Week Three Discussion: Intellectual Property Controversies

I need a post for the instructions attached. I also need a reply to a students post. I have copy/pasted the students post at the bottom of the document.
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Week Three Discussion: Intellectual Property Controversies
Introduction
Intellectual property rights are not a cut-and-dried area of the law. Controversies arise over
interpretation of the law in particular cases, over the invention of new technology that impacts
use or spread of IP, and the policies expressed within the intellectual property laws and court
decisions. Your task this week is to choose a debate that interests you and make your strongest
case to convince your classmates that the law supports your opinion.
Objectives
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Identify protectable interests and rights holders
Discern lawful use of others’ intellectual property and personality interests
Evaluate content utilization from a legal and community perspective
Analyze the interplay between legal and technological considerations in content use and
distribution
Assignment Instructions
For your initial post, select a controversy from the following list.
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IP Controversies Discussion Topics 050117.pdf (https://fso-lms4-immortalassets.s3.amazonaws.com/1657/20174/910976e5-8b04-4cc4-98a3-c4a84cbcb0b6-ff3da6c787aa-4980-aeeb8efb6ef45652/IP%20Controversies%20DIscussion%20Topics%20050117.pdf?X-AmzAlgorithm=AWS4-HMAC-SHA256&X-Amz-Date=20171206T001837Z&X-AmzSignedHeaders=host&X-Amz-Expires=600&X-AmzCredential=AKIAI4QJ7YJDQ7JYMBXQ%2F20171206%2Fus-east-1%2Fs3%2Faws4_request&XAmz-Signature=302212c7b07b69e40b16571ba5681c8c7365a031827376121c0f1a9d74d093e5)
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1. Research and summarize the controversy. You’ve been provided with links to statements of
the various positions, but feel free to research on your own (just be sure the sources are
credible).
2. Summarize your position on the controversy, asserting two-three arguments to support your
opinion.
3. Support your position with intellectual property law, research, and facts—opinion only will
result in a reduced grade.
For your response post, respond to a classmate(s) initial post using the RISE Model.
Deliverables Due
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Enter an initial post by Wednesday (11:59 pm Eastern). Minimum 3 paragraphs.
Enter a response post by Sunday (11:59 pm Eastern) to at least one of your classmate’s
initial posts or response posts. Minimum of one paragraph and follow the RISE Model.
Include references in APA format.
Ensure posts are written in a professional manner with proper spelling and grammar.
Reply to classmates post below:
Christopher Houston
Tue Dec 5 @ 2:52 pm PST
I decided to tackle the question of “Should filmmakers and video games be able to realistically
depict real people without their permission?” I initially thought to myself that using someone’s
likeness without their consent is wrong, but the more that I read into the issue I began to think
differently. Now I believe that this is fine under the correct circumstances.
Using someone’s likeness is fine since you would be using it under transformative properties in
terms of a parody. This follows the general idea of the First Amendment; Freedom of Speech, by
changing the general concept or idea of someone or a piece of work and using it to make their
work different. The argument of Electronic Arts vs Keller votes in favor of the EA since they are
using the likeliness of the players to enhance the overall product. It’s just a smaller feature in
the grand scheme of how the video game is constructed.
While the video games on display are attempting to represent the actual product of NCAA
Football to its fullest potential, EA still classes it as transformative work. They argue that while
it is just a likeliness, it is still just an imitation that adds to the creative elements of the product.
Therefore, I vote in favor of the idea that entertainment can realistically depict real people
without their permission because it is not the actual thing. They aren’t using the source directly,
they are using their likeliness to generate something that is more or less inspired by their work
to create something original.
RISE Model below:

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