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Jordan runs a small social media platform for digital artists. Casey is one of the artists who posts work on the platform. Casey’s work involves social commentary and satire. Casey recently posted a new work: a remake of a violent scene from a popular rap video that has been criticised for promoting gun culture. At its start, the video is identical to the original then 20 seconds later, as the battle starts, things begin to change. All of the guns change into devices that shoot out streamers or confetti. The final scene has the two groups looking tired, confused and walking away together. The original song plays in the background. Jordan just received a cease and desist letter from MMV Co. (the owner of the intellectual property rights for the song and video). The letter alleges that Casey’s video is infringing those rights, and MMV threatens to sue Jordan for infringement too if Jordan does not: (i) take down the video; and (ii) disclose Casey’s name and contact information.

(a) Is the video infringing those rights?

(b) Is there an exception that might apply?

(c) What should Jordan do?

 
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