Part 1: Answer the following question (10 marks)
- (a) Nadia printed brochures and flyers for her business by copying several pictures from the internet without acknowledging the copyright owners. She also downloaded music from the internet without permission and had inserted it in her business website background. Advices Nadia on her potential liability based on Malaysian Copyright Act 1987. (6 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.
Part 2: Answer one of the following questions (10 marks)
- (a) A medical foundation used IDX’s medical billing software. IDX’s competitor is
Two Epic employees left and went to work directly for the medical foundation, and soon thereafter, the foundation switched its software supplier-to
Epic. IDX alleges that these two employees used their new positions to
transfer valuable information to Epic, about how IDX software works, and so
on, thus enabling Epic to enhance its own software package. IDX filed suit
alleging the two employees misappropriated IDX’s trade secrets. Analyze the
strength of IDX’s case?
(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.
- Discuss 2 key strategies that businesses need to employ to protect their trade secrets.