MGMT 211 Lecture 8 Outline of Current Lecture I Chapter 5 a Trespass to Real Property Personal Property Trespass Current Lecture i Individual goes on to or causes something else to go on to over or under someone else s property without their permission 1 Sending your dog 2 Shooting a gun over 3 Digging underneath 4 Other person doesn t have to own it they just have superior rights to it ii You do not have to prove harm 1 Inferred harm reasonable persons standard iii Air space reasonable intrusion for iv Owner has to implicitly or explicitly make it known that you cannot go on to their property 1 Front yard is different than your backyard 2 Put up a gate put a sign reasonable person 3 Implicit you don t go breaking into someone s window but if your front door is open then it s a different story a However your backyard back door is protected v Some states Not Texas reasonable duty rule you have a reasonable duty of care 1 You have to take care of someone on your property as if you invited them over 2 However if you actually invite someone over and they get hurt it s your responsibility a If they get hurt at your pool it s your responsibility to help them b If you warn them it s a different story 3 Texas says no if you hurt yourself on someone else s property as a trespasser then you re on your own a Attractive nuisance doctrine if you build it they will come reasonable care i Swimming pool jump the fence and swim ii Lock your cars in the hot summer iii Protect the trespassers from themselves 4 You do have the right to make a trespasser leave if you don t remove them you re implicitly inviting them in and will be responsible for their damages a Reasonable force b Deadly force is rarely acceptable must be used against you first 5 Another form of trespassing is when you are invited become unruly are disinvited and you won t leave a If you don t leave it violates civil and criminal law 6 The more harm that they cause the more the damages go up 7 Non defense a Even if you get lost you re still trespassing b Improving a property i If you really don t know that someone is building a house on your property then it s yours 8 Real Defense a Real danger If there is a fire b Even if an arsonist is trapped in a building you can go into the building and save he she i If you save someone you have a defense c You can go in and save items b Trespass to Personal Property Conversion i Wrongfully borrowing something without their permission ii You may have a defense 1 The cleaners can hold your clothes until you pay for them they can even sell your property and apply it to the bill iii When it becomes conversion illegal act as well 1 It means you stole it civil side 2 You don t have to prove that they stole it 3 Example you take property out of a burning building but it s raining outside so you bring it home with you you still have it 6 months later a Ask how long they have it how they treated it how much did it cost the owner not to have it i Treat borrowed property better 4 Example Your roommate takes your car without your permission even though he put it back together you can sue him for the time you were without your car fair rental value a Trespass to personal property 5 Damages in conversion replacement value a If your roommate destroys your car he must buy you a new truck of equal value 6 Defense necessity a If your dog goes and bites Swim he can hold your dog until the time for the dog to develop rabies has passed b If he kills the dog he converted it to his own c Nuisance behavior that interferes with enjoyment or use of your property i Can be public or private ii For public industries create nuisances 1 Paper mills will donate money so that they can build in area iii Texas you knew the nuisance was there and if you move there that s your own fault 1 Different states handle it different ways a Massachusetts subdivisions moved around a longstanding hog farm and the farm was eventually removed d Infringement to Intellectual property i Intangibles extremely valuable ii If someone uses these without your permission it will cost you money iii 5 major types 1 Copyrights patents trademarks and service marks trade names and trade secrets 2 Copyrights exclusively given by the U S Government Copyrights Act of 1790 a Books poetry prose maps choreography anything you create in your mind b Recordings movies radios tough area i Very expensive ii If you write a 1 and keep the song rights you will make a fortune c What is not covered i News events construction workers hit a gas line and it exploded if you are a news agent you can t block the scene from other reporters 1 Your newscast can be copyrighted though a You can sell it to other news agencies ii Historical events 1 You can t claim an event but you can claim your interpretation of it iii Compilation of factual information 1 Lists companies make a fortunate off of compiling lists and selling them to other companies iv Trademarks d Copyrights simple just claim it and date it i Or register it Copyright Act of 1976 1 If you register you have to send a lot of copies and it goes to the Library of Congress 2 It goes to the public e Difference between claiming and registering remedies i If you try to copy a textbook Swim can get an injunction to stop you ii If you register you can rely on statutory damages 1 Also court fees and attorney fees 2 Usually higher than actual damages f Proving a copyright infringement if you register you have the power of the federal government behind you i He s So Fine My Sweet Lord 1 After expert testimony George Harrison lost all money from My Sweet Lord because it was substantially similar to He s So Fine money went to writer and copyright holder of the song g Rights of copyright holder i You can normally do whatever you want to do with it ii Exclusive iii Exceptions 1 Compulsory licensing a Sound recordings If Swim sang his song to us in a public venue you record it and you give it to your uncle to make a hit you will get the royalties 2 Fair Use Doctrine major exception a You go to the library for educational purposes and violate copyright law b If you cite the material s authorship and you don t make money off of it you won t get into trouble c Kinko s case they got sued because professors …