Section-1 Computation of royalties based on insights derived from the Chappell v Nestle case [B1]
Q1. Suppose that the promotion of Nestle stipulated that wrappers were to be non-Nestle chocolate bars only with the promotion structured as follows: 3 wrappers + $1 and Nestle will mail to the sender one CD of Rockin’ Shoes. Letus suppose that all chocolate bars, regardless of brand, are sold for $2. If Nestle receives 2,100,000 wrappers and sends out, accordingly,
Section-2 Wednesday Addams and “ Fair Use”
There was a famous American TV show that originally aired in the 1960s called the Addams Family. Basically it was about a creepy but comical family. The TV version was based on a comic strip of that name. You can see an episode on youtube if you are interested:
In that show, one minor character was the daughter of Gomez and Morticia Addams and that is Wednesday Addams. In the TV show and in some film adaptations of the Addams Family, Wednesday Addams is a young girl.
In 2015, some aspiring you-tuber got the idea to do a you tube serial called “Adult Wednesday Addams.” You can see an episode on youtube if you are interested:
She produced several episodes but then she received a “cease and desist” letter from the copyright holder of the Addams Family in which she was threatened with a lawsuit in the event that she did not refrain from making more episodes on youtube. Unfortunately, as a result, she stopped making more episodes o f ”Adult Wednesday Addams.”
In answering the two questions, you can get some guidance from https://zhillerlaw.com/fair-use-wednesday-addams/ in which four factors are identified as being critical to identify an instance (or not) of fair use:
 Purpose and character of use
 Nature of the copyrighted work
 Amount & Sustainability
 Effect upon the Original Work’s Marketplace Value
 Make the counter-argument that Adult Wednesday Addams violates the “fair use” exception of copyright law. [short essay of no more than 100 words] Students who write excess text will get a negative score of 0.1 marks per word.
Section-2 Capacity and Protection against a Bad Bargain (15 marks total)
In some jurisdictions, in several U.S. states, marijuana can be legally prescribed as an analgesic (pain reliever) to reduce pain of certain serious illnesses. Suppose that Mr. Mindblown, 88, is currently undergoing a course of such treatment and signs a document pledging to leave all his worldly possessions to a gorgeous blonde itinerant vacuum clearer saleslady, 24, whom he falls in love with after she visits him several times.
 Does Mr. Mindblown have capacity to contract? Answer only YES or NO [1mark]