**DISCLAIMER ALERT** Business law tutorial/assignments

1. 1
N. Syafiqah Husin
Question 1
Wilson is a members of XYZ Photographers who makes money by capturing wedding
moment of their clients. Once they capture the photos, they upload the photos to their
Facebook page. With that, they gained popularity and more and more profits earned. And
because of that also they have branched out to videography. Similarly they also upload the
videos using their YouTube page.
Wilson should concerned about the copyright of their photos. Since XYZ
photographers had produce an original expression of ideas and with copyright they can be
protected. Not only that when they were taking clients shoots, they are expressing the
moment using their skills. And therefore Copyright is automatic and they do not have to
register but it is advisable to do so.
Wilson should also concerned about trademark as they should create a watermark in
each and every pictures that they uploaded. Perhaps insert a logo and their work will be
protected under trademark so that when someone illegally copy or trying to reproduce it, the
trademark will be there. It indicates that work is Wilson’s work under the name of XYZ
Photography. With trademark it helps as XYZ Photography to market their services sincelogos
are easily recognize and therefore it will eventually help XYZ to boost their consumer base.
Hence more profit.
Another concerned that Wilson must be aware of is when they uploading their
creative work into their Facebook page and YouTube channel, they are using their customer
as their product. So before the customer actually use their services, Wilson must explained to
their customer that they are using their photos for commercial use. Upon agreement, XYZ will
be protected against legal issues as it states that the customer agrees to use whole or some
part of the video of them for commercial use. However in the case of other people who are
“not the main actor(s)” of the video do not have to sign an agreement with XYZ Photography
because in that video, they are not the main focus or the “main actor(s)”.
Some issues may arise with this job. People can actually copy XYZ work. They also can
screenshots and edit their creative work and make it as their own work. XYZ can be at loss
because technology nowadays are very advance. The solution will be making XYZ Facebook
page private and only the “Real people” will real intention will be accepted and invited to join
the group. Not only that they should disable downloads or copy in the setting. On the other
hand they also should not upload all of the shots they made and perhaps insert watermark so
that it will be hard for people to copy it.

2. 2
N. Syafiqah Husin
Question 2
Daniel and Azalea engaged and will be married around the corner. They hire XYZ
Photographers as their Videographers. Both of them requested a song by John Legend title all
by me as their background song for their video.
It is not permissible to use John Legend music because the music is protected by
copyright. When XYZ uses John Legend music as their background music without the John
Legend's permission, they are liable for damages. This is because they are committing
copyright infringement. John Legend Music record has the right to sue XYZ Photography on
the ground that XYZ is profiting using his music. Since XYZ Photographers gaintheir reputation
by providing good quality of photos and video, they are profiting from John Legend’s property,
so John Legend can account for profit that was earned by XYZ Photography.
On the other hand, if XYZ Photography use John Legend’s song as their background
music for their video and upload it in their YouTube page will be a major problem. Somebody
could rip off his audio from XYZ Photography video and thus they get it for free. It will remove
their need to buy john Legend music and this hinder John Legend ways to earn money. That
is one of many reason why it is not permissible to do so.
On contrary, it is permissible to use John legend music as long as XYZ photography
informed John Legend music records. They must also seek permission from John Legend as
the copyright music are protecting John Legend financially. So in order to use his music, firstly
XYZ must obtain a license for John Legend music publisher. It will give XYZ Photography the
right to use his music and XYZ Photography are protected from any legal issues. But keep in
mind that XYZ Photography might want to obtain a few licenses becausemaybe the song have
few copyright protection. For example; protection for the song and the other one is the
recording, the rhythm the harmony of the song.
Another way to use John Legend song as background music video is by using music
cover. Ask some artist to cover the song for XYZ Photography to use the cover song. This is to
avoid copyright violation by creating a disclaimer at the bottom of the DVD and also at the
credits section at the very end of the video. All the credits goes to John Legend as the original
owner.