Week 12 Tute Questions
Question 1:. A freelance photographer took a series of photographs of an international model and a film actress and sold them for an article about her in Mode, a magazine owned by Australian Publishers. The magazine subsequently supplied the photographs to another publisher, who in turn sold them to a third publisher, who used them in their own magazine. The photographs were supplied to subsequent publishers without the consent of the photographer or for any fee to him.
Advise the photographer.
Question 2: Romeo and his wife Juliette own “The Lucky Dip” restaurant in Gungahlin. The restaurant is located directly across from McDonald’s, and Romeo thought it would be funny if he put a large sign in the front of his restaurant with the words ‘Mmmmm….try our vegie burger instead’, with each if the ‘m’s in the shape of the McDonald’s ‘golden arches’.
Advice Romeo whether his sign would infringe any intellectual property rights. You must support your answer with relevant legislation and/or case law.
Question 3: Nicole recently entered into a contract to sell her house in Canberra to Lakeview Developments Pty Ltd for $750,000. She was told by the receptionist in Lakeview's office that Lakeview Developments is a development company which plans to demolish the house and build some apartments. The contract was signed by Nicole and was also signed 'for and on behalf of Lakeview Developments Pty Ltd' by Anthony Blunt, who showed her his business card describing him as the 'Developments Manager' of Lakeview Developments.
Nicole has just been informed by the company that, as Developments Manager, Anthony did not have authority to enter into the contract and the company will not complete the contract.
The next best offer Nicole received for the house is $200,000.
Advise Nicole on her legal options.
Question 4: John works as the Chief Clerk for the large and prestigious law firm Sue, Grabbit & Runne in Canberra City.
As Chief Clerk with a staff of seven, he is
Advise the photographer.
Question 2: Romeo and his wife Juliette own “The Lucky Dip” restaurant in Gungahlin. The restaurant is located directly across from McDonald’s, and Romeo thought it would be funny if he put a large sign in the front of his restaurant with the words ‘Mmmmm….try our vegie burger instead’, with each if the ‘m’s in the shape of the McDonald’s ‘golden arches’.
Advice Romeo whether his sign would infringe any intellectual property rights. You must support your answer with relevant legislation and/or case law.
Question 3: Nicole recently entered into a contract to sell her house in Canberra to Lakeview Developments Pty Ltd for $750,000. She was told by the receptionist in Lakeview's office that Lakeview Developments is a development company which plans to demolish the house and build some apartments. The contract was signed by Nicole and was also signed 'for and on behalf of Lakeview Developments Pty Ltd' by Anthony Blunt, who showed her his business card describing him as the 'Developments Manager' of Lakeview Developments.
Nicole has just been informed by the company that, as Developments Manager, Anthony did not have authority to enter into the contract and the company will not complete the contract.
The next best offer Nicole received for the house is $200,000.
Advise Nicole on her legal options.
Question 4: John works as the Chief Clerk for the large and prestigious law firm Sue, Grabbit & Runne in Canberra City.
As Chief Clerk with a staff of seven, he is