I’m giving my solicitors exam soon and have a few questions from previous exam papers that I cant find answers?
Question by Legalchamp: I’m giving my solicitors exam soon and have a few questions from previous exam papers that I cant find answers?
Can anyone give suggestions ..I would be grateful for any help..Thanks!!!
The questions:
1) Would an Indian Court deem the use of clip of a movie released 10 (ten) years back,in an advertisement as an infringement? Would your answer be different if the advertisement is not for promoting any product, services, etc.,but for delivering social welfare message or educational purposes?
2) Mr. ‘A is the author of a book. Your client is desirous of making a film of the book in Hindi version as well as in Tamil version. He entered into a contract with Mr. ‘X’ for production of the feature film in Hindi. However,while drafting the Agreement with Mr.’X’ he gave blanker right to produce feature film but did not specify Hindi language.The feature film is then produced by MR.’X’ in Hindi. Mr. ‘A’ then enters into the contract with Mr.’Y’ for the purpose of making feature film inTamil. In the meanwhile, Mr.’X’ makes the feature film in Hindi and assigns the right of making dubbed version of the feature film inTamil to Mr.’Z’. Mr. ‘Y’ desires to stop Mr.’Z’ from making the feature film. Does Mr. ‘Y’ have a case? Give answer with case law.
3) Your Client makes a feature film based on a book written by Mr. A with whom he had Entered into a contract and acquired the right of making films. A competitor of your client is about to make and release a feature film which according to your client, is similar to your client’s film. The theme and idea of both the film are similar. You on your client’s behalf sent a legal notice to your client’s competitor asking him to stop making the feature film since your client had acquired the right from Mr.A. In reply, your client’s competitor contends that he is making the feature film based on the book written by Mr. B. from whom he is claiming right. On enquiry,your client learns that Mr.B. had also authored and written a book, which was very popular in Oriya Language based on which the film is made by your client’s competitor. Whether your client has any cause of action to file suit against his competitor to prevent him from making the feature film. Advice your client.
4) Mr. A. the owner of copyright in respect of the sound recordings of 5 songs assigns the copyright in respect of the said songs in favour of a motion picture Company for the sole purpose of use of the sound recordings in a feature film and expressly records that the motion picture company does not have any other rights in respect of the sound recordings. A part of the feature film incorporating the sound recording is used by a trader in a commercial advertisement for certain Goods /services. Mr.A seeks your advice as to whether the use of the sound recording in the advertisement constitutes an infringement of his copyright?
If your answer is in the affirmative,please identify all the parties who would be Defendants in such an action.
5) Tring Tring Mobile Communications Ltd. Approaches Mr.K., a music composer, for using some of the original tunes composed by Mr. K, as ringtones and ringback tones. Mr.K. seeks your counsel as to what precautions he should take while drafting the terms and conditions for a contract between himself and the mobile phone company?
Best answer:
Answer by Ingrid
Wish you would identify yourself so I won’t use your services.
Know better? Leave your own answer in the comments!