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X, a hotel chain disovered that a competitor is using its melody from one of the chain's tv ads to promote its own hotel. would it consitute infingement and what defensed would be available? Im not sure if the tune or melody itself is protectable under copyright law at all??

Submitted: 119 days and 15 hours ago.

Category: Legal

Value: $15

Status: CLOSED

Posted by Daniel Solutions 119 days and 15 hours ago.

Answer

The melody would need to be copyright protect for the hotel chain to sue for infringement unless the other hotel is attempting to infer that the two are connected. So bottom line is that unless either it's copyright protected or the hotel is attempting to suggest to the public that they are connect, then there wouldn't be a violation.

119 days and 15 hours ago.

Reply

so, assuming that the melody was federally regestered and protected, would it be infringement?? would the other hotel what 'stole' the melody have any available defense?
the hotels were not connected.. they were two different hotel chains..

Accepted Answer

If the melody is a registered material then it would be infringement.
There are no defenses if the melody has a valid copyright.

Accepts:
Expert:	Daniel Solutions
Pos. Feedback:	98.6 %
Answered:	7/26/2009

Lawyer (JD)

Practing General Attorney, Professor and Lecturer of law for two decades

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