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Franklin T-Shirts Inc.","","Connecticut Bar Examination Performance Test 1 (July 27, 2021) centers on Winston v. Franklin T-Shirts Inc., a copyright infringement dispute involving a photograph taken during the “Franklin Fun Fair.” The record establishes Winston’s ownership, registration, and prior licensing, and that Franklin T-Shirts reproduced the photograph on a T-shirt with the stamped phrase “Arrested & Convicted.” The memorandum must analyze a likely fair-use claim under 17 U.S.C. § 107 by applying each statutory factor, discussing parties’ likely arguments, and concluding on the overall fair-use question.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/connecticut-bar-examination-27-july-2021-performance-test-1-winston-v-franklin-t-shirts-inc/320472/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/connecticut-bar-examination-27-july-2021-performance-test-1-winston-v-franklin-t-shirts-inc/320472.png","ImageObject",300,407,{"name":92,"@type":93},"Dipper","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-28","2026-09-21",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",11,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What fair-use issue does the performance test ask the examinee to analyze?","Question",{"text":113,"@type":114},"The examinee is asked to analyze whether the defendant’s reproduction of Winston’s photograph on a T-shirt qualifies as fair use under 17 U.S.C. § 107.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"What does the parties’ agreement on infringement say in the record?",{"text":118,"@type":114},"The parties agree that if the court does not find fair use, the defendant infringed the plaintiff’s copyright.",{"name":120,"@type":111,"acceptedAnswer":121},"What are the four factors under 17 U.S.C. § 107 that must be applied?",{"text":122,"@type":114},"The memorandum must apply and discuss each of the four statutory fair-use factors, and then state conclusions for each factor and for the overall fair-use claim.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},320472,1790555159,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":140,"language":141,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":67,"update_tm":145,"read_time":146,"preview_page_count":4},1374404997633,"https://ap-avatar.wpscdn.com/davatar_a8503ba1806abce46bf441b54a3ca4cd","CONNECTICUT BAR EXAMINATION  \n27 July 2021  \nPERFORMANCE TEST \\#1 From the Multistate Performance Test  \nWinston v. Franklin T-Shirts Inc.  \nFILE  \nMemorandum to Examinee .............................................................................................................. 1  \nWinston v. Franklin T-Shirts Inc., Agreed Statement of Facts ........................................................2  \nLIBRARY  \nUnited States Copyright Act – 17 U.S.C. § 101 et seq....................................................................5  \nBrant v. Holt, U.S. District Court for the District of Franklin (1998) ............................................6  \nAllen v. Rossi, U.S. District Court for the District of Franklin (2015) ...........................................9  \nKlavan v. Finch Broadcasting Co., U.S. District Court for the District of Franklin (2017) ......12  \nChambers ofthe Hon. Joann Gordon  \nUnited States District Court for the District of Franklin  \n120 N. Henry Street  \nCentralia, Franklin 33705  \nMEMORANDUM  \nTO: Examinee  \nFROM: Hon. Joann Gordon  \nDATE: July 27, 2021  \nRE: Winston v. Franklin T-Shirts Inc., Case No. 21-CV-0530  \nAs you know from the conference in my chambers that you attended as my law clerk, the defendant in this copyright infringement case will make a motion for summary judgment, arguing that its use of the plaintiff’s photograph was fair use under the federal copyright statute, 17 U.S.C. § 107. The parties agree that, in the absence of a finding of fair use, the defendant infringed the plaintiff’s copyright. While I must await and consider the arguments of the litigants before I rule, I would like your preliminary analysis of the issue.  \nI am attaching relevant materials. The statute includes illustrative introductory language and calls for the application of four factors in determining whether a particular use qualifies as fair use.  \nPlease prepare a memorandum to me analyzing the possible fair use claim. Do so by applying the statute, including an analysis of each of the statute’s four factors. Note that the factors are not applied mechanically; the court has considerable discretion to consider the weight to give each factor in reaching its conclusion. Although you do not yet have the benefit of reviewing the litigants’ arguments, be sure to discuss the arguments that the plaintiff and the defendant will likely make for each factor. After that analysis, state your conclusions for each of the four factors and for the overall claim of fair use.  \nDo not include a separate statement of facts, but be sure to refer to the relevant facts in the record in analyzing the fair use claim.  \nWinston v. Franklin T-Shirts Inc.  \nAGREED STATEMENT OF FACTS (record citations omitted)  \n1. Since 1979, the “Franklin Fun Fair” has been an annual “street fair” type of event in Riverside, Franklin. Riverside is a small town with a population of 15,000 .  \n2. The fair’s organizers state that the fair is intended to “poke fun at the powers that be and let everybody have a good time.”  \n3. On occasion, various individuals and groups have used the event to make political statements.  \n4. In 1985, Jim Barrows, a student at Franklin State University, joined in a political demonstration at the event and was arrested for and convicted of disorderly conduct.  \n5. Plaintiff Naomi Winston is a professional photographer and was the only professional photographer on the scene that day.  \n6. Winston took a picture of the police leading a sneering Barrows away from the demonstration in handcuffs (the “Photograph”) .  \n7. Winston’s Photograph of Barrows was the only pictorial record of the arrest.  \n8. The photographer, Winston, registered the copyright in the Photograph with the United States Copyright Office and is the owner of the copyright in the Photograph. (Barrows has no copyright interest in the Photograph whatsoever, as he is not the “author” of the Photograph.)  \n9. As copyright owner of the Photograph, Winston gran","cbCailA1nkKUq42b","https://ap.wps.com/l/cbCailA1nkKUq42b","pdf",665122,41,"English","# Memorandum\n## To: Examinee\n## From: Hon. Joann Gordon\n## RE: Winston v. Franklin T-Shirts Inc.\n# Agreed Statement of Facts\n## Ownership, licensing, and prior uses\n## The T-shirt reproduction and context","[{\"question\":\"What fair-use issue does the performance test ask the examinee to analyze?\",\"answer\":\"The examinee is asked to analyze whether the defendant’s reproduction of Winston’s photograph on a T-shirt qualifies as fair use under 17 U.S.C. § 107.\"},{\"question\":\"What does the parties’ agreement on infringement say in the record?\",\"answer\":\"The parties agree that if the court does not find fair use, the defendant infringed the plaintiff’s copyright.\"},{\"question\":\"What are the four factors under 17 U.S.C. § 107 that must be applied?\",\"answer\":\"The memorandum must apply and discuss each of the four statutory fair-use factors, and then state conclusions for each factor and for the overall fair-use claim.\"}]","CONNECTICUT BAR EXAMINATION - 27 July 2021 - PERFORMANCE TEST 1 - Winston v. Franklin T-Shirts Inc. | PDF",1789949994,103]