You are a paralegal at a Lynchburg law firm that regularly handles intellectual property matters. In fact, a sizeable portion of the firm’s new clients are photographers, as it seems like everyone is dabbling in photography these days. Your firm represents Phoebe Smith who operates a single-member LLC, Phoebe’s Photography, LLC, here in Lynchburg, Virginia. Phoebe does mostly weddings and high school senior photos. She has, however, recently begun to travel the countryside taking nature shots, that is, pictures of the beautiful landmarks that the Virginia countryside has to offer. She has also traveled outside of Virginia, all in attempts to take better, more awe-inspiring photographs.

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Cease and Desist Letter Assignment Instructions[1]

Instructions:

You will write a cease and desist letter relating to a copyright infringement issue. The letter will be formatted as if it were to be submitted to an attorney for review. The assignment will be based on a hypothetical fact situation that an intellectual property paralegal would be likely to encounter.

Hypothetical Situation:

You are a paralegal at a Lynchburg law firm that regularly handles intellectual property matters. In fact, a sizeable portion of the firm’s new clients are photographers, as it seems like everyone is dabbling in photography these days. Your firm represents Phoebe Smith who operates a single-member LLC, Phoebe’s Photography, LLC, here in Lynchburg, Virginia. Phoebe does mostly weddings and high school senior photos. She has, however, recently begun to travel the countryside taking nature shots, that is, pictures of the beautiful landmarks that the Virginia countryside has to offer. She has also traveled outside of Virginia, all in attempts to take better, more awe-inspiring photographs.

Phoebe has a website (www.phoebesphotographyllc.com) that displays some of her photographs to potential customers to see if they like her work. Each of the photographs have a standard watermark and note “Phoebe’s Photography, LLC” in the bottom right hand corner. Moreover, Phoebe has enabled controls on the website that are supposed to prevent copying-and-pasting of the images. There is also a disclaimer on the website that states website users are not allowed to copy the pictures, but Phoebe has never “registered” any of the photos or anything of that nature.

A few nights ago, Phoebe stumbled upon a website of a local contractor who was using her nature shots of the Lynchburg area on his website. The contractor is Ken Doe, a local general contractor/handyman, who operates Ken’s Contracting, LLC.

Phoebe and her LLC have engaged your law firm to get Ken to take down her pictures. After some initial research, you find out that Ken’s Contracting, LLC, has a mailing address of 101 Main Street, Lynchburg, Virginia, 24502. The client interview also revealed that all of the copyright ownership is vested in Phoebe’s LLC, not Phoebe personally. The mailing address for your law firm is 123 Bedford Ave., Lynchburg, VA, 24502. The law firm name that you work at is Jackson & Lee, PLLC.

Based on this information, and using the legal resources available to you through the Liberty University Library, conduct research regarding (i) the law surrounding the intellectual property issues here and (ii) the form and substance of a cease and desist letter. Your textbook has an example of a cease and desist letter at Exhibit 6-4. Then, prepare a cease and desist letter instructing Ken to remove the images or face a civil suit.


[1] All these names, addresses, and facts are purely fictional. Any resemblance to real persons, living or dead, is purely coincidental.

 

UNFORMATTED ATTACHMENT PREVIEW

PLST 420 CEASE AND DESIST LETTER ASSIGNMENT INSTRUCTIONS1 Instructions: You will write a cease and desist letter relating to a copyright infringement issue. The letter will be formatted as if it were to be submitted to an attorney for review. The assignment will be based on a hypothetical fact situation that an intellectual property paralegal would be likely to encounter. Hypothetical Situation: You are a paralegal at a Lynchburg law firm that regularly handles intellectual property matters. In fact, a sizeable portion of the firm’s new clients are photographers, as it seems like everyone is dabbling in photography these days. Your firm represents Phoebe Smith who operates a singlemember LLC, Phoebe’s Photography, LLC, here in Lynchburg, Virginia. Phoebe does mostly weddings and high school senior photos. She has, however, recently begun to travel the countryside taking nature shots, that is, pictures of the beautiful landmarks that the Virginia countryside has to offer. She has also traveled outside of Virginia, all in attempts to take better, more awe-inspiring photographs. Phoebe has a website (www.phoebesphotographyllc.com) that displays some of her photographs to potential customers to see if they like her work. Each of the photographs have a standard watermark and note “Phoebe’s Photography, LLC” in the bottom right hand corner. Moreover, Phoebe has enabled controls on the website that are supposed to prevent copying-and-pasting of the images. There is also a disclaimer on the website that states website users are not allowed to copy the pictures, but Phoebe has never “registered” any of the photos or anything of that nature. A few nights ago, Phoebe stumbled upon a website of a local contractor who was using her nature shots of the Lynchburg area on his website. The contractor is Ken Doe, a local general contractor/handyman, who operates Ken’s Contracting, LLC. Phoebe and her LLC have engaged your law firm to get Ken to take down her pictures. After some initial research, you find out that Ken’s Contracting, LLC, has a mailing address of 101 Main Street, Lynchburg, Virginia, 24502. The client interview also revealed that all of the copyright ownership is vested in Phoebe’s LLC, not Phoebe personally. The mailing address for your law firm is 123 Bedford Ave., Lynchburg, VA, 24502. The law firm name that you work at is Jackson & Lee, PLLC. Based on this information, and using the legal resources available to you through the Liberty University Library, conduct research regarding (i) the law surrounding the intellectual property issues here and (ii) the form and substance of a cease and desist letter. Your textbook has an example of a cease and desist letter at Exhibit 6-4. Then, prepare a cease and desist letter instructing Ken to remove the images or face a civil suit. Submit the assignment by 11:59 p.m. (ET) on Monday of Module/Week 5. All these names, addresses, and facts are purely fictional. Any resemblance to real persons, living or dead, is purely coincidental. 1 PLST 420 CEASE AND DESIST LETTER RUBRIC Criteria Content (70%) Fact Recitation Legal Summary Action Items & Demand Advanced 90-100% 9 to 10 points Not present Does not adequately develop factual background required Not present 1 to 7 points 0 points Summarizes relevant law and applies the facts to that law; no material matters missing Some legal analysis but parts missing or extraneous information/argument present Does not adequately convey necessary legal argument or summary Not present 1 to 10.25 points 0 points 13.5 to 15 points 9 to 10 points Overall appearance and style of the letter is proper and professional 10.5 to 13.25 points Does not provide all necessary action items required Proficient 70-89% 3.5 to 4.25 points A few grammar, spelling, or punctuation errors exist 7.25 to 8.75 points Letter has some format/ appearance errors Action items lacking or not specific enough Developing 1-69% 1 to 3.25 points Many grammar, spelling, or punctuation errors exist Total 0 points Decent fact recitation, but necessary facts missing, or extraneous facts included 7.25 to 8.75 points spelling, or punctuation errors exist Professor Comments: Developing 1-69% 1 to 7 points Recites relevant and material facts; does not include extraneous information 9 to 10 points Succinctly provides necessary action items and next steps for recipient Structure Advanced (30%) 90-100% Grammar & 4.5 to 5 points Spelling Minimal or no grammar, Format, Style, & Bluebook Levels of Achievement Proficient 70-89% 7.25 to 8.75 points Not present Not present Total 0 points 1 to 7 points Errors are great in number and are distracting to the essay. 0 points Many formatting/ appearance errors present Letter appears unprofessional Total: /50 PLST 420 CEASE AND DESIST LETTER ASSIGNMENT INSTRUCTIONS1 Instructions: You will write a cease and desist letter relating to a copyright infringement issue. The letter will be formatted as if it were to be submitted to an attorney for review. The assignment will be based on a hypothetical fact situation that an intellectual property paralegal would be likely to encounter. Hypothetical Situation: You are a paralegal at a Lynchburg law firm that regularly handles intellectual property matters. In fact, a sizeable portion of the firm’s new clients are photographers, as it seems like everyone is dabbling in photography these days. Your firm represents Phoebe Smith who operates a singlemember LLC, Phoebe’s Photography, LLC, here in Lynchburg, Virginia. Phoebe does mostly weddings and high school senior photos. She has, however, recently begun to travel the countryside taking nature shots, that is, pictures of the beautiful landmarks that the Virginia countryside has to offer. She has also traveled outside of Virginia, all in attempts to take better, more awe-inspiring photographs. Phoebe has a website (www.phoebesphotographyllc.com) that displays some of her photographs to potential customers to see if they like her work. Each of the photographs have a standard watermark and note “Phoebe’s Photography, LLC” in the bottom right hand corner. Moreover, Phoebe has enabled controls on the website that are supposed to prevent copying-and-pasting of the images. There is also a disclaimer on the website that states website users are not allowed to copy the pictures, but Phoebe has never “registered” any of the photos or anything of that nature. A few nights ago, Phoebe stumbled upon a website of a local contractor who was using her nature shots of the Lynchburg area on his website. The contractor is Ken Doe, a local general contractor/handyman, who operates Ken’s Contracting, LLC. Phoebe and her LLC have engaged your law firm to get Ken to take down her pictures. After some initial research, you find out that Ken’s Contracting, LLC, has a mailing address of 101 Main Street, Lynchburg, Virginia, 24502. The client interview also revealed that all of the copyright ownership is vested in Phoebe’s LLC, not Phoebe personally. The mailing address for your law firm is 123 Bedford Ave., Lynchburg, VA, 24502. The law firm name that you work at is Jackson & Lee, PLLC. Based on this information, and using the legal resources available to you through the Liberty University Library, conduct research regarding (i) the law surrounding the intellectual property issues here and (ii) the form and substance of a cease and desist letter. Your textbook has an example of a cease and desist letter at Exhibit 6-4. Then, prepare a cease and desist letter instructing Ken to remove the images or face a civil suit. All these names, addresses, and facts are purely fictional. Any resemblance to real persons, living or dead, is purely coincidental. 1 PLST 420 Submit the assignment by 11:59 p.m. (ET) on Monday of Module/Week 5. …
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