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You are the media officer for a South Australian wine producing company called AAA Wine Company Limited (the Co.). Your current project is the preparation and the promotion and marketing of the Co.’s...

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You are the media officer for a South Australian wine producing company called AAA Wine Company Limited (the Co.). Your current project is the preparation and the promotion and marketing of the Co.’s new product, Lemon Wine. The promotion is through brochures, posters and television advertisements.
The brochures and posters contain photos of lemon groves. Since the Co. does not own any such groves, the photos were taken from photos in a book produced by the famous photographer and author, Homer Pimson. The book contains twelve photos of various fruit orchards and four particularly striking photos were used in the brochure and one in the poster. The photo in the posters was scanned, some parts enhanced, some removed and some colours changed.
The television advertisements used the posters as background. These advertisements are targeted at the young, unsophisticated wine drinker. They contain scenes of young people, enjoying the drink with friends and apart from the background posters, look very similar to those of a major soft-drink company which manufactures and sells a lemon drink called Lemon Mine.
Homer Pimson has contacted the Co. and threatens to take an action for breach of copyright against the Co. unless it pays a substantial license fee for use of his photos.
The soft-drink company is considering whether there has been any breach of its copyright.
Explain
  1. The relevant copyright rights and
  2. Whether any infringements relate to the brochures, posters
and television advertisements and
  1. What remedies would apply if there were infringements.

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ASSIGNMENT 2 - PROBLEM SOLVING 1,500 words Assignment question: You are the media officer for a South Australian wine producing company called AAA Wine Company Limited (the Co.). Your current project is the preparation and the promotion and marketing of the Co.’s new product, Lemon Wine. The promotion is through brochures, posters and television advertisements. The brochures and posters contain photos of lemon groves. Since the Co. does not own any such groves, the photos were taken from photos in a book produced by the famous photographer and author, Homer Pimson. The book contains twelve photos of various fruit orchards and four particularly striking photos were used in the brochure and one in the poster. The photo in the posters was scanned, some parts enhanced, some removed and some colours changed. The television advertisements used the posters as background. These advertisements are targeted at the young, unsophisticated wine drinker. They contain scenes of young people, enjoying the drink with friends and apart from the background posters, look very similar to those of a major soft-drink company which manufactures and sells a lemon drink called Lemon Mine. Homer Pimson has contacted the Co. and threatens to take an action for breach of copyright against the Co. unless it pays a substantial license fee for use of his photos. The soft-drink company is considering whether there has been any breach of its copyright. Explain The relevant copyright rights and Whether any infringements relate to the brochures, posters and television advertisements and What remedies would apply if there were infringements. Created with an evaluation copy of Aspose.Words. To discover the full versions of our APIs please visit: https://products.aspose.com/words/ PAGE 

Answered Same Day Dec 21, 2021

Solution

David answered on Dec 21 2021
119 Votes
Introduction
Australian copyright law has influence of structure of English law. Additionally, it is
influenced by Berne Convention and some of the international copyright treaties. Thus, it has
exhaustive set of exclusive rights and set of materials protected. The present is related to
copyright, media law and infringement.
Relevant Copyright
AAA Wine Company Limited is engaged in the marketing and promotion of its product
Lemon Wine. The co. has used lemon groves for posters and
ochures. The pictures of
lemon groves have been taken from the book of Homer Pimson without permission. The
photos have been used with some alterations and modifications. The co. has used the posters
as the background of television advertisements as well. Even the television advertisement is
quite similar to the advertisement of another company Lemon Mine selling lemon drink.
Section 24 of the Copyright Act 1968 of Australia clearly defines that reference to
visual images and sounds embodied in an article is protected under copyright. Nobody can
use those images without permission from the entitled person. The Co. has taken images from
the book of Homer Pimson without his permission. The book of Homer Pimson is copyright
protected and the Co. would have been sought for his permission. They would have been
agreed upon any terms and then those images have been used by the Co. Homer Pimson is
ight in claiming license fee for using those copyrighted images.
The company’s action to use the photos without permission of the entitled person is a
serious
each of the copyright law. However, the Co. has been entitled to use those photos
with the permission from Homer Pimson by paying the relevant license fee for the same. The
Co. has used the partial work of the author without letting him know. Even the partial work is
covered under section 16 of the law. Also, they have made alterations to the photos and there
are chances that the motive was to not letting the photos recognized (McCausland, S., 2007).
There are certain circumstances where using the copyrighted material is not held to be
infringement. Fair dealing solely for the purposes of research or study, criticism or review,
parody or satire and reporting news do not fall into copyright. Additionally, importation of
ooks and temporary reproduction for the purpose of communication are not deemed to be
each of the contract under the Copyright Act 1968 of Australia. There are certain other
circumstances where there is an exemption from the copyright. But the acts of the Co. do not
fall into any of this category.
The biggest factor in the copyright is the use of copyrighted material for the purpose of
financial benefits. The person or entities using the copyrighted material for the purpose of
financial benefits should take permission from the person whose works are to be extracted
(Brennan, D., 2002). In this case the Co. has used the copyrighted...
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