Science magazine-publishes articles on scientific advances

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Reference no: EM132182838

Case Details

Tom Lawson is an editor of Popular Scientists, a new science magazine that publishes articles on scientific advances. In an effort to appeal to the general public, The Popular Scientists publication uses simple language to explain scientific concepts. In researching material for an article on memory loss in the aging population, Tom discovers an interesting abstract painting of the human body painted by Allison Preston, an artist known for her abstract paintings of the human body. Intrigued by the painting, Tom decides to copy a portion of the painting showing the human brain and inserts the copied material into an illustration in his article on memory loss. After publishing the article, demand for Popular Scientists increases dramatically. Interestingly, one reader comments that the illustration in Tom's recent article "looks familiar."

Although Tom's article on memory loss generates additional magazine sales for Popular Scientists, the article also generates two lawsuits. Allison Preston sues Popular Scientists claiming that Tom violated the copyright laws by using Allison's painting without paying royalties or requesting permission. Allison's lawsuit quickly makes the news headlines. After reading about Allison's lawsuit, the editor of Popular Science sues Popular Scientists for trademark infringement. The Popular Science publication is a spoof magazine that relies on unscientific facts to highlight America's obsession with questionable weight loss options.

Write 2 pages or less:

Initial Posting

Did Tom violate the copyright laws? Does the fair use exception apply? Why or why not? Make sure to address each of the four provisions of the fair use exception and fully explain your conclusion.

Did Popular Scientist violate the trademark laws, given that another magazine is called "Popular Science?" Why or why not? Explain.

Pose a follow-up question by suggesting or altering one fact that would likely affect whether the fair use exception applies to the instant case. Be creative! Use the phrase, “How would you decide this case if . . . “

Reply Posting

Address the points raised in a classmate's initial posting and explain how your classmate's suggested fact would likely impact whether the fair use exception applies.

What additional information would be helpful in reaching a decision in this case? Why would this additional information be relevant to your decision?

Reference no: EM132182838

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Science magazine-publishes articles on scientific advances : Tom Lawson is an editor of Popular Scientists, a new science magazine that publishes articles on scientific advances.

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