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A copyrighted law school examination from the university of maryland school of law, administered by professor robert suggs on december 14, 1999. The exam consists of two questions, each worth 50%, and focuses on copyright ownership and infringement of photographs and floor plans. Question one discusses a dispute between a magazine and a photographer over ownership of copyrighted photographs. Question two deals with a copyright dispute between architects, a building contractor, and a magazine over floor plans and photographs of a house. Students are required to identify and explain the possible acts of infringement and ownership for each party.
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COPYRIGHT (2 hours)
Professor Robert Suggs Tuesday December 14, 1999 1:30 P.M. - 3:30 P.M.
No._____ Print Name:________________
Signature: _______________
INSTRUCTIONS: Sign and print your name in the blanks above. Put the number found above on each of your blue books on the outside cover and on the envelope. If you write more than one blue book, put on the cover of the first: "1st of 2," and on the second, "2nd of 2," etc. Do not put your name on or in the blue books. Return the questions when you turn in your blue books.
EACH STUDENT IS RESPONSIBLE FOR ENSURING THAT ALL THE COMPLETED EXAMINATION PAPERS AND THE EXAMINATION QUESTION SHEETS ARE HANDED IN TO THE EXAMINATION ADMINISTRATOR. NO EXAMINATION PAPERS WILL BE ACCEPTED AFTER THE EXAMINATION ADMINISTRATOR HAS COLLECTED THE MATERIALS. YOU WILL BE GRADED ONLY ON EXAMINATION PAPERS RECEIVED AT THE ANNOUNCED TIME.
Upon completion of the examination, put your answers to the examination in the envelope, fasten the clasp, and hand in the envelope to the exam administrator. Be sure to enclose all of your answers. You will be graded only on what is inside the envelope. Do not put the exam questions in the envelope. Hand in the questions separately to the exam administrator. Do not put your name anywhere on the envelope or on your answers. Both the envelope and your answers should contain your exam number, course and instructor.
Computers. Students may use computers on this examination. Computers may be used for wordprocessing and information retrieval on hard drives and floppy disks. Students must supply their own equipment. Students using computers must take the exam in the assigned typing room. The TAL Center, the clinic and other law school equipment and facilities are not available for student use. Examination papers must be completed and returned to the exam administrator according to the normal exam administration rules. No allowance for additional time will be given for printing, equipment failure, etc. Students must submit hard copy only.
A husband and wife were both architects and had small children. Working together, they designed a house in which to raise their family that was uniquely adapted to modern lifestyles. In 1980 the wife=s brother-in-law, a building contractor, built the house using their design as embodied in blueprints. In 1995, after their children were grown, the architect couple divorced amicably. Then in 1998, the husband adapted their original design slightly, drew new blueprints, and used them to build a smaller version of the house for one of his new clients.
Also in 1998 another couple, old friends of the architect couple, who had been frequent guests in the original house and who had long admired it, prevailed upon the contractor brother- in-law to build them a larger version of the same house. Drawing upon all their memories, they were able to recreate the aspects of the house that the couple wanted. Unfortunately, while the couple had been expecting their first child, they unexpectedly had quintuplets, so a few months after completing their larger version of the house, the couple designed their own sizable addition and tore down several walls and otherwise modified the house to meet their new needs.
Recently, a small magazine devoted to publishing floor plans obtained a copy of the blueprints of the original house from the County Building Department where they were required to be filed. From the blueprints the magazine developed and published floor plans of the original house in a special article. The article also featured three photographs, taken by the publisher=s secretary, of the original house, the smaller version of the husband=s client, and the larger, modified version of the friends.
Who can claim copyright ownership in the published floor plans and photographs and why? What acts of copyright infringement may have occurred in violation of these copyrights or any others, and who owns the rights infringed? Assume no affirmative defenses are available.
END OF EXAMINATION