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Essay / Research Paper Abstract
This 3 page paper looks at three law questions and gives simple answers. The first looks at whether an author could be sued for breach of contract for failing to deliver a book on time after being in an accident unable to write while in a coma. The second questions consider copyright on a photograph, and whether reproduction in a school project would be a breach of copyright. The third question looks at copyright ownership and discusses where a court case concerning ownership should be brought; state of federal court and who owns the copyright of a work made for hire. The bibliography cites 3 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEcomlaw1.rtf
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Unformatted sample text from the term paper:
date for the delivery of the completed contract has passed. However, not all failures of completion will result in a breach of contract (Ivamy, 2001). The doctrine of frustration if
it is where there are events which occur, impacting on aspects fundamental to the contract which make it impossible or impracticable for the contract to be completed . The general
approach is that where a court deems it impossible for the contract to be completed and there was no allocation for the risk in that contract, the parties to the
contract will be discharged (Emanuel, 2006). There are different classes of events that can invite frustration, one of these is the death or
illness of an individual where the contract calls for the performance of that particular individual. In this case Alex was writing a book, and it is his performance that has
been contracted. As he is in a accident and is in a coma it was impossible for him to compete the contract (Emanuel, 2006). In the case of Alex the
impossibility to perform the contract may be only temporary, where there is only a temporary impossibility the contract is most likely to be suspended rather than discharged immediately, pending a
further change in events. If there is no change or performance becomes impracticable then the suspension could become a discharge. It is unlikely that a claim by Bosso for breach
of contract would be successful. Question 2 a. Photographs are covered by copyright law, therefore, reproducing them without the consent of the copyright owner can be a breach of copyright
law. Under copyright law a copyright holder has the exclusive rights to reproduce their material, this includes photographs (Besenjak, 2000). Photographs also have additional protection under the Visual Artists Rights
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