Discussion Question : Emailcardsonline.com and Ted Twister
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.
Discussion Question : Work of Hire and Copyright Infringement
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.