Analysis a ethics problem

COPYRIGHT. Read the case the explain, and thoughtful analysis of your defense in the court.Include any relevant facts from above that would support and also those that would hurt your defense of copyright infringement.

“You are a little league baseball coach for your 8 year old nephew’s local team. As with most games of this age, they are rarely well attended by more than just the parents. Due to your team’s lack of talent they have been sub-par and after four weeks, have yet to win a single game. You notice that the kids on the team are having a hard time getting excited for the games and are not having much fun.

Half way through the season you decide to shake things up and put some fun back in it for the kids. You convince the PA announcer to blast “Shake It Off”, by Taylor Swift, as the players are finishing their warm up, while you dance the moves from her music video, for the entire song, in the batters on deck circle. Although you are a little embarrassed, the tactic worked. Your team watched you in awe, embarrassment, disbelief, or all three, laughed their butts off, relaxed before the game and actually won!!! The other team loved it and the parents were so grateful for some other entertainment beyond poor pitching and mercy run rules that they treated you to a rousing standing ovation.

As a true student of baseball you knew that this was the start of something good. For the

remaining games you planned to do this very same thing (after all it is probably the reason you won, and all baseball players are superstitious) before each and every game. After two more wins, you were convinced!! You were also unknowingly becoming a huge internet sensation.

One of the parents had taped your third performance(you were getting pretty good at this point) and uploaded it to Facebook, where it proceeded to go viral. 3 million hits later, you noticed that there were more and more people coming to your games, and not to just watch the stellar play of your team.

The stands were filling up with each game, concessions were selling out and ad space on the outfield walls sold out. Sponsors were now inquiring how to sponsor a team and where can they put an ad for their business. And the best part, by some miracle your team managed to turn the season around and make the playoffs.

The morning before your first playoff game you opened an official looking envelope to find it contained a cease and desist notice from none other than Taylor Swift’s legal team. She alleges

that you are violating her copyright by both playing her song and performing her dance moves in public. The letter also threatened a lawsuit alleging damages of $150,000 for each incident in

which you danced her moves and played her song. A copy of the lawsuit was included with the letter.

As a great coach you know that you could not stop this performance before this game. You also

know that more and more people were coming and watching you. The local TV station was going to be there to do a local feel good special on you for today’s game. Even in the face of this lawsuit you say screw it and do what you now do best….Shake it Off!!! Later that week you are served with process indicating Taylor Swift is suing you in court. While your nephew is psyched that you may get to meet Taylor Swift, you do not share his excitement.

Through your fear of being sued you vaguely remember some discussion of copyright law/issues from your college ethics class…..(if only I wasn’t online all class I could remember what my incredible professor taught us, you think). You somehow find your notes from the class and devise a plan to represent yourself in the lawsuit.

With the understanding that one who represents himself in court has a fool for a client you prepare your defense. Please explain, and give a thorough analysis of your defense. Include any relevant facts from above that would support and also those that would hurt your defense of

copyright infringement.”