Question 1 -

A restaurant owner, Tim, whilst listening to the Western Australian radio station YZZZ, heard some classical music, (written and performed by the Australian group Class Act, and recorded by YZZZ) which he really enjoyed. After learning that the music was to be re-played that evening, he decided to record it with the intention of using it as background music in his restaurant, while diners dined. He was sure that the music would contribute towards creating a pleasant and relaxed atmosphere which would encourage the customers to return for a second time.

With reference to Australian Copyright Law, what rights do the various people have? Have any been infringed?

Question 2 -

FJ Ltd is a manufacturer of fruit juice. Its new mango and capsicum fruit juice has just been released. The label was specially designed by Ritzy Marketing Pty Ltd ('Ritzy'). It consists primarily of a painting of an orchard at dawn. The painting was commissioned by Ritzy from a well-known artist, Micki Angel. Micki was told the painting was to be used on a new fruit juice label for a premium product. There is no written agreement between FJ and Micki or Ritzy and Micki. FJ wants to use the painting on some of its other products (tinned fruits, dried fruits) and on a range of novelty items that it sells. These items include a chef's apron, fruit bowls and Tshirts.

Micki was not told about these uses. She wants to know if she can stop FJ and Ritzy using the painting other than on the new fruit juice. Alternatively, she wishes to know if there is any other remedy available to her. Advise Micki.

(Question from: Clarke, B., Sweeney, B & Bender, M. (2011). Marketing and the Law. Lexus Nexus)