Assignment and Instructions

 Your Trial Brief Assignment is based on the fictitious case of Wymann Pharmaceuticals, Inc. v. People for Alternative Medicines, Inc., filed in the United States District Court for the Eastern District of Michigan.  The case involves a claim that Defendant People for Alternative Medicines, Inc. infringed the copyright design of the Plaintiff’s Clarizac ads in the Defendant’s NatraTab ads.  The file for this assignment consists of:

• Complaint of Wymann Pharmaceuticals, Inc. (Wymann);
• Exhibits to Complaint (Ad Photos);
• Answer of People for Alternative Medicines, Inc. (P.A.M.);
• Deposition of Wymann CEO, Larry Finkelman;
• Deposition of P.A.M. CEO, Theresa Gaines; and
• Affidavit of Marketing Expert, Heinz Precht, PhD.

P.A.M. plans to file a Motion for Summary Judgment based solely on the affirmative defense of fair use. Each of you must prepare either a Memorandum in Support of or a Memorandum in Opposition to Defendant’s Motion for Summary Judgment based on the first fair use factor.

I will assign you a side to represent. Therefore, half of you will represent the plaintiff Wymann and half of you will represent the Defendant P.A.M.

Copyright and the defense of fair use are governed the Federal Copyright Act, 17 U.S.C. § 107 (2022).  We will review the statute in this week’s class.  The only question that will be argued in the motion is whether P.A.M.’s use of the Wymann ads was fair use under the copyright laws. You are being asked to consider the first factor, purpose and character of the use, in your Memorandum.  Other associates are being asked to address the other three factors.  Alternate defenses to the copyright infringement claim are not being raised in the motion.  Limit and focus your argument accordingly.

While this case will also be the topic for the Appellate Brief you will prepare later in the semester, for purposes of this Trial Brief Assignment, you are being asked to limit your analysis to the following three cases:

• Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994);
• Leibovitz v. Paramount Pictures Corp., 137 3d 109 (2d Cir.1998); and
• Seuss Enters. v. Penguin Books U.S.A., Inc., 109 F.3d 1394 (9^th Cir. 1997).

Before class on Friday, you should read the key Supreme Court case on this topic:  Campbell v. Acuff-Rose Music, Inc.  Use the guided reading questions posted on the Webcourse to prepare for the class discussion.

Memorandum:  Your Memorandum must include the following sections: Introduction, Statement of Facts, and Argument.  We will discuss in class how to draft and what to include in these sections. All facts stated in your Memorandum must be supported by reference to the complaint and other documents provided (deposition transcripts and exhibits, affidavit).  Each statement in the Statement of Facts must have a citation to the evidence filed with the court.  We will discuss the format for these citations in class.

The page limit for this assignment is 8 pages. Using the three cases given to you as authority, present your arguments as concisely as possible.

The Memorandum is due in the digital drop box by 9 a.m. on Monday, January 31.  There will be a penalty for late submissions.  

 Requirements for Trial Brief Assignment

1. Use the following case caption:

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

2. Format your Memorandum using standard 8-1/2 x 11 inch white paper.

3. Double space and leave a minimum of 1 inch margins on all sides.

4. Use Times New Roman or Cambria 12 point font.
5. Maximum Length: 8 pages. Number each page.
6. Cite using the Bluebook Uniform System of Citation. Follow Bluebook rules for all citations.  Do not include parallel citations in this Memorandum.
7. The Memorandum will only contain a Case Caption, Introduction, Statement of Facts, an Argument section for the first fair use factor, and a Closing with signature line for your name.
8. Your Memorandum is due on Monday, January 31, at 9:00 a.m. in the Blackboard Webcourse assignment box for this course.

9. Keep a backup copy for your files.