Case study 3:

ZeeHome has a new project with one of the biggest Municipalities in country. The Municipality has asked ZeeHome to prepare a new architectural plan for the Municipality park. The Municipality wants something impressive that would enhance the touristic reputation of the city. While trying to find inspiration, one of ZeeHome engineers discovers the plan of an extraordinary park in a foreigner country. The plan fulfills all the criteria set by the Municipality. The engineer decides to use that plan with some minor adaptations mainly linked to the perimeter and presented it as a ZeeHome plan. The Municipality was over thrilled with the plan. Few months later, the parc was ready to receive visitors: locals, and tourists. The parc had a real success. ZeeHome was nominated for an International prize for their creative architectural plan.This nomination has helped into attracting even more visitors from all over the world for the parc, and gaining more clients for ZeeHome.

The Yorker, the original owner of the architectural plan, was surprised to see his plan gaining an international recognition. He is claiming that he is the copyright holder of the plan and that ZeeHome has not taken her permission before using it although in a different country and thus they have violated copyright law. ZeeHome replied asserting that even if no permission was given, their use of the plan is not a violation of copyright their action falls under the exception of fair use.

Issue 3:

3.1. Is the architectural plan protected by Copyright Law? (40 marks)

3.2. Does the behavior of ZeeHome violate the copyright law or does it fall under the exception of fair use? (60 marks)

Rule: Must be completed by the students

Rule 3.1 Read p. 155-156 Copyrights

Rule 3.2 Read p. 163 Limitation on Exclusive Character of Copyright

Students must define copyright and indicate the duration of copyright.

Student must define the fair use exception and enumerate and explain the main factors used to assess if the alleged infringement falls under fair use.

Application: Must be completed by the students

Application 3.1 Students must apply the copyright definition and conditions. Application 3.2 Students should apply the factors of fair use to ZeeHome behavior. Conclusion: Must be completed by the students

Students must conclude by giving their opinion based on legal rules answering all the questions mentioned in Issue 3