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"""This is Business Law :
Case 1 : (Chapter - E-Contracts)
Case 2 : (Chapter - Checks, the Banking System and E-Money)
Case 3 : (Chapter - Bankruptcy Law)
Case 4: (Chapter - Employment and Labor Law)
This is 4 mini-case. You can apply each case for the law in chapter. And you do the same in file that is attached "sample case brief"
There are 4 cases in 4 chapters. In each case, we provide a real story in business. And we have to apply this law in this chapter (such as: E-contract,Employment law...) for each case. And we do the same with "sample case brief" (Fact, Issue, Law, Application and Conclusion)"
Sample Case Brief
(Please refer to the Turabian (Chicago) style manual for required standards of citation.)
Law for Business Executives
New Era Publications International v. Carol Publishing Group.
Jonathan Atach was a practicing Scientologist for nine years before he became disenchanted with the group. He then wrote a book that expressed his extreme dissatisfaction with L. Ron Hubbard and the philosophy of Scientology. Approximately three percent of the book was made up of carefully selected quotes from several sources authored by Mr. Hubbard and published by New Era Publications. New Era Publications felt that if Jonathan's publisher, Carol Publishing, printed his book they would violate copyright laws and sued for in injunction. Carol Publishing contended that Jonathan's work utilized the copyrighted material fairly and should not be restricted from printing this book.
2) Important Issues Relevant to the case:
The important issue that must be determined is whether or not New Era's interests would be infringed on by Carol Publishing if Jonathan's book were to be printed, or if Carol Publishing's interest would be suppressed if denied the right to publish. To determine the answer we must look at the content, purpose, and nature of Jonathan's book. We must also then consider how much material was lifted from Ron Hubbard's original work and what way the new book might impact it commercially.
3) What the law says and how it relates to the facts and issues
The law spells out what type of material can be copyrighted, when it originates, how long it applies, and what is subject to protection. The "Fair Use" doctrine makes provisions for the reuse of selected parts of material that is otherwise protected by a copyright for the express purpose of critical analysis, education, social commentary, research, and reporting. In determining if a new work is protected by the "Fair Use" doctrine, the law considers the nature of the new material, whether it is for commercial or nonprofit educational us, how the work will impact the market for the original work, and how much of the original work was infringed on and how it applies to the new work. The laws applying to copyright protection are broad in scope and provide a lot of room for interpretation. The courts have therefore historically had to examine each case individually based on the merits of the work and the causes of action.
4) In this case there is no dispute about whether or not Ron Hubbard's work is entitled to copyright protection. Both he and New Era Publishing have met the conditions for having their work protected according to copyright law. What is being disputed is the interest of Carol Publishing and Mr. Atack. If we examine each of the conditions provided for under the concept of "Fair Use" we can determine how to rule in this dispute.
The first condition asks the court to study the nature of the copyrighted material and how it relates to the new proposed publication. Ron Hubbard is a public figure and a well read author. His publications have an impact on the way people think and act. In fact, the title "Church of Scientology" implies that his literature has a religious intent and will therefore automatically tend to be controversial than a dime-store novel. Mr. Atack has written a severely critical dissenting viewpoint to the teachings of Ron Hubbard. New Era may not like or agree with what Mr. Atack has written but that does not permit them from preventing him to do so. His rights to publish are equally protected.
The next condition asks us to consider the purpose, character and commercial aspects of the work. Mr. Atack has written a book for the soul purpose of expressing his own opinions and ideas about the Church of Scientology. To assist his reader in understanding the exact message of Ron Hubbard, he has quoted work directly word for word. This is not only the most effective way to identify and analyze the message of another author it is also the fairest way as well. It is also clear that the new work is a commercial venture. There is no indication that the profits from the book will go to any type of nonprofit organization of any kind.
The third condition that the court must consider under the fair use clause involves how the new work, if published, may impact the commercial sales of the original work. The new book proposed by Carol Publishing is a unique piece of literature.
The educational experience of reading Rom Hubbard's books would be completely different from what the reader would gain by reading Jonathan Atack's critical analysis about Scientology. The market for each book is therefore different and thus there is none or little commercial conflict. In fact, it is reasonable to assume that each book may indeed lead to increased sales for each publisher as readers choose to examine two opposing points of view.
The final condition that we must examine is how much specific material has actually been reprinted. The facts indicate that three percent of Jonathan Atack's new book consists of quotes from Mr. Hubbard's existing publications. In order for critical analysis to be credible the critic must be very careful in presenting the original opinion properly before he expounds his dissenting viewpoint. The most effective way to do that is to quote word for word the work of the original author. This is not only the common practice followed by journalist in our society, but it is also the best way to protect oneself from the possible liability of slander.
It is the opinion of this court that Carol Publishing should be permitted to publish Jonathan Atack's new book. New Era Publishing is attempting to use the heavy-hand of copyright protection in order to suppress the critical review of the literature that they exclusively publish. The specific purpose of the "Fair Use" doctrine is to protect the interest of individuals like Mr. Atack and allow him to use quotes from Mr. Hubbard's work without first seeking permission from the original publishers. Such a condition would be oppressively restrictive and not forthcoming from any author who did not want to have his work scrutinized. This would be unfair to the general public who has the protected right to study, analyze, and comment freely about the ideas and teachings of others.