Emailcardsonline.com offers free e-cards for various occasions. Ted Twister discovered a card on the site that he liked very much. He printed a copy, reformatted it using different design, fonts, and colors, but kept the exact same text as the e-card. He submitted the card to a major greeting card publisher who bought it. Emailcardsonline.com files suit against Ted Twister and the greeting card publisher. The publisher countersues or cross-claims against Ted Twister.
Examine all possible causes of action each party—Ted Twister and Emailcardsonline.com—has, the available defenses, and the party most likely to succeed.
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Discussion Question 2: Work of Hire and Copyright Infringement
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In ABC Company hires freelance writers to write instructional manuals for their in-house training courses. Gina Grant, one of the freelancers, takes one of the manuals she wrote and sells it to a competitor. ABC sues Gina for copyright infringement.
Based on the above information, answer:
- Does ABC have a cause of action against Gina?
- Does Gina have cause of action against ABC?
- Analyze the relevance of whether or not the work contracted was a “work for hire.” Justify your answer.
