What are the ethical considerations in a Non-Disclosure Agreement (NDA) and IP Contract? Review, analyse and...

 

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What are the ethical considerations in a Non-Disclosure Agreement (NDA) and IP Contract? Review, analyse and comment on South Metropolitan TAFEs Copyright Policy and non-disclosure agreements. Examine occurrence and consequences of ethical infringement cases involving an NDA. Give two example cases. QUESTION 5 - PLAGIARISM - Blatant copying CASE 4 - Men At Work have been ordered to pay 5 per cent of royalties for plagiarizing part of their 1980s hit Down Under. In February the Federal Court ruled the iconic Aussie band plagiarized part of the song, which was penned in 1979 but only achieved worldwide success after a flute riff was introduced to the track two years later. Larrikin Music said the band stole the riff from the children's song Kookaburra Sits in The Old Gum Tree. Kookaburra Sits In The Old Gum Tree was written by Melbourne teacher Marion Sinclair for a Girl Guides jamboree in 1934 and has been sung by generations of Australian children ever since. Larrikin owns the rights to the song and had been seeking up to 60 per cent of Down Under's profits as compensation. The Federal Court was told that Men at Work's Business As Usual album, on which the song appears, had achieved huge commercial success both in Australia and overseas. Today Justice Peter Jacobsen described Larrikin's compensation request as "excessive, over-reaching and unrealistic". "Although the quotation from Kookaburra in the 1981 recording is - in my view - sufficient to constitute an infringement of copyright, other factors are to be taken into account in assessing the percentage interest payable in a hypothetical licensing bargain," he said. Justice Jacobsen ordered Men At Work front man Colin Hay, fellow songwriter Ron Strykert and EMI to pay Larrikin 5 per cent of future profits, as well as royalties dating back to 2002. https://en.wikipedia.org/wiki/Down Under (song) a) What are your opinions on the fairness of the case above? Marion Sinclair said that the song came to her from above and that she did not own it. | COLIN Hay has revealed that he believes the stress from the copyright case over Men at Work's Down Under contributed to the death of both his father Jim and bandmate Greg Ham. https://www.news.com.au/entertainment/music/men-at-works-colin-hay-says-down-under-lawsuit- contributed-to-death-of-his-dad-and-bandmate/news-story/db47d17797386c960b7a7737974ea1ce b) Do you think that these extra facts in any way change the ethics and morality of the Colin Hay case (Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited)? c) The music industry has many examples of infringement. Find, document, and comment on another example case of plagiarism in the music industry What are the ethical considerations in a Non-Disclosure Agreement (NDA) and IP Contract? Review, analyse and comment on South Metropolitan TAFEs Copyright Policy and non-disclosure agreements. Examine occurrence and consequences of ethical infringement cases involving an NDA. Give two example cases. QUESTION 5 - PLAGIARISM - Blatant copying CASE 4 - Men At Work have been ordered to pay 5 per cent of royalties for plagiarizing part of their 1980s hit Down Under. In February the Federal Court ruled the iconic Aussie band plagiarized part of the song, which was penned in 1979 but only achieved worldwide success after a flute riff was introduced to the track two years later. Larrikin Music said the band stole the riff from the children's song Kookaburra Sits in The Old Gum Tree. Kookaburra Sits In The Old Gum Tree was written by Melbourne teacher Marion Sinclair for a Girl Guides jamboree in 1934 and has been sung by generations of Australian children ever since. Larrikin owns the rights to the song and had been seeking up to 60 per cent of Down Under's profits as compensation. The Federal Court was told that Men at Work's Business As Usual album, on which the song appears, had achieved huge commercial success both in Australia and overseas. Today Justice Peter Jacobsen described Larrikin's compensation request as "excessive, over-reaching and unrealistic". "Although the quotation from Kookaburra in the 1981 recording is - in my view - sufficient to constitute an infringement of copyright, other factors are to be taken into account in assessing the percentage interest payable in a hypothetical licensing bargain," he said. Justice Jacobsen ordered Men At Work front man Colin Hay, fellow songwriter Ron Strykert and EMI to pay Larrikin 5 per cent of future profits, as well as royalties dating back to 2002. https://en.wikipedia.org/wiki/Down Under (song) a) What are your opinions on the fairness of the case above? Marion Sinclair said that the song came to her from above and that she did not own it. | COLIN Hay has revealed that he believes the stress from the copyright case over Men at Work's Down Under contributed to the death of both his father Jim and bandmate Greg Ham. https://www.news.com.au/entertainment/music/men-at-works-colin-hay-says-down-under-lawsuit- contributed-to-death-of-his-dad-and-bandmate/news-story/db47d17797386c960b7a7737974ea1ce b) Do you think that these extra facts in any way change the ethics and morality of the Colin Hay case (Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited)? c) The music industry has many examples of infringement. Find, document, and comment on another example case of plagiarism in the music industry