Arbitration

Arbitration Singstealer v. Bandleader Factual Summary knot Singstealer, the copyright bearer of the phone call, well-chosen natal day to You, is suing Bobby Bandleader, Owner of Bobbys Bistro, for unlicenced use of his song (copyright abuse) and reparation totaling 1 jillion dollars. Singstealers claim is that he was never approached by Bobby Bandleader for authorization to use his song and lone every(prenominal)(prenominal) recently did he actually find out nigh the infringement. Bobby Bandleader claims that he has been cantabile this song for 20 geezerhood in his eating place and should not take a induce to turn over for the use of the song or return because some of the lyrics were changed. He claims that it is not the same song as Happy birthday to You and as such should not have to pay to sing it. profound Issues Presented The legal issue presented is whether or not Johnny Singstealer is entitled to damages of 1 million dollars for royalties both past and present for unauthorized use of his song. Secondly, what if whatever licensing fees would be if a licensing agreement can be reached.

Legal Concepts Johnny Singstealers legal strategy: tally to the right of branch publication Act of 1976, Royalties are due for public performance, delimitate as performances which occur at a place subject to the public, or at any place where a satisfying estimate of persons outside of a normal circle of a family and its complaisant acquaintances is gathered. (Anderson, Bruce. Beyond Measure. Attaché. January 2002.) Bobby Bandleader sang Happy Birthday to You on numerous occasions over the past 20 years at his place of emplo! yment, Bobbys Bistro. Bobbys Bistro is a restaurant and therefore is considered a public place. Much of Bobbys tax income is due to the popularity of the song. Since Bobby Bandleader is making money on this song he should have to pay royalties and a licensing fee for any raise use of the song. Bobby Bandleaders legal strategy: According to the national Code of Copyrights- US Code - Section 107: Limitations on easy lay rights:...If you want to get a skilful essay, order it on our website: OrderCustomPaper.com

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