WIPO DL-401 Managing Intellectual Property in the Book Publishing Industry

FINAL EXAM

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Below the points and an approximate word limit corresponding to each question is indicated.
 FINAL EXAM
DL401E 2011

Question 1 (20 points, maximum 400 words)

Blackbird Publishing, Ghana, is a publisher of schoolbooks for the primary school level
(ages 5-10). Several of its titles are core course-books used in the government schools. It
is approached by a large international development agency with a proposal to publish two
learn-to-read books aimed at children aged between 5-7. The development agency owns
all the rights to these books and is looking for a partner to produce and distribute them in
West Africa. It is insistent that they are freely distributed. What considerations should
Blackbird Publishing take into account in their negotiations with the international
development agency? What financial agreement would be most appropriate for the
partnership?

Question 2 (15 points, maximum 300 words)

Digital rights management has been criticised as being too restrictive for readers of
electronic publications. What are the benefits and disadvantages of DRM to (1) the
author, (2) the publisher and (3) the reader?

Question 3 (20 points, maximum 400 words)

Sarah Ding is an author/illustrator/photographer who has created a series of three

illustrated guidebooks to Thailand. She is in negotiation with Blackbird Publishers,
Australia, about publishing them. Blackbird Publishers are keen to obtain all rights in the
three books. What rights should Sarah consider in her negotiations with Blackbird, and
what should she take into consideration in deciding whether to transfer these to Blackbird
or to retain them.

Question 4 (20 points, maximum 400 words)

An unknown but promising author has visited Blue Horse Publishers to offer them to
publish her first novel. The novel is really interesting and they believe that a paperback
editionin English may be making good sales figures in the United Kingdom. It is the first
part of a trilogy. If the novel sells well, they would like to have the rights necessary to be
the publishers of the author’s second and third works in English in the UK and in the US.
If things go really well, it may be easily adapted in a motion picture. Blue Horse
Publishers want nevertheless not to be obliged to carry out the publication if the first

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 FINAL EXAM
DL401E 2011

novel sales are not as good as expected or if the subsequent works have not the same
level of the first one. You are asked to develop the content of the contract between the
author and Blue Horse Publishers. Can you list the sections of the contract and briefly
describe what they should contain?

Question 5 (15 points, maximum 300 words)

Brendan Sun’s novel The rise and fall of Millinale House was published in the UK by Blue
Horse Publishers who had acquired film rights on a worldwide basis. Brendan Sun
published his work using a pseudonym since he considered that novel a minor work and
did not want the public to know that he was the author. Nevertheless, some years after
the book was released Brendan confessed during an interview that he was indeed the
author. The interview was published in a specialised publishers’ magazine. After all this,
Blue Horse Publishers licensed the film rights to a New Zealand film production company
who coproduced a film with a Swedish producer. The license agreement contained a
provision whereby Brendan Sun should not be mentioned as the author of the novel. The
film was shot in New Zealand and released there and in Sweden. The credit titles of the
film contained the following mention: Based on Brendan Sun’s novel “The rise and fall of
Millinale House”. Have Brendan Sun’s moral rights been infringed?

Question 6 (10 points, maximum 300 words)

Blue Horse Publishers have published a large number of books on UK law in English.
These books are being used now by Spanish students who cannot afford to buy them
because of their price and because they only need to learn some parts of the same. What
can do Blue Horse Publishers to obtain incomes out of this?