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Business Law tutorial

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Business Law tutorial

  1. 1. 1 N. Syafiqah Husin Question 1 Wilson is a members of XYZ Photographers who makes money by capturing wedding moment of their clients. Once they capture the photos, they upload the photos to their Facebook page. With that, they gained popularity and more and more profits earned. And because of that also they have branched out to videography. Similarly they also upload the videos using their YouTube page. Wilson should concerned about the copyright of their photos. Since XYZ photographers had produce an original expression of ideas and with copyright they can be protected. Not only that when they were taking clients shoots, they are expressing the moment using their skills. And therefore Copyright is automatic and they do not have to register but it is advisable to do so. Wilson should also concerned about trademark as they should create a watermark in each and every pictures that they uploaded. Perhaps insert a logo and their work will be protected under trademark so that when someone illegally copy or trying to reproduce it, the trademark will be there. It indicates that work is Wilson’s work under the name of XYZ Photography. With trademark it helps as XYZ Photography to market their services sincelogos are easily recognize and therefore it will eventually help XYZ to boost their consumer base. Hence more profit. Another concerned that Wilson must be aware of is when they uploading their creative work into their Facebook page and YouTube channel, they are using their customer as their product. So before the customer actually use their services, Wilson must explained to their customer that they are using their photos for commercial use. Upon agreement, XYZ will be protected against legal issues as it states that the customer agrees to use whole or some part of the video of them for commercial use. However in the case of other people who are “not the main actor(s)” of the video do not have to sign an agreement with XYZ Photography because in that video, they are not the main focus or the “main actor(s)”. Some issues may arise with this job. People can actually copy XYZ work. They also can screenshots and edit their creative work and make it as their own work. XYZ can be at loss because technology nowadays are very advance. The solution will be making XYZ Facebook page private and only the “Real people” will real intention will be accepted and invited to join the group. Not only that they should disable downloads or copy in the setting. On the other hand they also should not upload all of the shots they made and perhaps insert watermark so that it will be hard for people to copy it.
  2. 2. 2 N. Syafiqah Husin Question 2 Daniel and Azalea engaged and will be married around the corner. They hire XYZ Photographers as their Videographers. Both of them requested a song by John Legend title all by me as their background song for their video. It is not permissible to use John Legend music because the music is protected by copyright. When XYZ uses John Legend music as their background music without the John Legend's permission, they are liable for damages. This is because they are committing copyright infringement. John Legend Music record has the right to sue XYZ Photography on the ground that XYZ is profiting using his music. Since XYZ Photographers gaintheir reputation by providing good quality of photos and video, they are profiting from John Legend’s property, so John Legend can account for profit that was earned by XYZ Photography. On the other hand, if XYZ Photography use John Legend’s song as their background music for their video and upload it in their YouTube page will be a major problem. Somebody could rip off his audio from XYZ Photography video and thus they get it for free. It will remove their need to buy john Legend music and this hinder John Legend ways to earn money. That is one of many reason why it is not permissible to do so. On contrary, it is permissible to use John legend music as long as XYZ photography informed John Legend music records. They must also seek permission from John Legend as the copyright music are protecting John Legend financially. So in order to use his music, firstly XYZ must obtain a license for John Legend music publisher. It will give XYZ Photography the right to use his music and XYZ Photography are protected from any legal issues. But keep in mind that XYZ Photography might want to obtain a few licenses becausemaybe the song have few copyright protection. For example; protection for the song and the other one is the recording, the rhythm the harmony of the song. Another way to use John Legend song as background music video is by using music cover. Ask some artist to cover the song for XYZ Photography to use the cover song. This is to avoid copyright violation by creating a disclaimer at the bottom of the DVD and also at the credits section at the very end of the video. All the credits goes to John Legend as the original owner.

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