Intellectual Property Law Essay Example | Topics and Well Written Essays - 1750 words

Intellectual Property Law - Essay ExampleThis fact is negligible. Wherever the assume took place is irrelevant. As long as there was some verbal intellect, that could still be considered a contract, as will be shown in the neighboring point. 3. No formal contract was signed between TWD and Yello. Even though TWD and Yello did non sign a contract, LMI and TWD made the agreement that LMI would arrange it so that they would hire TWD to set up a website for the band. Such relationships are termed quasi(prenominal)-contract. Although there is no contract or agreement between the parties, they are put in the selfsame(prenominal) position as if there were a contract between them.1 The definition of what a quasi-contract is nookie be given here. As defined in Blacks Law Dictionary, a quasi contract is an responsibility which law creates in absence of agreement it is invoked by courts where there is unjust enrichment The function of quasi contract is to raise obligation in law where i n fact the parties made no cry, and it is not based on apparent intention of the parties.2 Also, contracts do not have to be written down to be enforceable. A contract, by definition, is an agreement between two or more persons which creates an obligation to do or not to do a particular thing. Its essentials are competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation.3 Additionally, a contract is formed in any transaction in which one or both parties make a legally enforceable promise. A promise is a commitment or undertaking that a given event will or will not occur in the future and whitethorn be express or implied from conduct or language and conduct. A promise is legally enforceable where it was made as part of a mess for valid consideration reasonably induced the promise to rely on the promise to his detriment or is deemed enforceable by a statute contempt the lack of consideration.4 There are several types of contracts, in addition. Contracts may be one of three types express (an agreement brought about by words) implied-in-fact (an agreement brought about by conduct) or implied-in-law, also known as a quasi-contract (which is not a true contract but an obligation imposed by a court despite the absence of a promise in order to avoid an injustice.5 Since it has been shown that there was a quasi-contract between LMI and TWD, TWD is now act to performing services for LMI under the script that was hammered out in the Wine Bareven though nothing was put down in writing in a formal sense. However, this could indeed hurt LMI later as one shall see. 4. The website includes photos of Yello given to TWD, and three (3) short extracts of songs from Yellos first album. TWD does not necessarily own the images or the three (3) short extracts of music given to TWD in order to market the band Yello. The copyright of the music belongs to LMI since they had a deal signed with them. Whoever took the photographs (on e would presume that would be the photographer) who would own the copyrights to the band Yellos photos. However, if Yello purchased the copyright of the images, then the images belong to themor if the Yello bands image is already copyrighted. This can be a complex issue. If Yellos image is not copyrighted, it may be able to be distributed other places. Also, the copyright on the song excerpts moldiness also be copyrighted in order to make sure that if there is any type of infringement, then the people or person infringing upon the copyright of