We can work on The Use of Contracts to Protect Property Rights

Read the summary of the Wrench LLC v. Taco Bell Corporation case in the “Ethics: Implied-in-Fact
Contract Prevents Unjust Result” section of Ch. 9. it is suggested that you also research and read the full
court opinion, using the summary in the textbook to aid your understanding of the legal issues presented.
Address the following questions: 1. What type of intellectual property was at issue in this case? Were these
ideas entitled to protection under the law? 2. Explain the difference between an implied-in-law (quasi
contract) and an implied-in-fact contract. What type of contract was at issue in this case? 3. Explain what
the parties could have done differently to protect their rights and avoid this dispute. 4. Explain how a
properly written contract could have been utilized for the licensing and use of the intellectual property to
prevent the issue and provide terms you would recommend be included in such a contract. 5. Identify and
explain each of the elements that would have been necessary to form a valid contract.

Sample Solution

In allowing such multiple readings, asserts Barthes, the photographs brings into question the relationship between image and text and, more rightly, exposing the play that exists between the two. In a process that Barthes calls “anchorage” (Barthes, 1977: 38) text pins down the multi-faceted meaning of an image, suppressing the natural polyvocal nature of a photograph and re-establishing the rational search for a unique interpretation. In the series of photographs by Gillian Wearing, for example, where ordinary members of the public were photographed holding up textual messages such as “I’m Desperate” and “Help”, it is the text that is assumed to be the underlying truth behind the photographic image, highlighting the extent that textual and linguistic signifiers have historically dominated visual ones. Feminist photographers have often played with the inherent slippage of meaning within the photographic image; the work of Cindy Sherman, for instance, exemplifies many of the issues we have been discussing here. Photographed in a series of ironic and iconic poses and ‘disguises’ Sherman’s work is both postmodern, in that it is self referential and kitsch but it is also considered feminist in that it attempts to rediscover and reclaim patriarchally constructed images of womanhood (the housewife, the screen starlet, the victim etc). As Shawcross (1997) details, by using herself as a model, Sherman also deconstructs the notion of identity and surface appearances – who or what are we reacting to in these images, Sherman the photographer, Sherman the icon, Sherman the disguised housewife or the housewife per se as an image in itself? As Barthes would suggest, the contribution of the photograph to the debate on the relationship between image and text (Sherman tellingly does not titled any of her photographs) is the very play of interpretation that such photographs expose. Ultimately, then, as we have seen, there could be considered a direct link between the failure of grand narratives such as sexual difference and perspectivalist representation and the rise in critical interest in photography. As an art form that is both indexical and open to manipulation, photography is ideally suited to exemplify debates on the nature of interpretation and semiotics, something that has had a marked influence on both critical theorists and photographers alike. References>

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