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Intellectual Property (copyright)

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 in which four factors are identified as being critical to identify an instance (or not) of fair use:
[1] Purpose and character of use
[2] Nature of the copyrighted work
[3] Amount & Sustainability
[4] Effect upon the Original Work’s Marketplace Value

[2] 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.
[1] Does Mr. Mindblown have capacity to contract? Answer only YES or NO [1mark]

Sample Solution

At a reception for the new Advertising Department head, Benjamin Burton Daniel Ovington, Rosemary hopes to impress Finch with her new dress, a Paris original. However, all the other women arrive at the reception wearing the same dress (“Paris Original”). Hedy, who has had too much to drink, goes up to Biggley’s office to shower. Frump schemes for Biggley to catch Finch kissing Hedy in his office, but after LaRue blackmails Finch into kissing her, he realises he’s actually in love with Rosemary and proposes to her (“Rosemary”). As Rosemary is about to accept, Hedy comes out of the bathroom in a towel which angers Rosemary. She leaves, but returns to tell Finch that Bud and Biggley are just outside. Frump and Biggley walk into the office just as Finch embraces Rosemary. Ovington is forced to resign after Finch prompts him to reveal to Biggley that he is a graduate from Northern State, Old Ivy’s bitter rival. Biggley names Finch Vice-President in Charge of Advertising. Biggley leaves as Finch and Rosemary declare their love for each other, and Bud Frump vows revenge to stop Finch’s meteoric rise (“Act I Finale”). Act II Two days later, Rosemary feels neglected by Finch and decides to quit. Smitty and her fellow secretaries convince her to stay because she’s living their dream of marrying an executive (“Cinderella, Darling”). The book warns Finch that because Vice-President of Advertising is a dangerous position and that to save the situation, he needs a brilliant idea. Bud Frump slyly tells Finch his idea for a televised treasure hunt. Finch loves the idea, unaware that Biggley has already heard the idea previously and rejected it. Finch tells Rosemary the idea, who responds by telling Finch that she loves him. (“Happy To Keep His Dinner Warm (Reprise)”). Hedy tells Biggley that she is unhappy as a secretary and is quitting. Biggley begs her to stay and tells her he loves her (“Love From a Heart of Gold”). In the executive washroom, Finch gives himself a pep talk before the meeting while, behind his back, Frump ensures the ot

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