceptions exist to the rule that requires a warrant before searching one's person or property. Who came up with these exceptions?
c)List four of these exceptions.
d)Does one of these exceptions apply to Ruby's case? Explain.

Question 7:
Contracts can be classified as express, implied and quasi. Drake's agreement to pay Julia $5000 for taking care of his dogs is an example of an express contract.
a)List here the elements that make up an express contract.
b)As Julia's advocate, apply facts to each element to make the case that an express contract exists. (For now, put aside any defense Drake might have.)
c)Now act as Drake's advocate. What is his best defense to Julia's claim that an express contract exists?

Question 8:
a) Which form of contracts must be in writing to be enforced by the courts?
b) Does the contract between Julia and Drake need to be in writing to be enforced? Explain.

Question 9:
In your own words, in four sentences or fewer, what is the difference between Chapter 7 and Chapter 11 bankruptcy?
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Question 10:
a)Is bankruptcy law the jurisdiction of the federal courts or the state courts? Explain.
b)Would you recommend that Harry file Chapter 7 or Chapter 11 bankruptcy? Explain.