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Textbook for the course:

Miller, R. L. (2017). Business law today: The essentials: Text and summarized cases (11th ed.). Cengage Learning.

ISBN: 9781305574793

Option #1: Ethics and Intellectual Property

Discuss a current ethical issue in the business world that arises out of intellectual property. Research and discuss at least one case to illustrate the ethical issue. Some areas to consider include:

  • Explain why it is important to protect intellectual property.
  • Determine how intellectual property should be protected.
  • Examine if intellectual protections ever go “too far.”
  • Propose the proper balance between content producers and the public good.

Option #2: The Fair Use Doctrine

The Fair Use Doctrine is a defense to a claim of intellectual property infringement, specifically against claims of copyright infringement and, in more limited cases, trademark infringement.

Research a case where the Fair Use Doctrine was raised as a defense to a claim of intellectual property infringement. Then, address the following:

  • Explain the facts of the case and the legal reasoning relied upon to reach the result in the case.
  • Define the Fair Use Doctrine and discuss whether it was successfully raised. (If it was successfully raised, this means the defendant won). Do you agree with the result of the case? Explain your reasoning.
  • Justify the defense of Fair Use. In answering this question, address:
    • Explain the importance of protecting intellectual property.
    • Determine the importance of society to have access to intellectual property.
    • Discuss whether the Fair Use Doctrine properly balances the rights of content producers against the public good.

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