Business Law Paper
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Tiki Shark Art Incorporated vs CafePress.Com Inc.
Team A
LAW/531
September 1, 2014
Professor
Tiki Shark Art Incorporated vs CafePress.Com Inc.
Introduction
Our team was tasked to write an IRAC brief on a current event and then discuss how the legal concepts in the selected case can be applied within a business managerial setting. Most of the world’s economies are based on the right to own property. There are three types of property ownership – real property, personal property and intellectual property. These property rights are vital to the success of businesses and are protected by federal laws. Most people are familiar with real property which is property that cannot be moved, such as land. Personal property is movable objects such as the products made by the company. But as the internet and cyberspace continues to grow and play a vital part in the way we do business, intellectual property rights need to be of ultimate consideration by companies of all sizes. Intellectual property is work created by the human mind, and falls into a category of property called “intangible rights”.
The case our team has chosen to discuss involves intellectual and personal property rights. A suit was filed for action seeking injunctive relief, declaratory judgment, and damages for the unauthorized use of an original painting created by renowned Hawaiian Tiki artist, Brad "Tiki Shark" Parker, entitled "Forbidden Island" (the "Work"). Plaintiff is Parker's company and owns all rights to commercialize the Work. Defendant CafePress.com, Inc., copied and reproduced the Work without authorization on products such as towels, flip-flop shoes, mugs, and other goods, and then sold these goods on its website.
Issue
Did CafePress.com use a painting entitled “Forbidden Island”, created by Tiki artist Brad Parker, without his consent?
Rule
Under the Copyright Act, 17 U.S.C. § 501, and 1202(b), no person shall, without the authority of the copyright owner or the law distribute,...
Team A
LAW/531
September 1, 2014
Professor
Tiki Shark Art Incorporated vs CafePress.Com Inc.
Introduction
Our team was tasked to write an IRAC brief on a current event and then discuss how the legal concepts in the selected case can be applied within a business managerial setting. Most of the world’s economies are based on the right to own property. There are three types of property ownership – real property, personal property and intellectual property. These property rights are vital to the success of businesses and are protected by federal laws. Most people are familiar with real property which is property that cannot be moved, such as land. Personal property is movable objects such as the products made by the company. But as the internet and cyberspace continues to grow and play a vital part in the way we do business, intellectual property rights need to be of ultimate consideration by companies of all sizes. Intellectual property is work created by the human mind, and falls into a category of property called “intangible rights”.
The case our team has chosen to discuss involves intellectual and personal property rights. A suit was filed for action seeking injunctive relief, declaratory judgment, and damages for the unauthorized use of an original painting created by renowned Hawaiian Tiki artist, Brad "Tiki Shark" Parker, entitled "Forbidden Island" (the "Work"). Plaintiff is Parker's company and owns all rights to commercialize the Work. Defendant CafePress.com, Inc., copied and reproduced the Work without authorization on products such as towels, flip-flop shoes, mugs, and other goods, and then sold these goods on its website.
Issue
Did CafePress.com use a painting entitled “Forbidden Island”, created by Tiki artist Brad Parker, without his consent?
Rule
Under the Copyright Act, 17 U.S.C. § 501, and 1202(b), no person shall, without the authority of the copyright owner or the law distribute,...