This case involves intellectual property law, specifically issues of copyright infringement. Supervising attorney may be filing a complaint in federal district court on behalf of the client. Before doing so, she wants to do some preliminary research into the issue of whether the client can sue a company for copyright infringement through the use of a “digital audio recording device”. She has asked you to conduct the following research:
- Research the United States Code Annotated (USCA) on WestlawNext and locate the definition of a “digital audio recording device” under the copyright law. State the name of the statute, citation, and definition. Drop a copy of the statute in the Tune case file in Clio.
- Research the United States Code Annotated (USCA) on WestlawNext for copyright infringement. What are three remedies available to a party for copyright infringement? State the legal citations and drop copies of the statutes into the Tune case file in Clio.
- Find a federal case which discusses a “digital audio recording device.” What is the name and legal citation of the case? Drop a copy of the case into the Tune case file in Clio.
- Find secondary authority on WestlawNext which discusses “digital audio recording devices.” What is the purpose of The Audio Home Recording Act of 1992? Drop a copy of the secondary authority into the Tune case file in Clio.
- Research the Code of Federal Regulations. Do any regulations govern “digital audio recording devices”? Provide the correct Bluebook citation.
- Research the Federal Rules of Civil Procedure.
- What Rule governs the commencement of a civil action in federal court?
- What Rule governs service of the summons and complaint?
- If the complaint is to be filed electronically, what types of information needs to be redacted under Rule 5.2?
Instructions: Draft a law office memo which gives your analysis and reasoning in response to the questions above that is 2 or more pages long. Before submitting, you will need to ensure that your assignment is “law office ready” by having it reviewed and signed off by a Writing Workshop instructor.
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