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Complete 2 page APA formatted essay: Mock Appeal: Associated Press v. Shepherd Fairey.The defendant was aware of what he was doing when he created false documents and sought to destroy the deleted doc
Complete 2 page APA formatted essay: Mock Appeal: Associated Press v. Shepherd Fairey.
The defendant was aware of what he was doing when he created false documents and sought to destroy the deleted documents. In thus doing the defendant was not acting in good faith. The defendant discovered an error and failed to notify his counsel who would have amended their complaint but instead concealed his mistakes, destroyed some documents and fabricated others.
In copyright infringement the defendant admitted to have used the photograph without obtaining a license from the plaintiff who is the copyright owners of the picture in issue. The defendant copied all the original and creative work without crediting or compensating the plaintiff, therefore this unlicensed work was not fair use on the part of the defendant (Fisher III et al, 2011). The plaintiff in the effort to establish a prima facie case of copyright infringement must show that the he is the owner of a valid copyright in the material at issue which is not contested in this case, the plaintiff must also show that his work was actually copied and the copying amounts to an improper or unlawful appropriation by the defendant which in our case is seen as the defendant using the picture as a reference work when creating the Hope poster.
The defendant may claim fair use that is under section 107 of the Copyright Act which provides that fair use of copyrighted work is not an infringement of copyright, fair use deems that the use of this work that is deemed copyrighted is transformative in such a setting where the purposes of the copyrighted work is different (Shinoskie, 2010). The plaintiff in countering this claim can rebut that the defendant was acting in bad faith by removing the copyright notice on the photo until a blogger detected the source of the original photo, and the defendant used his poster for commercial purposes thus the use of the photograph by the defendant is not seen in any way as transformative. The plaintiff may also asset that the defendant had falsely asserted to
