Question: Question 7 Complete MarkOoutof1 { Flag question Tommy has seen copyrighted plans and drawings for products that he thinks his own company could profitably make.

Question 7 Complete MarkOoutof1 { Flag question Tommy has seen copyrighted plans and drawings for products that he thinks his own company could profitably make. He tells you that it is his understanding that as long a: he "changes the plans by 10%' then he will not be infringing anyone's copyright". (a). "Is his statement correct?" (Yes or No answer is required and Your explanation to support your answer) (b). Explain to Tommy how infringement of copyright is addressed by the courts. (a) Yes, his statement is correct because as long as you change 10% there is no infringement. Even if Tommy changes the plan by 10%. there will still be substantial similarity between the plans he has made and the copyrighted plans and drawings he has made in light of the remaining 90% remain unmedified thus Tommy will not be infringing anyone's copyright by changing 10% of the plans. (b) Copyright is infringed when someone uses all, or a 'substantial part' of the copyright protected material in one of the ways exclusively reserved to the copyright owner without authorization or consent where no defence or exception to infringement applies. The courts will consider whether an owner 'authorized' an act is determined by looking at matters such as whether any reasonable steps were taken to avoid any infringing act and the extent of the person's power to prevent infringing act. Also, what may amount to a 'substantial part' of the copyright may be a difficult question to answer and the courts have held that a 'substantial part' is any important, distinctive or essential part of the original material, not necessarily a large part. Th issue is quality not quantity. Additionally, the Federal Court who hears the dispute will consider why the third party used the material and whether and to what degree there was competition between the owner's material and that of the third party. Comment: Yes, his statement is correct because as long as you change 10% there is no infringement. 77? please read text reference below Part a. is about the Substantial part; therefore, you need to explain it in detail. Please refer to Ch5.3 Ownership - Infringement (b) What is a \"substantial Part?\

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