Law

Business Law Assignment Legal Analysis General Instructions

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Assessment Type

Assignment

Word Count

2250 words

Subject

Business LAw

Deadline

3 Days

Assignment Criteria

The document must be double line spaced.

A COVER SHEET MUST BE INCLUDED 

Word Limit and Referencing

The word limit is  1750 words.  The word count does not include headings, footnotes and list of references. However, footnotes must only be used for referencing purposes and must not contain any lengthy text or discussion. The ability to write clearly and succinctly is an essential business skill. Please check the word count before submission.

PENALTIES FOR WORD COUNT:  Students must not exceed the word count on any assignment.  Penalty for going above the word count is 5 marks per 100 words, or part thereof. 

Extensions

An extension will only be granted in the event of illness or bereavement, supported by evidence such as a medical certificate, in accordance with University policy. A request for an extension on these grounds and supported by evidence must be made by email to your tutor prior to the assignment due date. Requests received after the due date will not usually be granted Work, study load, other assessment due dates and family responsibilities are not grounds for an extension. All students have demands of this kind. You are expected to balance and prioritise your commitments so you submit your assignment on time. Unless a formal application for extension of time has been granted prior to the assignment submission date, the penalty for late submission set out below will be applied. This is in fairness to all students. Please note that marked 
assignments cannot be returned to the class until assignments granted extensions have been submitted and marked. For this reason extensions of no more than 5 days are usually granted. In fairness to the class as whole, no assignment will be accepted for assessment if submitted more than 7 days after the assignment due date.

Writing and Style Guide

The ability to write well is an essential skill for the practice of law and in business. You will be assessed on the clarity and accuracy of your writing. It is important, therefore, to write in clear, short sentences, to use words accurately, to always use punctuation and to use headings to guide the reader. Make sure you use appropriate authorities (cases and/or legislation) to support your statements. All your written work should use the style set out in the Australian Guide to Legal Citation, published by the Melbourne University Law Review Association OR you can use the Harvard system, or a combination of the two. All we ask is that any assertions are referenced adequately and acknowledgements are given. 

Avoid plagiarism 
Plagiarism can have serious adverse consequences at the University and may affect your future career. For further information, please see below under 'Academic Integrity' Connection website at unisanet.unisa.edu.au

Late Submission

A penalty of 5 marks will be deducted for each calendar day the assignment is late, unless a formal application for extension of time has been granted prior to the assignment submission date via Learn online. This is in fairness to the class as a whole and to encourage on time submission, which will be expected of you on the job as part of your professional responsibility. Please note that any application for formal extension on medical or bereavement grounds supported by evidence can only be granted in accordance with university policy. 

Submission 
The assignment must be submitted online as a Word document (not a pdf) and must include your name and UniSA student ID number as the file name. Follow instructions with the assignment. No Resubmission.   Students who fail this assignment are not permitted to resubmit or redo the assignment. 

Return of Assignments 
Your assignments will be marked and returned to you after marking and/or moderation is completed. Assignments will be returned online to you within two to three weeks.

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Assignment Solution

Solution 1

The Issue

The main issue:

  1. Whether there exists any copyright in the original video?
  2. Whether Don has infringed the copyright?

Law

The Copyright Act 1968 is applied. 

The work created by authors and creators is protected under the Copyright Act 1968. Copyright provides rights to publish/control/perform the work of the creator. Copyright protects the expression of an idea and not the idea itself. So, a copy of an idea is not a violation of copyright. The Act 1968 covers work of literary, music, dramatic, art, sound recording, performances and films.

As soon as an expression is given to an idea, then, automatic copyright is provided to such an expression. The owner has monopoly rights against such copyright and includes, right to impose restrictions on the copy of such work, recording, communication, a sound recording of the performance and moral rights of such copyright work. If any person records the performance or record unauthorized recording or puts the same online, then it is an infringement of such copyright work. However, there are few acts which are exempt from the protections of copyright such as, reading news, sport's events, the participation of performance, etc.

Application

The performance of the 'The Fab Four' is recorded and put online. Don downloads the video, mixes the same and uploads the same on a social page.  

Now, The game is a sports game and competition and is thus does not comes within the preview of the Act 1968. The audience has a full right to record such performances. Thus, Paul manager of the Fab Four) cannot sue when the first recording of the performance is made. 

Also, Don had not copied the expression but has copied the idea when the video was first recorded and expressed the same in a different form. 

So, there is no copyright infringement in any of the cases.

The Conclusion

The copyright in the original video is owned by the first recorder. Also, Don has not infringed the copyright as the expression of an idea is totally different from what is originally copied.

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