case study

Case Study: Winstead v. Jackson

Purpose:

The purpose of this assignment is to take a closer look at the study of intellectual property law is

important because intellectual property is of increasing importance in the United States and

internationally.

Objectives:

1. Students will explore Copyright infringement.

2. Students will apply how to determine Theft of trade secrets.

Preparation Instructions:

1. Compose your Case Study: Winstead v. Jackson assignment in Microsoft Word or a compatible word processing application.

2. The paper should be formatted and typed using Times New Roman, 12-point font, double-spaced, and one-inch margins (no exceptions).

3. The length of the paper should be at least 4 pages (including the title and references pages). 4. Use APA 6th edition formatting and use a minimum of 2 references.

Content Instructions:

Shadrach Winstead, the author of The Preacher's Son—But the Streets Turned Me into a Gangster, filed a

suit in a federal district court against Curtis Jackson, who wrote and performed the songs on the CD

Before I Self–Destruct and wrote, starred in, and directed the companion film of the same name.

Winstead alleged that Jackson’s CD and film infringed the copyright of Winstead's book. The court

dismissed the complaint. Winstead appealed.

The U.S Court of Appeals for the Third Circuit affirmed. A comparison of Winstead's book and Jackson's

CD and film did not support a claim of copyright infringement. “A lay observer would not believe that

Jackson's album/CD and film copied protectable aspects of Winstead's book. * * * Winstead's book and

Jackson's works share similar themes and setting,” but “the story of an angry and wronged protagonist

who turns to a life of violence and crime has long been a part of the public domain. * * * In addition,

Winstead's book and Jackson's works are different with respect to character, plot, mood, and sequence of

events.”

1. Which expressions of an original work are protected by copyright law? 2. Is all copying copyright infringement? If not, what is the test for determining whether a creative

work has been unlawfully copied?

3. How did the court in this case determine whether the defendant’s work infringed on the plaintiff’s copyright?

4. Is a claim of copyright infringement supported if two works’ share similar themes and setting, as well as words and short phrases? Explain.

Submission Instructions:

1. Save this assignment as “fname_lname_winstead_v_jackson.doc.” (i.e., john_smith_winstead_v_jackson.doc)

2. Access the Assignments link located on the Course Menu to upload the final document as an attachment to the Case Study: Winstead v. Jackson drop box by the due date listed on the Course

Schedule.