MGMT 211 Lecture 8 Outline of Current LectureI. Chapter 5a. Trespass to Real Property/Personal Property/TrespassCurrent Lecturei. Individual goes on to, or causes something else to go on to, over or under someone else’s property without their permission1. Sending your dog2. Shooting a gun over3. Digging underneath4. Other person doesn’t have to own it; they just have superior rightsto itii. You do not have to prove harm1. Inferred harm; reasonable persons standardiii. Air space: reasonable intrusion for iv. Owner has to implicitly or explicitly make it known that you cannot go on to their property1. Front yard is different than your backyard2. Put up a gate, put a sign – reasonable person3. Implicit: you don’t go breaking into someone’s window, but if yourfront door is open, then it’s a different storya. However, your backyard/back door is protectedv. Some states (Not Texas) reasonable duty rule: you have a reasonable dutyof care1. You have to take care of someone on your property as if you invited them over2. However, if you actually invite someone over, and they get hurt, it’s your responsibilitya. If they get hurt at your pool, it’s your responsibility to help themb. If you warn them, it’s a different story3. Texas says no: if you hurt yourself on someone else’s property as atrespasser, then you’re on your own.a. Attractive nuisance doctrine: if you build it, they will come – reasonable carei. Swimming pool: jump the fence and swim ii. Lock your cars in the hot summeriii. Protect the trespassers from themselves4. 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 damagesa. Reasonable forceb. Deadly force is rarely acceptable; must be used against youfirst5. Another form of trespassing is when you are invited, become unruly, are disinvited, and you won’t leavea. If you don’t leave, it violates civil and criminal law6. The more harm that they cause, the more the damages go up7. Non-defensea. Even if you get lost, you’re still trespassingb. Improving a propertyi. If you really don’t know that someone is building a house on your property, then it’s yours8. Real Defensea. Real danger – If there is a fireb. Even if an arsonist is trapped in a building, you can go into the building and save he/shei. If you save someone, you have a defensec. You can go in and save itemsb. Trespass to Personal Property/Conversioni. Wrongfully borrowing something without their permissionii. You may have a defense1. The cleaners’ can hold your clothes until you pay for them; they can even sell your property and apply it to the billiii. When it becomes conversion; illegal act as well1. It means you stole it; civil side2. You don’t have to prove that they stole it3. 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 latera. Ask how long they have it, how they treated it, how much did it cost the owner not to have iti. Treat borrowed property better4. 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 property5. Damages in conversion: replacement valuea. If your roommate destroys your car, he must buy you a new truck of equal value6. Defense: necessitya. If your dog goes and bites Swim, he can hold your dog untilthe time for the dog to develop rabies has passedb. If he kills the dog, he converted it to his ownc. Nuisance: behavior that interferes with enjoyment or use of your propertyi. Can be public or privateii. For public: industries create nuisances1. Paper mills will donate money so that they can build in areaiii. Texas: you knew the nuisance was there, and if you move there, that’s your own fault1. Different states handle it different waysa. Massachusetts: subdivisions moved around a long-standing hog farm, and the farm was eventually removedd. Infringement to Intellectual propertyi. Intangibles; extremely valuableii. If someone uses these without your permission, it will cost you moneyiii. 5 major types1. Copyrights, patents, trademarks and service marks, trade names and trade secrets2. Copyrights: exclusively given by the U.S. Government (Copyrights Act of 1790)a. Books, poetry, prose, maps, choreography, anything you create in your mindb. Recordings, movies, radios – tough areai. Very expensiveii. If you write a #1 and keep the song rights, you will make a fortunec. What is not coveredi. 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, thougha. You can sell it to other news agenciesii. Historical events1. You can’t claim an event, but you can claim your interpretation of itiii. Compilation of factual information1. Lists; companies make a fortunate off of compiling lists and selling them to other companiesiv. Trademarksd. Copyrights: simple, just claim it and date iti. Or register it, Copyright Act of 19761. If you register, you have to send a lot of copies, and it goes to the Library of Congress2. It goes to the publice. Difference between claiming and registering; remediesi. If you try to copy a textbook, Swim can get an injunction to stop you,ii. If you register, you can rely on statutory damages1. Also, court fees and attorney fees2. Usually higher than actual damagesf. Proving a copyright infringement; if you register, you have the power of the federal government behind youi. He’s So Fine; My Sweet Lord1. After expert testimony, George Harrison lostall money from My Sweet Lord because it was substantially similar to He’s So Fine; money went to writer and copyright holder of the songg. Rights of copyright holderi. You can normally do whatever you want to do with itii. Exclusiveiii. Exceptions1. Compulsory licensinga. 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 royalties2. Fair Use Doctrine: major exceptiona. You go to the library for educational purposes and violate copyright lawb. If you cite the material’s authorship and you don’t make money off of it, you won’t get into troublec. Kinko’s case: they got sued because professors were bringing in packets they had stolen; Kinko’s