Miller gold-medal-winning race

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Reference no: EM133677458

Bode Miller is an Olympic ski racer. NBC tapes and televises the Olympics, including Miller's gold-medal-winning race. In the days leading up to the race, NBC runs a series of ads on social media and television to promote its Olympics coverage. The ads feature clips of Miller skiing and a picture of Miller's face. The graphics and voice-over for the commercial say "Tune in Tuesday at 8 pm to see if Bode Miller can win gold."

Bode Miller happens to use equipment made by Jackson Ski Company. The company hires a marketing firm that makes a digital video copy of the NBC television broadcast of Miller winning the Olympic gold medal race and receiving the gold medal on the podium. The marketing team then edits the NBC video down to a 30-second video clip. The marketing team decides that they want to use the 1977 song "We Are the Champions" written by Queen as the music for the video. To make the video "fresh," they decide to use the 2004 cover version sound recording of the song by Green Day rather than the original 1977 sound recording by Queen. The marketing team then adds graphics to the video highlighting the Jackson Ski Company brand logo. Jackson Ski Company then places the edited video on its YouTube channel and the company website.

Miller sues both NBC and Jackson Ski for appropriation. Explain who you think will win each case and why.

NBC, Queen, and Green Day each sue Jackson Ski Company for copyright infringement. Discuss who you think will win each lawsuit and why.

Reference no: EM133677458

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