Law Creative Writings Example

First Response

In determining copyright infringement, the likelihood of confusion test is applied. If there is real likelihood that the audience will confuse the songs of a first composer to that of a subsequent composer then infringement can be alleged. If the composition of a song is similar to the extent that it cannot be distinguished from each other then there is copyright infringement. In this case the songs are similar with only the chords being different. So long as the composition of the songs is the same, there is copyright infringement. Copyright infringement can be alleged even if only a portion of the music was used by an artist.
Changing of the chords is mere modification. Modification of a person’s work is in itself copyright infringement. So long as works are similar in some particular way, then copyright infringement arises. There is no more evidence required to prove copyright infringement. So long as the work of an artist is substantially similar to that of another artist, copyright infringement can successfully be claimed. Copyright law prohibits any form of coping, playing of someone’s music without authority or any modification. Intellectually property rights are protected by prohibiting people from taking the works of others as their own.

Second response

Any person who feels that their intellectually property rights have been infringed have the right to claim infringement. In this case the Peaches must prove that the Avril actually copied his work. The rhythm and the lyrics are similar, but for Peaches to successfully claim there must be proof that he produced the work before Avril and that the works are so similar that one of the parties must have just copied it.
The rhythm and the lyrics may be similar but it may not be a product of coping. The person claiming must have been the first person to produce the work. In this case, the songs of Avril have a history. This makes the claim of infringement against Avril a bit difficult. However, the fact that Avril’s songs have history of using the lyrics and the rhythm does not eliminate culpability. Similarity that can only be a product of coping is an infringement of copyright. However, if any person skilled in music is capable of coming up with the rhythm and the lyrics without necessarily coping, then the claim fails. It would be unfair to prevent people from using lyrics and rhythms that are publicly available. Things that are publicly available cannot be regarded as intellectually property and, therefore, not protectable.

Third Response

The landlord need not necessarily move the court in order to evict a tenant. This can be done by simply giving a notice to the tenant. Ordinarily, the notice should expire within the number of days in which rent is payable. For example, if rent is payable monthly, 30 days notice will be sufficient.
However, if the tenant fails to leave then a court process must be initiated by the landlord. Eviction without following the statutory requirements is illegal and the tenant can seek redress from the courts including seeking damages.
There are several reasons for eviction. If the lessee fails to comply with the terms of a lease agreement, the landlord has the authority to issue a notice requiring the tenant to vacate. The tenant has obligation to comply with the terms of the lease agreement. Failure to comply amounts to a breach and entitles the landlord to recover the lease. The tenancy can be forfeited if the tenant fails to comply with terms such as payment of rent.
The tenant can move to court to stop eviction. This does not mean appeal. The tenant moves to court to challenge the eviction notice or unlawful eviction.
The courts have the power to issue orders regarding tenancies and can direct that the tenant remains in occupation due to a faulty eviction notice or order that damages be paid