Poke State College’s Book Store, an independent contractor, The Book Store, Inc., (TBS) compiles, copies and sells reading materials to students. The compilations are prepared on the instructions of Poke’s professors, who indicate what parts of which publications and textbooks should be included for their students.
The copied materials include parts of textbooks published by Deep Topics, Inc. TBS does not obtain the permission of Deep Topics, or any other the other original publishers of the copies materials, and does not pay royalties on the sales of the compilations.
Deep Topics and other publishers file a lawsuit against TBS and Poke State College.
a.What is the basis for the lawsuit filed by Deep Topics and the other publishers?
b.What defenses might BS and Poke State raise?
c.Indicate the likely decision of the court hearing this case regarding Deep Topic’s lawsuit.