Should the federal court have had jurisdiction over the case

Assignment Help Marketing Management
Reference no: EM131272748

In 2009, several freelance writers filed a class action lawsuit against publishers, claiming that the publishers had, without permission, reproduced certain works. In other words, the publishers had committed copyright infringement. With the first court's approval, a settlement was reached between the two parties.

However, the writers subsequently decided that they were unhappy with the settlement and appealed. The second court considered whether the federal court had actually had jurisdiction over the case. The second court ultimately determined that federal law (14 USC § 411(a)) takes away federal jurisdiction if a copyright holder has not registered a work prior to suing for copyright infringement.

Thus, the second court reversed the original decision and the settlement did not stand. The case was then brought to the U.S. Supreme Court. The Supreme Court tried to determine whether the failure of a copyright holder was enough to actually take jurisdiction over the case away from a federal court. How do you think the Supreme Court ruled? Should the federal court have had jurisdiction over the case even if the copyright holders failed to register a work prior to the case?

Elsevier, Inc., et al., v. Muchnick et al., 130 S. Ct. 1237, 176 L. Ed. 2d 18; 2010 U.S. LEXIS 2202 (2010).

Reference no: EM131272748

Questions Cloud

Why the state court in california can or cannot exercise : Prior to his becoming governor of California, Arnold Schwarzenegger resided as a citizen of California.- Explain why the state court in California can or cannot exercise personal jurisdiction over the defendant.
Describe the feelings of tension : Describe the feelings of tension, ambivalence, or frustration that you experience in groups. What role do you typically take in groups?
Writing routine and positive messages : Writing Routine and Positive Messages. Use the modified block letter format for this assignment. Please refer to page 421-423 for an explanation of the block and modified block formats.
Which jobs feature which characteristics most strongly : Which jobs feature which characteristics most strongly? Which characteristics are missing, and what are the potential consequences? How could you enrich these jobs to feature more of the job characteristics?
Should the federal court have had jurisdiction over the case : Should the federal court have had jurisdiction over the case even if the copyright holders failed to register a work prior to the case?
What are some priority risk factors in your project : What are some priority risk factors in your project? How do these priorities enable overall project accomplishment? Why is it important to prioritize risks in a project?
Was the case moved to a state court or did the federal court : Was the case moved to a state court, or did the federal court want to hear the case because the firing could be loosely tied to federal statutes?
Develop an action plan for the final presentation : Identify the audience, for example a board of directors or a new management team following an acquisition or a merger, for your final presentation due in Week Five. Provide a rationale for your audience selection.
Should the federal court have had jurisdiction over the case : Should the federal court have had jurisdiction over the case even if the copyright holders failed to register a work prior to the case?

Reviews

Write a Review

Marketing Management Questions & Answers

  Integrated marketing communication

Developing an IMC plan of Amazon that aims to create awareness and knowledge amongst Singaporean  consumers of the ethics involved in buying clothing made from Bangladeshi factories  .

  Multiple choice questions on e-commerce

The assignment in Computer Science or Information Technology is about multiple choice questions, particularly in e-commerce. Questions such as types of e-commerce websites, commercial websites, disintermediation, Platform for Piracy, the data that ca..

  Balanced scorecard for red lobster

The assignment in marketing is about Red Lobster, which is one US and Canada's most loved seafood restaurant. It has hundreds of outlets in US and Canada and it now wants to expand further. The approach adopted by Red Lobster has been discussed in fu..

  Marketing plan - marketing audit, swot and smart report

The assignment in marketing is about preparing a marketing plan. As part of marketing plan, the SWOT analysis, assessing the competitive position, identifying critical competitive issues, marketing objectives, strategy and actions have been suggested..

  Marketing plan

Marketing deals with preparing a marketing plan for either an existing product or a new product. Various aspects about launching a new product into the market are discussed ranging from the industry the product belongs to, goals and vision of the com..

  Yamato corporation analysis - harvard case study

Please refer to the PDF for the Case Study and questions.The case study from Harvard Business School is about Yamato Corporation, a parcel delivery company which provides door to door delivery in Japan.

  Marketing plan - create a new product

The assignment in marketing is about competitive analysis for a new product namely "heated insoles". These heated insoles can be put in shoes and they can protect the wearer's feet by keeping them warm during cold winters.

  Report on digital marketing strategy for a website

Promotion strategies of  the one's own developed website

  Integrated marketing campaign of mccafe

Integrated marketing campaign for McDonald's McCafe. McCafe has been launched in Canada. This is a case study which involves the use of digital marketing and social media marketing apart from regular marketing such as TV and radio. All these more are..

  New product development at adidas

In this paper, the researcher also determines the different kind of practices used by Adidas to manufacture shoes for its customers.

  Managing services in competitive environment

Services can be defined as separately identifiable, intangible activities which provide want-satisfaction when marketed to household consumers and/or industrial users.

  Prepare a marketing plan

A marketing plan is an essential tool for any marketer, providing direction for a brand, product or organization. A marketing plan describes the marketing environment, marketing objectives and marketing strategies.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd