Essay Title: 

International business law

March 24, 2016 | Author: | Posted in law


Question 1

Bob , a student and part-time tutor for ABC Pty Ltd , together with their office managers are copying music CDs using the company ‘s equipment ABC , located in state A , was founded in 2003 with capital provided by Alphabet Ltd , located in state B . Although ABC is now self-funding , it still utilizes the services of staff seconded from Alphabet

Big Bucks Pty Ltd , located in state A , has discovered that this copying of CDs is taking place and has requested that we advise them on possible action in respect [banner_entry_middle]

of breach of copyright and , if such a breach has occurred , who or what party is responsible

Relevant laws

In our view , there are three areas law and regulations that applies in this case . The first of these is the Copyright Act (1976 , including the addition of the Audio Home Recording Act of 1992 . This will be relied upon in determining whether copyright has been breached and to what extent the employer is responsible . Secondly , and linked to the first is the international legislation , as laid down within the Paris Act (1971 . The third aspect is that of successor liability as it relates to corporations . By examining this area , we will ascertain who can be held responsible and whether Alphabet , as a substantial shareholder of ABS can be joined in the case in the event of employer liability being proven

Section 1101 (2 ) of the Copyright Act , prohibits the copying and distribution of recordings without the express permission of the author or their agents . This includes the illegal downloading of music from the Internet , where the copyright owner ‘s permission , normally granted in exchange for payment , has not been given . Similarly , it includes the copying of purchased CDs . There are exceptions to this rule , as outlined within a provision called fair use ‘ which can include such situations as educational purposes . However , as Jim Burger , former Chair of the Information Technology Industry Council ‘s Proprietary Rights Committee , commented in his interview with the Washington Post (2003 the law is not clear on this particular issue . This fair use ‘ relates to making copies of originals for private use , such as a copy of a CD for use in the car , where it is clearly for personal use and not sharing

In addition to the person who directly infringed the copyright , others can also be held responsible for their contribution to the act . There are two forms of liability , known as contributory infringement and vicarious liability (Edward Hernstadt 2003

Contributory infringement occurs where a person , corporation or other entity substantially contribute to the copyright infringement of another party . One of the most notable cases is A M Records v . Napster Inc Here it was adjudged that Napster would have been aware that people would use their site for the purpose of downloading music and infringing copyright . Vicarious liability can be attributed to an employer or person , who may gain from an infringement , and where such person or entity has the capacity and… [banner_entry_footer]

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