Intellectual Property - Copyright (Fair use)

Intellectual Property - Copyright (Fair use) Essay question - In 2015, Eight Mile Style, representin" rel="nofollow">ing the United States rapper Emin" rel="nofollow">inem, sued the New Zealand National Party for an alleged copyright in" rel="nofollow">infrin" rel="nofollow">ingement through usin" rel="nofollow">ing the song ?Lose Yourself? in" rel="nofollow">in a National Party campaign advertisement for the 2014 General Election. The High Court of New Zealand has already decided on the issues of jurisdiction and an order for a split trial. However, the issue of liability remain" rel="nofollow">ins unresolved. Based on the above facts and citin" rel="nofollow">ing the relevant sections of the Copyright Act 1994 and case law from New Zealand and other jurisdictions - a) compare and contrast the case law on a fair use/fair dealin" rel="nofollow">ing defence in" rel="nofollow">in the United States and New Zealand (in" rel="nofollow">includin" rel="nofollow">ing, but not limited to, cases relatin" rel="nofollow">ing specifically to music samplin" rel="nofollow">ing) and how it relates to the present case and its potential outcome. [40 marks] Cases - 1) Campbell v Acuff-Rose Music, 510 U.S. 569 (1994) 2) Devin" rel="nofollow">in Copeland v Justin" rel="nofollow">in Bieber, et al., 789 F. 3d 484 (4th Cir. 2015) 3) Braham v Sony/ATV Music Publishin" rel="nofollow">ing, USDC, CDCA (2015) ALSO use New Zealand Case law. In the answer you need to discuss tests and legal prin" rel="nofollow">inciples that courts have laid out for determin" rel="nofollow">inin" rel="nofollow">ing what amounts to fair use/dealin" rel="nofollow">ing.