Howard University School of Law
Copyrights
Professor Steven D. Jamar
Spring 2004 Exam Fact Pattern
202-806-8017
sjamar@law.howard.edu
fax:  202-806-8428

April 5, 2004 
Instructions
The following fact pattern will form the basis for much of the April 19, 2004, examination in Copyrights.  However, I may make changes to the facts in the course of asking questions on the exam proper.  For example, dates may be changed in the questions (e.g., “Assume the events in paragraph 67 happened in 1920 instead of 1926.”); or other information may be changed or added to make the question more clear or pointed or precise.  For example, information about specific claims or defenses raised may be provided.  
Despite the likelihood of additional facts being provided which may require you to consider issues from a different angle than that intimated by the basic fact pattern, you should be fully familiar with this fact pattern by the time of the examination because most of the exam points will be based on questions derived directly from it.  Thorough knowledge of it and of the issues reasonably raised by it should help you do well on the exam.
The exam will be open book.  You should bring with you to the exam the copyright textbook and supplement.  You will need the statutes not only because this is mostly a statutory course, but also because there will be at least one question requiring close examination and explanation and application of statutory provisions.  There will be time pressure on the exam so you should not plan on being able to look things up (other than express statutory language) during the exam.
In preparing for the examination, I recommend that you work in groups.  Try to spot issues in the fact pattern and make sure you know the law in that area and can explain your reasoning fully.  
My office hours for the reading and exam period will be posted on my website and outside my office.  I may be available by email for questions on Saturday before the exam as well, but I do not take questions the day before the exam is given.
I have reproduced a sample cover page for the exam proper on the next page.

Howard University School of law
Copyrights
Prof. Steven D. Jamar
Spring 2004 Final Exam (Sample Instruction Page)
202-806-8017
sjamar@law.howard.edu
fax:  202-806-8428
April 19, 2004
General Instructions
1.	You have three (3) hours for the exam.
2.	Times noted for the questions reflect the amount of time I estimate it would take to answer each question.  They do not add up to 3 hours, but you have 3 hours for the exam.  Please note that although the time noted for each question does relate somewhat to the points for that question, it does not do so in a strict one-to-one fashion.
3. 	There are three (3) questions each worth 220, 80, and 100 points for a total of 400 possible points.  
4.	Write only on one side of each page in the bluebook. 
5.	Write legibly and clearly in blue or black ink.
6.	Use headings as appropriate.
7.	Respond to the question asked, not to questions that might have been asked.  Even within your responses, do not spend time on matters that are not issues just to show me how much you know.  This exam tests professional judgment as well as knowledge of copyright law.
Permissible exam materials
1.	This exam is completely open book.  You may use any materials you bring with you to assist you during the course of the exam including but not limited to the text, handouts, commercial outlines, personal outlines, notes, hornbooks, pre-prepared answers, laptop computers, PDAs, online resources (excluding communications with other people), etc.  If the room has internet connections and you have the ability to do so, you may connect to the internet during the exam.  However, this is not advised.
2.	The exam consists of the exam fact pattern attached hereto (which is the version posted on the course website on April 5, 2004), this instruction page, and 3 questions on the 1 page following these instructions.

Howard University School of Law
Copyrights
Professor Steven D. Jamar
Spring 2004 Exam Fact Pattern
202-806-8017
sjamar@law.howard.edu

Insomnia
1.	Aleece hadn’t slept well for a couple of days.  She didn’t know why.  Since it was Friday and she didn’t need to go to work the next day, she decided to just make a night of it.  So she started the evening with a road trip out of the city.
2.	Aleece had been driving west along the freeway in her yellow Porsche Boxter convertible when she decided to put the car through its paces on the winding back roads for awhile.  So she turned onto a wooded lane and sped along.  After a few miles she came upon a series of cornfields – since it was June, the corn was just coming up in identifiable shape.
3.	Some distance ahead of her she noticed that there seemed to be two tent cities, one on either side of the road.  This piqued her curiosity and she sped on to get a closer look.
4.	As she neared the structures, the sun was setting behind them, but it was still light enough to make out that the one on the right of the road was an evangelical Christian revival meeting and on the left side was a traveling carnival.  She knew there must be a town nearby, and as she came to the entrances to the two events, she saw a sign, just past the two occupied grounds, welcoming travelers to the town Mishawabe.  As is fairly common, the carnival and the revival show were not able to get permits from the town, but were able to get them from Misha county, and hence they set up just outside of town limits.
5.	Aleece had to decide which to go to first – the good (the revival, to her thinking, though she did have a passing thought that maybe she had them reversed) or the bad (the carnival).  She didn’t really think of it as bad in a serious way, but the contrast of the juxtaposed events amused her.
6.	She turned left, to the carnival, thinking sardonically that she could go to be saved at the revival later.
7.	After she carefully parked her Porsche, noting how odd it looked among the pickup trucks and SUVs which dominated the parking area, she started to wander the grounds.  The carnival had the usual assortment of things going on including various rides, games, and performances of one type and another.  A bit to one side was a tent in which artists could display their wares for sale.  There were paintings, pottery, sculptures, and various forms of graphic works.  It was all decidedly low-tech and traditional stuff.
8.	She came to a booth with numerous metal sculptures, each about 10 inches tall.  They looked similar to the Picasso Chicago sculpture pictured front-on below.  But there were differences.  Whereas from various angles the Chicago Picasso resembles a sitting dog or a horse’s head or a woman’s face or a slender woman’s profile; the ones in the booth resemble a hippopotamus or a very heavy, androgynous person.  Despite the differences, the similarities are obvious.  When Aleece questioned the artist, who was staffing the booth at the time, she said that the Chicago Picasso was indeed her inspiration for the sculptures.  She was non-committal about her intention in making the sculptures, wanting the sculptures “speak for themselves.”
9.	
10.	Aleece chose not to buy one.
11.	As she continued to wander around the Art Mart, for so the tent was called, she saw a variety of typical fair fare including paintings of Elvis on velvet cloth, quickly-painted landscapes, some wood carvings of very uneven quality, and a lot of pottery.  The next thing to really catch her eye, though, was a glassware booth.  
12.	In addition to the usual vases and pitchers and bowls, some of the glassware here had been shaped into recognizable figures.  Prominent among them were caricatures of Condoleezza Rice, John Kerry, Denzel Washington, and Julia Roberts.  
13.	But what stood out most were the glasswork settings of groups of figures including:  Harry Potter and his two best friends at Hogwarts School for Magic; Bugs Bunny, Daffy Duck, and Sylvester; and Mickey Mouse, Minnie Mouse, and Pluto.  While they were all clearly recognizable, they, like the glass sculptures of the faces of the real people, were done in an exaggerated caricature style which rendered them in some sense grotesque.  And yet they were fascinating because of the skill that went into making them, because of the beauty of the colors of glass used, and even because of the very distortions that attracted and repelled at one and the same time.  Aleece made a mental note to come back and look at them again before she left because she might buy one.
14.	Upon exiting the Art Mart, Aleece heard sounds of acoustic guitar and harmonicas drifting from a bit outside the grounds proper.  Following the sound, she came upon a bonfire with a number of benches set around it in three concentric rows.  Aleece thought the space would seat about 30 people – more if standing.  There she found six people dressed somewhat roughly, like they had been working fields rather than in an office that day, and three musicians– a guitarist, a banjo picker, and one playing the harmonica.  She recognized the song from having heard it on Norah Jones’ album; it was “Cold, Cold Heart.”  This was an old-style country classic from the Hank Williams era and it was being performed with a poignancy and simplicity and directness that even Jones could not capture.
15.	In a short break between songs, Aleece asked the musicians who they were and why the were so far from the main carnival area.  She was told that they were “carnies,” the people who traveled with and set up and took down and worked the tents and booths.  They told Aleece  that she had just stumbled onto their private gathering area for breaks and such.  She was welcome to stay if she wanted, but mostly it was just the carnies who hung out there and talked or ate or performed for each other.
16.	After staying for a couple more songs, Aleece made her way back to the bright lights of the carnival area proper.  It was quite dark now, and but for the glow from the fire behind and the carnie lights in front she would have had trouble crossing the uneven ground.
17.	After finding her way back to the main path (one really couldn’t call it a street), called the “broadway,” Aleece wandered some more among the booths, ate a chili dog, and eventually came to something called the “TekTent.”  Emanating from it were all sorts of whirs, and squeaks, and blips, and other strange noises.  
18.	The TekTent itself was something special – through ingenious use of cables and poles, it managed to recall to mind the Sydney Opera House.  Indeed, it looked like a vastly shrunken version of one-half (the leftmost three scallops in the picture below) of the Sydney Opera House.
19.	
20.	The reason for the strange noises became clear upon stepping into the tent – it was a video game arcade.  But it had a bit of a difference.  It had games ranging in time from the granddaddy of them all, Pong, to much more recent console games, though the most recent was about four years old.  “Typical,” Aleece thought somewhat scornfully, yet tinged with some nostalgic affection, “that a traveling carnival would be four years out of date.”  Each game could be played for a token or two or three.  But what caught her eye was that for each block of games (arranged by years), one could buy a CD for $30.00 from which one could play that set of games on either a Macintosh or Wintel computer.
21.	The CD had both the necessary emulation software for the game and the game programs themselves.  The emulation software was software that ran on either the Windows platform or the Macintosh platform (and for some later games, the Linux platform) and which allowed the user to play the particular game.  The game software expects to “see” certain things when it gets input and when it outputs signals.  The emulator captures the output signals and translates them to the particular operating system (Windows or Mac) in a way that results in proper output to the screen, and input from the keyboard or control pad.
22.	Some of the games, especially later games, have security code handshakes built into them.  The emulators provide the necessary handshake as well.  These security codes and handshake systems do not have any function in playing the games proper; they are just intended to keep people from making and distributing pirated copies.
23.	The emulators do not say that they are licensed by Microsoft (Windows), Apple (Macintosh), Sega, Nintendo, Sony, Midway, or any of the other game developers and manufacturers whose games are being played on the original machines in the arcade.
24.	Aleece noticed that someone was going from group to group of games and buying one of each CD for the pertinent set of games.  This she thought curious, so she went up to him and asked why.  He responded, “I teach a course entitled ‘Technology and the Law’ and I find using video games to be a good way to illustrate some of the principles, especially for the copyright aspects.  And so I’m taking advantage of getting them all this way, with working emulators, instead of having to either find them on the internet or getting them through other sources.”
25.	After pausing to play a couple of her favorite games, the classic Ms. Pac Man and one or two from the mid-90s, Aleece left the TekTent and wandered down to the rides area.  Of course, as expected, the rides were all of the portable sort – not the kind of things one finds at fixed-structure theme parks.  
26.	Despite their general predictability, she was very surprised at one of the rides, a fairly classically designed Merry-Go-Round.  The surprising feature was that each of the chairs or cubicles or vehicles of animals in which or on which one road was decorated with paintings from popular kids TV shows such as Teletubbies, Barney (the purple dinosaur), Big Bird, Big Red Dog, Pokemon, SpongeBob SquarePants, and more.  In addition, the music being played was a medley of theme songs from the various shows.  To top things off, the people operating it, selling tickets, taking tickets, and shilling for it were all dressed in costumes from the respective TV shows.
27.	When Aleece got even closer, she was even more amazed to find that the ride was being operated by a local not-for-profit public TV station as a fund-raiser.  Of the characters on the ride, only shows from which Big Bird, the Big Red Dog, and Barney came were licensed to public TV stations for broadcast.  All of the others were from commercial TV.
28.	Shuddering as from a sudden chill wind at what she had just witnessed, Aleece quickly left the rides area.
29.	On her way back down the broadway toward the main road, Aleece saw a number of street performers, including a magician, jugglers, and soap-box speakers.  One speaker in particular intrigued her.  He was dressed as President Abraham Lincoln, was standing on a low platform designed to recall the idea of a political debate or stump speech from a bygone era, and was speaking in a sonorous baritone voice.  But what he said was what really caught her attention.  He started out reading from Lincoln’s Gettysburg Address, but that transmuted into his Second Inaugural Address and from there it moved into some familiar phrases from Martin Luther King, Jr.’s “I Have a Dream” speech, particularly the “I have a dream” paragraphs and the “Let freedom ring” paragraphs.
30.	But then something strange happened.  After a couple of the familiar quotes beginning with the refrain “I have a dream today . . .,” the performer started to go into quite different territory.  Aleece could not recall it all, but she recalls this much – or rather, this is pretty close to part of what the performer said:
31.	I have a dream that one day all black men and women will receive their 40 acres and a mule.
32.	I have a dream that one day no child will be left behind, black or white or any other color or background;
33.	I have a dream today that one day for all peoples the four freedoms will become real:
34.	Freedom of speech and expression; 
35.	Freedom of every person to worship God in his own way; 
36.	Freedom from want, and 
37.	Freedom from fear.
38.	I have a dream today that imaginings become real:
39.	No possessions
40.	No hell below us – above us only sky
41.	No religion, too
42.	All the people, living life in peace.
43.	You may say I’m a dreamer, but I’m not the only one.  I hope one day you’ll join me and all the world will live as one.
44.	Aleece was quite surprised that at no time did the stump speaker shift to humorous lines.  She, of course recognized the four freedoms as coming from Franklin Deleano Roosevelt’s 1941 inaugural address and the “imaginings” as lyrics from John Lennon’s song “Imagine.”  The total montage of a speech lasted about 8-10 minutes consisting of almost all quoted material from Lincoln, King, the four freedoms, and Lennon’s “Imagine.”
45.	Aleece noticed it was getting late and since she wanted to be able to experience some of the revival meeting she had to get going.  She did not consider herself very religious, but was always willing to explore different sorts of religious experiences.  And so she made her way down the broadway to the highway and started across.
46.	The revival meeting was conducted by a not-for-profit group called “Evangelical Jesus Saves” (EJS).  The EJS revival meeting site had three tents set up and a number of mobile homes and trailers parked around the area.  As at the carnival, there were loud generators running to create the electricity needed for the many bright lights and the sound systems at work.
47.	In the first tent was a karaoke setup with all gospel and Christian pop selections.  Although singing along with the music was in fact free, for $10.00 the singers could have a DVD music video made of their performances.  The DJ would add in effects as one sang and all of it would get recorded onto the DVD.  In truth, the DJ was quite remarkably talented at doing such music video creation on the fly using stock video pieces such as dancing and close-ups on guitar riffs and so on.  The area was open to the public – anyone could enter and listen or participate.
48.	When things were slow and not many people would stand up and sing, the DJs would play music videos recorded from prior participants.  Some of the singers were excellent, but some were atrocious, like many of the early round contestants of “American Idol.” 
49.	In the second tent were a number of kiosks all of which had a title like “Why Jesus Trumps _____ ,” where the blank was filled in with another religion like Judaism, Islam, Zoroastrianism, Scientology, Buddhism, Hinduism, etc.  At each kiosk were quotes from Jesus and contrasting quotes from the target religion.  In addition there was a computer and computer screen at which one could query a particular religion’s texts on a particular point of religious doctrine such as the existence of or nature of a soul, the afterlife, ethics, and so on.  
50.	Two of the more interesting kiosks to Aleece (because of her unfamiliarity with them–she liked new experiences) were the ones on Scientology and another on the Reformed Druids.  The one on Scientology had only one text, L. Ron Hubbard’s “Dianetics” (revised 1995 edition), which is freely available for purchase, unlike many other of the Scientology arcana.
51.	The Reformed Druid kiosk included a series of quotes from ancient druidic inscriptions from the Celts in what is now the United Kingdom; some passages from the book “A Brief History of the Druids” (2002); and the entire official religious text of the Reformed Druids, “Druidic Rites for Right”(1968).  It also had the full text of a book published in the United Kingdom in 1925, entitled “Druids for Modern Times.”
52.	But one other kiosk captured her interest more than the others though.  I was the “PS – I Love You” kiosk.  “PS” stood for “Personal Salvation.”  The religious texts seemed to ramble and seemed mostly to be a set of incoherent teachings more like those of a slightly confused grandparent giving advice to a child coming of age than those of a religious leader.  
53.	There were very few comments on his text, except those of the EJS, which essentially pointed out how the PS-ILO (“sy-lo”) religion was not so much wrong in what it said as incomplete, and which invited PS-ILO adherents to complete themselves by joining EJS.  Where the PS-ILO advice was the same as EJS’ advice, this was pointed out and where scripture supported the advice, reference to it was made.  For example, one of the PS-ILO foundational quotes was simply “love one another.”  Another was “Show mercy and charity to those less fortunate than you.”  Indeed, most were of this ilk.  But some were more pointed and criticized all organized religion as false.  A few seemed to be in the vein of the Book of Revelations with apocalyptic visions and warnings, though not premised on a similar understanding of the nature of God and religion.
54.	All of the texts at the kiosks could be read and could be searched using the Google search engine at the kiosk.  Up to 10 pages could be printed out for free per customer.  Each page had both the original work as written and the EJS critique of it showing why it was in error where it contradicted the EJS teachings or where it was consistent when it did not.  The EJS commentaries all had a copyright notice:  © Evangelical Jesus Saves, Inc., 1994.
55.	In addition to being able to obtain a print version, the customer could obtain a CD with the particular religious texts and commentary for a fee.  Aleece bought a PS-ILO kiosk CD.
56.	There was also the option for the customer to enter his or her own response/critique to the text and commentary.  Indeed, one could print out other commentaries by the other customers if one so chose.  But, Aleece noticed that all of the commentaries that were available invariably supported the position of EJS.  So she typed in an unfavorable one to see what would happen.  When she tried to review her own commentary a notice came up that said:
57.	All commentaries are screened for appropriateness of inclusion in the information accessible at this kiosk.  Commentaries are screened once per day so there is usually a 24-48 hour delay in including an appropriate commentary in the accessible database.
58.	About this time Aleece was told that the tent was closing so that everyone could attend the main EJS event in the main tent.
59.	The revival meeting set-up looked like something straight out of the Steve Martin movie, “Leap of Faith” (1992).  Indeed, it looked as if someone had seen the movie and copied the set down to the last detail, including the Jesus on the cross, the lighting, the stage, the location of lecterns, the choir, etc.  Even the choir robes were identical to the ones in the movie.  Though the look of the set was the same, the content of the show was not.  The similarities that existed were simply those which are typical of such showy revival efforts.
60.	The revival meeting started with some “warm-up acts” including some songs sung by the gospel choir including standards like “Amazing Grace” and “Precious Lord, Take My Hand” (Words and Music by Thomas A. Dorsey © 1938 (Renewed 1965)).
61.	There followed some preliminary preaching and witnessing before the marquee preacher, known simply as “Brother Love,” spoke.  The music played before his Los Vegas-style, over-the-top appearance on the stage was a recording of Neil Diamond singing “Brother Love’s Traveling Salvation Show,” the theme song adopted by Brother Love himself.
62.	Despite the glitz and razzmatazz, Aleece found that Brother Love was not only charismatic, but seemed to effuse genuine compassion for his audience and for those in pain.  His message was simple and honest, even though his method of delivering that message was all flash and dash.  But all in all, it was too dogmatic and conservative for Aleece.
63.	So she left, deciding that particular brand of religion was not really for her, and made her way back across the street to her car.  A few of hours later, she returned home.  As she entered her apartment, she smiled, as she always did, at the poster of the Minneapple on her wall.  Though she was originally from New York, and was and is a big fan of the Big Apple and the New Yorker Magazine, this poster always served to remind her that the world was a lot bigger than just New York.
64.	
65.	Unfortunately, she was still not able to sleep, although it was about 2:00 am, so she put on her comfortable apartment clothes, logged onto her computer, and decided to check into the curious PS-ILO sect.  Here is what she found:
66.	The founder was Hal Sinclair.  Hal, it seemed, fought in WWI in the trenches in Europe.  There, in 1918, he had an epiphany upon recovering from a coma, a concussion, and shell shock.  Upon returning to New York in 1919, he a began a life of teaching on the streets of the city.  He would spout his beliefs and insights to whomever was passing by.  He developed quite a speech and quite collection of scraps of paper on which he wrote his beliefs.
67.	Nothing much came of all of this until around 1925 when a recently-rich man (from the stock-market boom of the Roaring 20s), in quite an inebriated state, happened to hear him and was, in his words, transformed.  This man, Gatsby Stonefell, set out to build something to spread the word.  He rented space for weekly meetings, arranged to have the writings gathered and published in book form, and arranged for some outreach, staff, and publicity.  The book, “Gift and Transformation,” was published in 1926 and did quite well–well enough to fund most of PS-ILO’s activities in the 20s.  Stonefell came up with the PS-ILO name as well.  The book was copyrighted in Sinclair’s name in 1926 and the copyright was renewed in 1954 by Sinclair.
68.	Stonefell also put together a second book from Sinclair’s teachings, called “PS-ILO Arcana.”  This book was printed and was distributed only to a narrow set of adherents with the express contractual understanding that they would never disclose or discuss its contents with another who was not also a member of the Inner Group.  
69.	Stonefell died in 1961.  Sinclair died in 1957.
70.	According to the online Religious Statistical Abstract, there are estimated to be fewer than 3000 adherents to PS-ILO worldwide, with most of them in the US.
71.	Aleece loaded up the CD from the revival from the evening before – it was now late at night – into the early hours of the next day.  She was somewhat surprised to find both the books, “Gift and Transformation” and “PS-ILO Arcana,” on the disk, as well as the ESJ commentary.  It turns out that all of the apocalyptic sort of quotes came from the “PS-ILO Arcana” book, the one that was not published and distributed to the public in general.
72.	She considered the whole PS-ILO sect to be so bizarre and the whole circumstance so curious that she decided to upload the whole disk to her website and post a note about it on her Blog.  And this she did.  And so early on the morning of June 12, 2004, the entire set of PS-ILO religious texts, together with the EJS commentaries, were put online for the world to see.
73.	Aleece’s internet service provider was CableCast, Inc.  CableCast, Inc., provides the following services to its customers:  email, webpage space (up to 200 megabytes), discussion/chat fora, and a variety of CableCast-generated content (not as much as AOL or Yahoo, but some of the same sorts of things).
74.	By now it was coming on toward morning and Aleece remembered she was meeting a friend for breakfast at the Midtowne Gallerie Café.
75.	The Midtowne Gallerie Café was next to the Midtowne Gallerie, an upscale art gallery catering to certain set of wealthy patrons.  But sometimes the gallery happened upon some excellent art.
76.	A few years back the owner of the Midtowne Gallerie decided to open the café when a space next to the gallery opened up for lease.  And so he did.  It serves breakfast, lunch, and early dinner and is open late for dessert and coffee for the after-theatre crowd.  It formerly did very, very well for breakfasts, serving croissants, donuts, muffins, waffles, and other high-carb foods.  But since the low-carb diets have become all the rage among his clientele, business has dropped off significantly.  Seems people just don’t want to go out in the morning for coffee (special blends, of course) and eggs, like they did for coffee and Danish.
77.	So the place was pretty empty when Aleece met her friend, Marsha, around 9:00 am.  It was a bit of a dreary day – seemed like it was going to rain any minute, but didn’t.
78.	Marsha is an artist specializing in audio-visual works of art.  She describes her work as using the video media as artists in former times used paint.  She tries to use the extra attributes of the audio-visual media to enhance the experience of two dimensional works through motion and sound.
79.	The advent of flat-screen TVs has caused a veritable explosion in demand for her work.  While previously she would do one-of-a-kind commissioned works, such as whole-wall displays, for various commercial customers, now there seemed to be an increasing demand for using the flat screen TVs as art display devices – when not used for home theatre.
80.	Most of the works for flat-screen TV art by others were simply of the computer screen-saver variety – especially displays of series of impressionist paintings from the 19th century.  But Marsha’s were different.  They were original works of her own and used sound, especially natural sounds or soothing tones, with them.  They also were works that transformed themselves on the screen – at first they seemed like ordinary paintings but there were subtle movements  and color changes over relatively long periods of time, on the order of minutes or even hours.
81.	But back to our story.  Marsha wanted Aleece’s advice about a deal – her latest commission.  Video Den is a high-end consumer electronics store.  It wanted to hire her to create a work that would be included in every flat-screen TV Video Den sold.  Video Den required that it retain ultimate control over the look of the product, but it wanted to give Marsha a relatively free hand in making it.  Video Den specified that the artwork had to come in various colors (to fit various color decorating schemes); that it had to be a sort of timeless work (to fit in with various decorating styles); that it be edgy enough to appeal to young customers looking for something new; and that it capture a sense of ethnic diversity.  And that it not be pornographic in any way.
82.	Marsha brought the contract and wanted Aleece to look it over. Aleece was a bit puzzled at this, since she (Aleece) was not an attorney.  But it had been a rather bizarre past 16 hours and so she did.
83.	The contract included the following language:
84.	This commissioned work is to be deemed a work-made-for-hire by Marsha Jones for Video Den.
85.	Marsha Jones agrees not to make any similar works or derivative works without the prior written consent of Video Den.
86.	Aleece advised Marsha to seek the advice of an attorney since she couldn’t make any sense of the contract.
One Year Later
87.	Aleece was at the party of a well-off friend, Rana Samila, and noticed an interesting work of art on the wall.  On closer examination she discovered it was her friend Marsha’s work.  She immediately called Marsha on her cell phone – and it turned out that Marsha was just across the crowded room and they just hadn’t yet seen each other.
88.	Marsha was furious.  Her work had been altered.  First, Video Den had sold not just the work and the box that holds the software that generates the images, but also a CD version on which was not only the software in object code, but also in source code.  This meant that end users could, if they knew enough about programming, alter the software and alter the work itself.  And that was what seemed to have happened here.  The Earthtones music (a group specializing in using natural sounds to make peaceful sound environments) had been replaced with Windham Hill music.  Now Marsha liked Windham Hill as well as the next new ager, but it wasn’t what she wanted.
89.	Aleece asked, somewhat indelicately perhaps, whether the work of art could have the image on, but sound off.  The answer was “yes.”
90.	Aleece then asked how many had been sold.  “Only 120 sets in the past year.  This is high-end stuff - $22,000 62 inch flat screen or larger TVs only.”
91.	Despite the alteration to the sound, Aleece told Marsha that she was genuinely impressed with the work, as indeed she in fact was.
92.	Rana then joined the two and asked, “How do you like my Art TV?”  She was unaware that Marsha was the author.
93.	Aleece said, “It’s wonderful!  Who’s the artist?” 
94.	Rana replied, “I assumed it was Video Den.  When they sold it they asked what color I wanted and what music to go with it.”
95.	Marsha jumped in at this point, “Oh!  You didn’t change the music?”
96.	“No,” said Rana with surprise in her voice.  “How would I do that?”
97.	Aleece then explained that Marsha was the artist and that Video Den had changed the sound without her permission.
98.	Rana immediately apologized and promised to get the original sound installed right away.
99.	As Rana was walking away, Aleece turned to Marsha and said, “I saw an article in the paper today about artist’s rights.  You know, the Woody Allen thing about not changing an artist’s vision.  Well, it seems that a couple of years ago our state passed the first protection for artists by a state.  Maybe you should see a lawyer about this.”
100.	Marsha said, with feeling, “I will!”
101.	The law passed in 1996 by the State of Westpenna (where all of the above activity took place) reads in pertinent as follows:
102.	Art Integrity Act
103.	An artist has, in a work of art created by the artist, and in any copies of the works of art, whensoever the work was created, the following rights:  the right of attribution; the right to prevent intentional distortion, mutilation, modification, or destruction of the work; and the right against any other derogatory action in relation to the work which would be prejudicial to the artist’s honor or reputation. 
104.	These rights cannot be waived or modified by contract or license except on an individual basis resulting from direct negotiations between the artist and the owner of the copy.
105.	These rights cannot be waived by anyone after the death of the artist.