Pat Parker Case Study

The legal issues Pat Parker had to consider in this case were numerous. A sale could possibly violate contract or federal copyright laws. A sale to the State Academy of Trial Lawyers could violate the $500 limit on funding under the Florida Campaign Finance Statute. The fact that the report would be sold to the opposite party could make the sale fall under the Florida Voluntary Code of Fair Campaign Practices. Also, he had to consider possible violations of ethics codes.

Parker first had to determine whether he would be violating any contract laws by selling the report to the State Academy of Trial Lawyers. In order prosecute Parker, the state had to prove the existence of a valid contract. A valid contract contains the f

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repared by an employee or by an independent contractor. Works made by employees are usually considered “made for hire, but a work made by an independent contractor is only considered a “work made for hire” if it fits into one of the following categories: (1) part of a larger literary work, (2) part of a motion picture or other audiovisual work, (3) a translation, or (4) a supplementary work such as a chart, an introduction, an atlas, a test or answer material for a test, or an instructional text. It must also be expressly stated in the contract that the work is “made for hire.” Parker was not an employee of the Jackson campaign, nor did his contract expressly state that the research he conducted was a “work made for hire.” Because of these two facts and the fact that the research does not fall under any of the four categories listed above, Parker, the work’s original author, should also hold the copyright. Also of importance to this question is the agreement signed by both Parker and Jackson. Section 11 of the original agreement states that the Democratic campaign only has the right to use the research during the election year and that it may not be used “for any other purpose, campaign, or person.” This clause and Parker’
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Approximate Word count = 2026
Approximate Pages = 8 (250 words per page)

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