QUESTION 3 INTELLECTUAL PROPERTY AND CAUSING HARM

While studying performing arts at university Luca discussed with one of his teacher, Claire, an idea that he had for a stand-up comedy routine. He told Claire that he intended to write it and have it published under the title: How the Idiots Fail. Luca wrote his notes for his play in his diary at home.

Without Lucas knowledge, Claire in fact wrote a comic book incorporating Lucas ideas and had it published. She even used the title How the Idiots Fail as the title for her work. After negotiating a satisfactory deal Claire then assigned her copyright to the comic book to the publisher. A local theatrical company, Laughs Out Loud (LOL), then obtained permission from the publisher to write a theatre play based on Claires comic book.

Always on the lookout for a good comedy show Luca attended the opening performance of a play by LOL which happened to be called How the Idiots Fail. As he watched it Luca soon learned the performance was entirely based on the story line that he had shared with his teacher, Claire, and for which she was now given total credit as its creator. How the Idiots Fail was widely acclaimed amongst the critics as one of Australias best situational comedies.

After the show LOL held a big party at Bueno cafe and Luca attended. Luca accused Claire of stealing his idea insisting that he owns the copyright to How the Idiots Fail.

Working at the after-show party was Gordon who has been employed at Bueno caf for many years as a barista and food waiter for functions. Last year Gordon was diagnosed with epilepsy. Epilepsy is a medical condition that disturbs the brains electrical activity and can cause seizures. Gordon can carry on a normal life without getting seizures by taking his medication, staying healthy, managing his stress levels, and keeping away from flashing lights.

Gordon explains his condition to the manager at the caf, who agrees it should not create any difficulties because Gordon is unlikely to have any seizures if there are no flashing lights at the caf. The manager makes a note in his diary to include information on epilepsy in the cafs next annual work health and safety staff training day but says he does not want Gordon to tell the other staff members about his problem and make them worry.

On this day of the after-show part Gordon is working as a food waiter carrying trays of food amongst the guests. One of the lead actors, Hugh, was celebrating his birthday and the other staff members, who are star struck, suddenly break into happy birthday song and then turn of all the lights and bring in a massive birthday cake covered in lighted sparklers that flash brightly in the dark caf.

Gordon is very surprised and looks at the flashing sparklers, but to everyones surprise he falls over, becomes unconscious and breaks his arm as he hits the ground.

Gordon has also not been able to work for at least 6 weeks.

Using relevant legal principles,

3A Advise Luca whether he has any cause of action against Claire, his teacher, for stealing his idea for a comedy routine and having it published as her work. (

3B Explain whether Luca has any cause of action again LOL for their performances of How the Idiots Fail .

3C Discuss whether Gordon would be successful in a negligence claim against Bueno caf?