Perry is a playwright. He wrote and produced an off-Broadway play about the life of Colonel Sanders, "Just a Drop in the Bucket," that closed after the third performance. Later that same year, on vacation in Los Angeles, he went to see a new production
called "Fry It Anyway." Perry was appalled to discover that the play was substantially similar to his own. "Fry It Anyway" becomes a big hit. What protections are available for Perry? What defenses are available against any claims Perry might make? What additional protections would be available had Perry registered under the federal Copyright Act? Discuss fully.
Perry would sue for copyright infringement. A possible defense would be the fair use doctrine. For U.S. copyright owners, registration with the Copyright Office is a prerequisite to filing any infringement suit. Statutory damages and attorneys' fees are available only if either (1) the work was registered prior to the infringement at issue or (2) the owner registered the work within ninety days after first publication. Registration also creates a legal presumption of ownership and copyright validity.
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