Part 1: Answer the following question (10 marks)
(b) Plaintiff Leslie Kelly, a professional photographer who has copyrighted many
of his images of the American West, licenses those images to other Web sites.
Defendant is Arriba Soft Corp., an Internet search engine that displays its results
in the form of small pictures. Arriba copied 35 of Kelly’s images to its database
without Kelly’s permission and used them on its Web site so users could click on
those small picture’ “thumbnails” to view a large version of the picture. When
Kelly discovered this, he brought suit against the defendant for copyright
infringement. What critical factors are analyzed in determining whether the use
of a particular case is fair use? Decide if Arriba Soft Corp.’s use of the pictures
is fair use.
(4 marks)
Part 2: Answer one of the following questions (10 marks)
(6 marks)
(b) As more trade secrets are in digital format, they are even easier to steal, misappropriate, or publish on the Internet. It is a critical management task to control employee access, knowledge, and use of trade secrets. Strategies to protect trade secrets, therefore, take on heightened importance.
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