Unfortunately for Bobby, Johnny Singstealer recently (answer is attached)
Unfortunately for Bobby, Johnny Singstealer recently got wind of the Bistro’s famous birthday activities. Johnny is the copyright holder of the “Happy Birthday to You” song and he was outraged to learn that Bobby was singing his song to customers at the Bistro without paying any licensing fee to Johnny for the right to do so. Thus, Johnny and his team of lawyers have filed suit against Bobby Bandleader and Bobby’s Bistro Restaurant, seeking 1 million dollars in damages for past and present copyright abuse, as well as an injunction against any further performances of the song by Bobby until a licensing agreement is in place. Both parties have agreed to submit the dispute to arbitration to save on the costs of going to trial.
You are the arbitrator in charge of resolving this legal dispute. You have been asked by both sides to render a verdict based upon your understanding of copyright law and the facts of this case. You are to decide what amount of damages, if any, Bobby Bandleader owes for singing the song in the past, and whether or not he can continue to do so in the future, absent of reaching a licensing agreement with Johnny Singstealer. Please write a one-page ruling that details your answer and explains how and why you reached the conclusion that you did.
K E Y P L A Y E R S
Bobby Bandleader, Bistro Operator
I should not have to pay any money. Everybody sings “Happy Birthday to You.” It’s like a national tradition or something. Besides my version is better anyway. I harmonize it a little bit and use some different words. It’s not even the same song; it’s much better. That’s why people love to come to my bistro to celebrate their birthday because they love how well I sing the “Happy Birthday to You” song. If I have to stop singing it or start paying out a licensing fee, I won’t make as much money as I do now and I really don’t want that. Times are tough as it is and I know that if I have to pay out 1 million dollars, I will have to shut down my restaurant. I worked hard to make my bistro a success and this lawsuit could ruin everything.
Johnny Singstealer, Copyright Holder
Bobby Bandleader and his bistro are robbing me blind — have been for twenty years now. I’m glad I finally found out what he’s been doing. I inherited the copyrights to the “Happy Birthday to You” song fair and square from my family and I want what’s coming to me. I need that royalty money from the song — it’s the only income I have and suing people to protect my rights is a full-time job in and of itself. I can’t afford for people to be able to sing my song without paying me my money. How else am I supposed to support myself?
Joe, Bistro Customer
I like the food at Bobby’s Bistro – it’s very tasty. I like the song “Happy Birthday to You,” as it was sung to me by my mother every year on my birthday, and I sing it to my kids on their birthdays. I think that people have a constitutional right to freedom of speech to sing whatever song they want to sing. However, I do believe that people should not be allowed to steal the copyright-protected works of others and perform them without paying a licensing fee.
Y O U D E C I D E
Activity
Required : Read the scenario summary above and prepare a one-page essay rendering your decision. Please be sure to cite all sources used in APA format.
Note to the student: You are being graded on your demonstration of reasoning, critical thinking, and analytical abilities in applying what you are learning about copyright law. If you use your text or outside sources of information, please provide in-text citations and references using APA.
Grading Rubric:
Category
Points
Description
Understanding
20
Demonstrate a strong grasp of the problem at hand. Demonstrate understanding of how the course concepts apply to the problem.
Analysis
5
Apply original thought to reaching your decision. Apply concepts from the course material correctly toward solving the legal issue.
Execution
5
Write your answer clearly and succinctly by using strong organization and proper grammar. Use citations correctly.
Total
30
A quality paper will meet or exceed all of the above requirements.
Submit your assignment to the Dropbox located on the silver tab at the top of this page. For instructions on how to use the Dropbox , please click here .
See Syllabus/”Due Dates for Assignments & Exams” for due date information.
