1.Review the case of Winstead v. Jackson on page 99. Discuss the court’s analysis and decision in the case and whether you agree with the decision. o Requirements: 250 words minimum initial post,
2. A plant worker was ordered to climb a ladder to the top of a tower to perform maintenance. He fell when a ladder rung gave way and was injured. The employer argued the worker assumed the risk since the ladder was clearly old, rusty, and in poor condition. Using the information on pages 83 – 85, does their claim have legal merit?
o Requirements: 250 words minimum for each question
Answer preview
I agree with the court’s decision in the copyright infringement proceedings pitting the plaintiff, Winstead, against Jackson, the defendant. The court reasoned that a claim of copyright infringement could only succeed if there is substantial similarity between the infringing work and the copied work. The decision was correct because numerous common themes thrive in the creative industry. Therefore, it is not feasible for one to copyright such broad, abstract concepts. Copyright should only serve to protect the unique expression of an idea through specific words instead of preventing other people from creating similar themes. The court was right because the copyright doctrine must be enforced with restraint to prevent people from abusing it to curtail other people’s expressions.
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