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However, Traz can argue that the colour and designs of the trademarks are verydifferent. Moreover, if they are already well established in can cause a good ground.Unless it causes confusion in public, not it should be ok.She can come up with a distinctive audio jingle, she can show that it is reallydistinictive from other cake shops by giving a different color, logo, scent, audio orvisual….2.Z writes several songs (in English) and the music composition for them. He getsY Company to record the songs and assigns his copyrights in them for a fee. Ycompany then release a CD containing the songs. M pirates these CDs and sellsthem at a cheaper price. O Company using the same tunes produces a similarCD, but the lyrics are in Mandarin. E company uses a short excerpt from theEnglish version of the song, in its advertisements as background music. Discussthe rights and liabilities that arise. Firstly, we must establish that the copyrights are the property of Y as it can be saidthat the rights are assigned to Y by Z when Z engaged in Y’s services. For sound
recordings, the duration of the copyright is 70 years from the time it was firstpublished.The rights conferred by copyright vary with the subject matter. By section 26(1)(a)copyrights give the proprietor the right to reproduce the work in material form,publish the work, perform the work in public, communicate the work to the public,and make an adaptation of the work or do any of the above-mentioned acts in respectof the adapted work. In this case, the proprietor is given the right to make copies,publish it or make it available to the public by means of a digital auto transmission(section 82).In this case, M who has pirated the CDs and is selling them at a cheaper price isinfringing the copyright. By section (31) and (103), when a person, without theconsent of the proprietor, does any of the acts that only the proprietor of the copyrightis entitled to do, there will be an infringement. This is because M is reproducing thework in material form, and communicating the work to the public. This means that Ywill be able to sue M for infringement of copyrights. Y can sue M for damages , anaccount of profits, for statutory damages and also apply for an injunction. Y mightalso be able to apply for an Anton Pillar Order where they can on ex partesearch thepremises of M. In addition under section 136(3A), if a person infringes copyrightwillfully, and either or both of the following apply: (1) the extent of the infringementis significant: (2) the person does the act to obtain a commercial advantage; he isguilty of an offence. Hence, since M is pirating these CDs in order to sell them to gaina commercial advantage and to gain profits, this section may come into play and hecould be charged criminally.