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Marketing Law

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Slide 1 | | | Slide 2 | | | Slide 3 | | The manufacturer, FJ wants to use the painting on some of its other products (tinned fruits, dried fruits) and on a range of novelty items that it sells. These items include a chef’s apron, fruit bowls and T-shirts but Micki was not told about these uses. | Slide 4 | | | Slide 5 | | Copyright subsists in the painting because it is an original artistic work. The owner of an original work had certain exclusive rights in relation to the work including the right to authorise others to make copies of the work upon terms. The first issue is to determine who owns the copyright. If micki owns the copyright, the second issue is what usage rights Ritzy and FY have. | Slide 6 | | Author of work: Person who creates the original expressions not the person conceived the idea.Qualified person: Australian citizen as well as person resident in Aust. | Slide 7 | | Micki is the creator of the painting. Thus, she is the author of the work | Slide 8 | | | Slide 9 | | READ UP THE CASE: Edsonic Pty Ltd v Cassidy (2010)!!! * Is the author an employee?NO! * If author is employee, was the work pursuant(created according) to the contract of employment? Section 35(6) provides:where a literary , dramatic or artistic work to which neither of the last two preceding subsections applies, or a musical work, is made by the author in pursuance of the terms of his or her employment by another person under a contract of service of apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of this part. | Slide 10 | | A contract of service is an agreement where one person agrees to employ another as an employee and the other agrees to serve his employer as an employee. Under a contract of service, the employer must contribute to CPF and provide relevant statutory benefits such as annual…...

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