“Pia Myers, a part-time news writer for a local newspaper, attended an air show at a local airport. While watching two aircraft performing synchronized aerobatics, she noticed that the wings of the two aircraft were exceptionally close to each other. She photographed the aircraft at the instant that the two aircraft collided and took a second photograph of the pilots as they parachuted to the ground. Myers wrote a brief descriiption of the accident and submitted the two pictures and the written material to the local newspaper for publication. The pictures and the report were published in the next edition of the newspaper, in which she received credit for the pictures and the story in a byline. She was paid her regular rate for the written material, and $50 for each picture. Myers later submitted the same pictures and story to an aviation magazine, and the material was subsequently published. Myers was paid $300 for the pictures and story by the magazine.
When the newspaper discovered the magazine article it instituted legal proceedings against the magazine and Myers, for copyright infringement, claiming that the copyright belonged to it.
Discuss the arguments that might be raised by the parties. Indicate how the case might be decided.”
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