MID-TERM

SM3743 LAW AND CREATIVITY

Read the case and the task below.

CASE
Jack, Bill, and Ping are artists.
At the opening ceremony of Jack's exhibition, Bill asked Jack to share his creative plans. Jack
told Bill about his new idea with enthusiasm and in detail. Jack wanted to create a series of
animals' images by imposing drawing techniques on fruits and vegetables' photos.
At first, Bill found the idea lacked originality. However, one day, while eating watermelon, he
looked fixedly at one of the paintings in his kitchen. An artist Ping created this painting, and it
depicted a cat (Pic 1). Some years ago, Ping presented the painting to Bill as a gift and said,
"Maybe you will like it, but it was my total failure." Ping also added that he had not even
registered his copyright in this painting.
It was not like Bill liked this painting but, after carefully studying the painting and watermelon,
Bill created new artwork, "WaterMeowlon" (Pic 2). The result went beyond all the expectations,
as the artwork became very popular. Bill sold many postcards, posters, and t-shirts with
"WaterMeowlon." Moreover, a film production company contracted Bill to create a series of
other animals' characters based on the same idea that he had used for his "WaterMeowlon." The
film production company wanted to use these characters in a new animation movie and paid Bill
a large fee. Bill was happy.
However, one day, Bill saw an online news publication about a mass protest to stop violence
against pets, where people were waving a huge poster depicting his "WaterMeowlon;" but the
cat's head had a knife in it, and the artwork was crossed out and accompanied by the slogan "Say
No to Violence Against Pets" (Pic 3). Bill also saw his artwork on the main page of the website
of the protest's organizers. He emailed them with the request to stop using his artwork and pay
compensation for its illegal use. They didn't reply for a month, and he filed a lawsuit.
Meanwhile, Bill's "WaterMeowlon" was becoming more and more popular. After Jack had
learned about Bill's success and his contract with the production company, he filed a lawsuit for
stealing his idea. Jack requested Bill to reimburse his losses and ask the company to stop
producing the animation film immediately.
Ping filed a claim for copyright infringement and claimed damages, too.
PICTURES
Pic.1 Pic.2

Pic.3
 TASK
For defendants and plaintiffs, each group needs to prepare the presentations of the arguments to
support the party they represent during the Moot Court. Groups representing judges need to
deliver fair and objective decisions. Each group has 5-7 mins for the presentation. Everyone
must contribute to the preparation, but it is allowed for some group members not to participate in
the oral presentation. Team leaders are responsible for the equal allocating the roles of the
presenters in their groups. They also must send an email at eshersto@cityu.edu.hk before the
exam to explain the roles of each group member.
Base your arguments on the material we have considered (everything is available on Canvas).
You are free to refer to law and case law from any jurisdiction. You can also use up to three
cases outside the course’s content, but then you must supplement the other party and judges with
the case brief no later than by the start of the next class (one week before the Moot Court starts).
You can add some new details to the case to support the argumentation (without changing the
sense of the story and the existing details).
Think in advance of the arguments that another party may use. You will need to react quickly
during the hearings.
Additionally, each group need to prepare questions. Defendants and plaintiffs prepare two
questions for another party, and judges prepare one question for each party.
You can add new arguments in court. Judges can change their rulings in the course of hearings.
GROUPS

Claim 1 – Artist Jack against Artist Bill

Group 1 - Jack’s representatives, the task is to support of Jack’s lawsuit against Bill
Group 2 – Bill’s representatives, the task is to protect against Jack’s allegations
Group 3 and Group 4 - Judges, the task is to provide decisions on the Claim 1, two groups of
judges work independently.

Claim 2 - Artist Ping against Artist Bill

Group 5 – Ping’s representatives, the task is to support of Ping’s lawsuit against Bill
Group 6 - Bill’s representatives, the task is to protect against Ping’s allegations
Group 1 and Group 2 - Judges, the task is to provide decisions on the Claim 2, two groups of
judges work independently.

Claim 3 - Artist Bill against the Protest’s organizers

Group 3 - Bill’s representatives, the task is to support of Bill’s lawsuit against the protest’s
organizers
Group 4 – the representatives of the protest’s organizers, the task is to protect against Bill’s
allegations
Group 5 and Group 6 - Judges, the task is to provide decisions on the Claim 3, two groups of
judges work independently.

CRITERIA FOR ASSESSMENT

The mid-term exam will is a group task, and it implies a group work assessment.
1. Argumentation – (60%)
a. Support with correct and relevant references to various cases and rules
b. Correct and relevant application
c. Depth and clarity of analysis
d. Creativity and diversity of arguments
2. Organization (40%)
a. Teamwork (including efficient role allocation)
b. Time management (including prompt responses during the exam)
c. Clarity and coherence (structure) of presentation
d. Creativity of presentation