Legal Case Studies: Bailment and Copyright Exploitation

Case Study A: Bailment in a Restaurant

Eleni owns and operates a restaurant. During the winter months, it is inappropriate for diners to bring their coats with them to their table. Eleni therefore provides a place for coats to be placed or hung.

Does this arrangement necessarily involve a bailment? Is some other arrangement possible? What is the significance of classifying the arrangement as a bailment rather than something else? Explain your answer, and identify any additional facts that are required before the question can be conclusively answered.

1.Provides a definition of bailment.

2.Identifies another type of legal arrangement which may apply to the scenario and provides a definition of it.

3.Identifies the factual elements which must be present in a bailment arrangement.

4.Analyzes the scenario and states some questions of fact which must be answered before finally deciding what type of legal arrangement best describes the situation.

5.Lists the consequences for Eleni if the arrangement is classified as a bailment.

Trevor is a struggling, but very talented, musician. Over the years, he has written many great songs, but has yet to receive any media attention for his good work. Frustrated that he has never been able to achieve commercial success, he recently began to explore the idea of selling or licensing his work to other, already established, pop artists. He comes to your record label seeking to sell certain parts of his copyright.

1.How do you foresee being able to exploit Trevor's work? Illustrate how Trevor's work could be unbundled and exploited. Does Trevor run any risks in transferring his rights?

2.Explains the concept of unbundling copyright.

3.Describes the rights attached to copyright that may be subject to unbundling.

4.Lists some rights which may be attractive for the record label to acquire.

5.Identifies some risks Trevor may run in transferring any of his rights.