Emailcardsonline.com offers free e-cards for various occasions. Ted Twister discovered a card on the site that he liked very much. He printed a copy, reformatted it using different design, fonts, and colors, but kept the exact same text as the e-card. He submitted the card to a major greeting card publisher who bought it. Emailcardsonline.com files suit against Ted Twister and the greeting card publisher. The publisher countersues or cross-claims against Ted Twister.
Examine all possible causes of action each party—Ted Twister and Emailcardsonline.com—has, the available defenses, and the party most likely to succeed.
In ABC Company hires freelance writers to write instructional manuals for their in-house training courses. Gina Grant, one of the freelancers, takes one of the manuals she wrote and sells it to a competitor. ABC sues Gina for copyright infringement.
Based on the above information, answer:
- Does ABC have a cause of action against Gina?
- Does Gina have cause of action against ABC?
- Analyze the relevance of whether or not the work contracted was a “work for hire.” Justify your answer.