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The student enters an illustration contest, and wins first place. The first place prize is a $5,000 check. The student is sued for copyright infringement.
In this case, the use of the illustration was done as a commercial venture, yet was also done as a criticism, something quite obviously protected by Section 107. The use of the copyrighted material may have damaged the market in which the tuna company operated, but the student's art did not directly compete within that market. The original work clearly constituted an imaginative work. However, the student did not directly use that work, instead choosing to use parody.
By examining the copyright fair use statements, and the precedence set by other courts, it is almost impossible to predict how a court of law would decide this issue. The work was intended for commercial use, may harm the market, and uses clearly imaginative original artwork in…… [Read More]
In order to take refugee from these invalid assertions, she made a fair use claim for all the material that had copyrights. The video was only twenty nine seconds long and the music was near to being audible for only twenty seconds. If these fair use claim wouldn't have been made an innocent women and her family would have been sued for doing something that they didn't do intentionally. The purpose of the video was to show the children dancing which wasn't understood by universal authorities. It can be supported by the fact that the quality of music in the video was extremely poor and therefore, the music was inaudible.
hat comes under copyright violation and what is secured under fair use claim is still unclear amongst the people. Many think that even the thumbnails shown in a search engine and their placement on their own site is a violation…… [Read More]
Copyright Case Analysis
Charles Barton Bollfrass v. Warner Music Group Cor
Copyright infringement occurs when an individual or other entity uses another person's works without the proper authorization or licensing. Generally, infringement occurs when a copyrighted work is reproduced, distributed, publically displayed, performed, or transformed into derivative works without the copyright holder's permission. In a recently settled court case brought against Warner Music by Charles Barton Bollfrass, Bollfrass alleged that Muse and Warner Music infringed upon the copyright he holds on a screenplay and storyboard art, and also accused Warner Music of engaging in unfair trade practices.
In the lawsuit filed on August 30, 2012 in which Bollfrass sued Warner Music for $3.5 million, he argued that Muse's song "Exogensis: Symphony," from The esistance (2009), "was substantially similar to his screenplay, 'Panspermia/ExoGenesis," because the two works shard similar themes and narrative plots (McAfee, 2013). Allegedly, both Muse's song and Bollfrass's…… [Read More]
External Environmental Analysis Sources (Opportunities and Threats)
The appropriate sources for the external environment analysis as pertains to opportunities include the available public information about the economic factors in relation to expansion, company information about the efficacy of purchasing operations, capacity for increasing catering services and product lines, and published information about prospective companies that could potentially have an interest in acquiring Kudler Fine Foods.
The appropriate sources for the internal environment analysis as pertains to threats to the company's success would be the publicly available information about competing companies serving the same market and the publicly available information necessary to conduct an objective evaluation of the likely impact of the current economic recession, including a reasonable projection of its duration and the expected pattern of its eventual recovery.
Kudler Fine Foods provides a specialty service that is more susceptible to the negative influence of economic challenges than traditional…… [Read More]
He only resorted to blackmailing the
Helmers once he knew his reputation and livelihood were being endangered by
them. Before then he was content to overlook Nora's indiscretion regarding
Through the character Nora it was shown that women during that time were
generally not supposed to live and think freely on their own. They were
expected to simply be content with taking care of their families and to not
pursue any endeavors outside the home. The character Mrs. Linde therefore
was shown to lead a very unconventional life as a woman of her time since
she worked outside and had no normal family obligations.
The play's realistic approach contributes to its power by making it be
more agreeable to reality. Instead of showing characters living happily
ever after once a problem is solved it shows that complications, such as
Nora's sudden desire for independence, can arise just like…… [Read More]
This change in intentions came about despite the fact that the country
faced no new imminent external threats and had no radical changes occur
within its internal institutions.
A second hypothesis is that individual leaders can have a significant
influence upon their countries' diplomatic or military might. The French
emperor Napoleon Bonaparte is an example to demonstrate this hypothesis; he
was considered to be one of France's greatest military generals who
personally led his army from one victory to another throughout Europe. A
third hypothesis states that nations possessing leaders prone to risk-
taking are more likely to wage war. Hitler demonstrated this by first
invading France and later trying to invade Russia despite the enormous risk
of incurring military defeat.
A fourth hypothesis states that nations led by leaders with predictable
behaviors can develop longer lasting alliances. Democratic leaders are
thought to best exhibit this behavior as seen by…… [Read More]
After the oral phase the court delivers its judgment, which
is final and binding upon all present without further claims for appeal
("International Court of Justice"). This part of the procedure regarding
both the written and oral phases, is similar to that followed by the US
Supreme Court after it has granted petitions for certiorari ("Supreme Court
of the United States", Oct 22, 2007)
An advisory opinion is given by the World Court in regards to legal
questions brought forth to it by the five organs of the United Nations as
well as its 16 specialized agencies. Both the UN General Assembly and
Security Council can seek advisory opinions about "any legal question",
while the other organs and agencies can only seek opinions on "legal
questions arising within the scope of their activities" ("International
Court of Justice").
International Court of Justice Website. etrieved October 27, 2007 from:
"The…… [Read More]
Secondly, she must realize that this integration role takes the form of information manager. Specifically, the project manager performs the lateral-relations task. This means that the successful project manager recognizes who needs what information and creates mechanisms to assure that the right people get that information. In this capacity, the project manager is responsible for communication flow both vertically and horizontally.
Finally, Naomi needs to understand that, at least to some degree, she lives within a matrix. She must see that the diverse members of her team are responsible not only to her, but to functional managers whose objectives and priorities might directly contradict her own. Being effective as a project manager in this type of environment requires significant interpersonal skills.
Let's look at an example from Naomi's list: team members were too busy with their functional priorities to attend project team meetings. What if Naomi had understood the need…… [Read More]
This is problematic, because if left unaddressed this can hurt innovation and the ability of companies to create new technology. The reason why, is due to the fact that certain firms are using copyright laws to protect their profit margins and dominance inside the sectors. This is considered to be monopolistic, as they are hiding behind these regulations to maintain the status quo.
When you compare the underlying strengths and weaknesses of different copyright laws, it is obvious that they are designed to safeguard the time and investment in the project. As, these regulations are giving them the ability to earn an income off of their ideas and recoup any losses during process of refining their work. This is important, because this basic provision has allowed producers to innovate and bring forth ideas that will change society.
However, many of these laws also have a number of weaknesses to include:…… [Read More]
The very nature of the copyrighted material is also taken into account when determining 'fair use', and the amount of the copyrighted material being used in relation to the entire original work will also be considered. Another important aspect is the result or effect that the publication of the copied pieces would have on the copyrighted material in relation to the sale of or on the market value of the copyrighted work. 'Fair use' can also be made of a copyrighted material even if it was unpublished until then, if all the above factors were to be adhered to by the user of the copied material. Where libraries and librarians and all the other employees of the library are concerned, it must be remembered that the library or its archives or any of the employees who are acting upon the interests of the library or the archives, will not be…… [Read More]
Internet's Affect on Copyright, Trademark and Patent
Imagine this: you pull into your driveway. The garage door opens and the lights in your house turn on with the push of a button on your cellular phone. As you walk into your living room, your computer displays the latest news of the day and a record of missed telephone calls. Your television sports a large screen and wireless controls, offering online content and traditional programming originating from a single source. A single wire coming into your home or office delivers phone, videophone, Internet and television service. These connections are offered by the telephone company, the cable company, and possibly even utility companies. These hybrids enhance access, speed, selection, and convenience; bridging the best of technologies. The world of the Internet has clearly become an open door for innovation, creativity and development of various new business tools.
The rapid growth of the…… [Read More]
Digital Millennium Copyright Act
It was in the year 1998, in the month of October that the Digital Millennium Copyright Act was passed by the U.S. Congress after much deliberations and controversy. It would be another two weeks, October 28th to be exact, that the Act became a Law. The law was signed by the then President, Bill Clinton. The law was approved and also supported by the entertainment industry as well as the software industry. However, there was a lot of disapproval in the fields of academicians and scientists and other learned people, which was in fact unavoidable. The Law supports the treaty that had been signed in December 1996 at the World Intellectual Property Organization at Geneva but also contains further materials that were added on at a later date. (The Digital Millennium Copyright Act)
Some of the provisions of the Digital Millennium Copyright Act are as follows:…… [Read More]
DMCA is considered to be at its weakest point because it illegalizes free expression and leads to the detriment of various innocent victims (Wilbur, 2000).
Moreover, other arguments have been raised against DCMA on the fair use of the state's intellectual property paid for by consumers. For instance, companies like Apple go to extremes of locking their devices. Significantly, third developers of software have an opportunity of developing ridiculous processes in order to enhance their applications to the users. The restrictions that are imposed on devices are too limiting considering the capital invested in the applications. However, it is important to note that the DCMA has many supporters, especially from the big companies who are very influential. Consequently, it is impossible for the various critics on DMCA to have a prospect of being amended (Stegmaier, 2005).
Notable court case
One of the notable cases was in August 2009. The Motion…… [Read More]
The United States Copyright Office was established in 1897 to protect the work of designers and artists. The office administers the U.S. Copyright Act 1976 and other laws and regulations governing copyrighted work (U.S. Copyright Office). According to the American Institute of Graphic Arts (AIGA 78), a professional association involved in airing and protecting the interests of artists and designers, copyright safeguards the ownership of work originally created by a designer. ith copyright protection, the designer exclusively controls whether the work can be copied or not. The designer maintains exclusive rights to reproduce, display, perform and license the work. Accordingly, the owner of a copyright can sue for damages in the event of copyright infringement. Nonetheless, even with legal mechanisms as well as AIGA and other professional associations such as the Graphic Artists Guild, copyright protection remains a challenge.
The challenge of copyright protection has even been greater in…… [Read More]
Happy Birthday Copyright
Copyright law: Happy Birthday
Is Bobby Bandleader violating the copyright of Johnny Singstealer?
According to copyright law, the owner of a copyright has the exclusive right to: "reproduce the work in copies; to prepare derivative works based upon the work; to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; to perform the work publicly; to display the copyrighted work publicly," and "in the case of sound recordings, to perform the work publicly by means of a digital audio transmission" (Copyright infringement, 2012, Copyright.gov).
Of course it is true that many people sing Happy Birthday every day and do not have to pay royalties as a result. But when they do so, they are singing for their own pleasure, not to receive monetary compensation. If I sing in the shower, I cannot be…… [Read More]
Information Technology Copyright Issues
There is no doubt that the digital revolution ushered forward by the computer and Internet age has changed myriad aspects of contemporary society. In addition to significant social and cultural changes and the evolution of political discourse on a global basis, the digital revolution has also profoundly changed the landscape of centuries of established legal principles that pertain to the proprietary ownership and protection of original intellectual property (Halbert & Ingulli, 2009). At the time that modern laws of copyright, trademark, and the very definition of intellectual property were created and defined as legal concepts the prospect of their light-speed transmission and storage in vast quantities by ephemeral entities that exist mainly in cyberspace were completely outside of the scope of contemplation by legislators and intellectual property creators alike.
As a result, the first two decades of the Internet age have witnessed legal disputes arising from…… [Read More]
The WTO, through its
primary role as a mediator, negotiator, and monitor of international trade
policies and disputes, serves by design as a gatekeeper of international
trade, offering the structural conditions and assembled authority to exact
a legitimate level of authority over its member nations. This accounts for
the appropriation of many of the conditions resulting from previous global
conventions relating to intellectual property for use in the TRIP
legislation, with its reinforcement under the parameters of the new WTO
denoting an intellectual property structure with theretofore unprecedented
regulatory relevance. (Chadha, 1)
In considering the content of the TRIP agreement in light of its legal
implications, the function of the WTO comes into more vivid focus. Indeed,
we can see through its approach to intellectual property and patent
protections, which its legislative and philosophical thrust tends to
endorse as a mode to sustainable global development, that the WTO is
designed…… [Read More]
Inability of Analogous Copyright Laws to Work Well in the Classroom and Society of the Digital Age
Traditional copyright protection laws have for sometime now been unable to give complete protection to the rights of those who 'own' various types of media, ranging from books and articles to photographs and music. In the opinion of some, this change has mostly been as a result of the absence of strict laws needed to improve such rights. As a consequence, a key matter of interest emerges from "Overwrought copyright: The inability of Analogous copyright laws to work well in the classroom and society of the Digital Age" One hugely unexamined area that is a central and important question, is the role the doctrine of 'first sale law' will play in the future of digital copyright laws. The requirement that those who hold copyright transfer the control power of many applications of a…… [Read More]
They may not install personal copies of software they purchased for home use on a school computer; or make copies of school-owned software for either home use or to share with parents and students.
In addition, the laws address the use of shareware. Sometimes people think of shareware as "free," but it is not, and schools may not use shareware beyond the date at which the shareware copyright owner demands payment. In addition, although freeware is free in that the school does not have to pay for it, the law states that people may not sell freeware. Schools are not likely to do that, but they also cannot alter the freeware for any kind of commercial purpose, even if their goal was to support educational goals in some way (Education World).
The cumulative effect of these laws require that schools (as well as everyone else) use commercial software only in…… [Read More]
Pattern: Copyright Infringement
With copyright infringement becoming an increasingly common issue in the wired world, it has become all the more important to discuss the situations where infringement occurs out of territory. According to U.S. copyright infringement laws, the courts can only decide a case where the infringement occurred within the U.S. territory and all other cases would be dismissed on grounds of forums non-conveniens. But in the world of Internet, we can no longer allow such strict territorial treatment in cases of copyright infringement because there is a good chance now more than ever before that infringement would occur abroad especially in the case of music and other creative arts. We shall now discuss a hypothetical case in the light of real precedents and apply our laws to see how such a case would be decided.
Bill is a U.S. citizen residing in Germany. He creates some tunes online…… [Read More]
Threats to Ownership and Copyright of Intellectual Property
The intellectual property (IP) is defined as an original creative work, which may be tangible or intangible form legally protected by law. (aman, 2004). The intellectual properties include the rights to scientific, artistic and literary works. Moreover, IP covers the invention of human endeavor, scientific discoveries, and industrial design. A current revolution of information technology has made IPs the greatest assets of assets. In the last few decades, there has been a rapid growth of digital discoveries where the IPs of the digital products are in electronic format. However, hackers have taken the advantages of the digital form of IP products by invading and stealing their IP in order to produce the counterfeited products and later sell them online. (Zucker, & Nathan, 2014). IP theft refers to an infringement of patents and copyright through counterfeiting of digital theft. Counterfeiting is an imitation…… [Read More]
Ethics in Software and Copyright Infringements in the Balkans
The first point one has to look at is the situation in these countries and their position in terms of development as also the size of the potential market. There are a total of eight countries and most of them have been in political turmoil till about ten years ago. These countries are all breakaway portions of other bigger countries, or the soviet empire. The software market is small but there are already participants in it from United States which means that there is a lot of future potential development. On the side of the governments there are definite efforts to legalize the situation of software, though full achievement will take quite sometime. At the same time, there are a lot of conflicts within the big names in the industry -- Microsoft and Linux -- and this is leading to advantages…… [Read More]
Copyright Infringement & the Digital Millennium Copyright Act (DMCA) of 1998
This paper looks into the issues of copyright infringement and circumvention of technology with reference to Digital Millennium Copyright Act of 1998. The author of this paper has carefully studied the law in question and has focused on various issues connected with this legislation. DMCA is a highly controversial law that has been staunchly opposed and actively supported by different section of the public and it has managed to attract great deal of media attention because of various lawsuits that emerged in this connection. The paper looks into some important Court cases for impartial and objective study of the law.
DIGITAL MILLENNIUM COPYIGHT ACT
INTODUCTION TO DMCA
There has been a long-standing debate on the issue of freedom of speech in the United States. While the Constitution of the country explicitly grants American citizens the right to share information…… [Read More]
Management and Technology
ate (when you are going to hand this in)
(1) (a) What are the pros and cons of concurrent product development? (b) o the pros outweigh the cons? (c) Why or why not?
The advantages or pros of the concurrent product development model include faster time to market, increased intensity of focus on communication and clarity of direction, more efficient use of limited resources due to constraints needing to be planned for and met, and often a reliance on advanced rapid prototyping techniques as well (Gehani, 1992). In larger organizations where there are multiple projects occurring in conjunction with each other, there is often a greater level of orchestration achieved across all projects given how corporate-wide engineering, product development and quality management all must be managed to a common set of objectives (Gehani, 1992).
Conversely, the disadvantages include greater potential confusion over roles of critically important departments…… [Read More]
But the resulting law was too broad, ensnaring legitimate research activities. It showed that the DMCA had become a go-to strategy for companies facing embarrassing revelations about their products." This critique centers around the idea that research into any one topic is disallowed due to the extreme copyright laws that the DMCA supports.
Support for the DMCA stems from the fact that Internet Providers and host companies are immune from DMCA punishment. This is good according to Kravets (2008). He argued that "the DMCA's separate notice-and-takedown provision has proven even more crucial to the growth of the internet. The provision grants immunity to so-called "intermediaries" -- ISPs, for example -- for any copyright infringement by their users. To earn that so-called "safe harbor," the intermediary such as video-sharing site YouTube must promptly remove material if the copyright holder sends a takedown notice. But the company can restore the content if…… [Read More]
input/output devices will you be using in the next one to three years as "computing" devices? Which features/components/form factors will be prominent? Why?
Which features/components/form factors will be important to you? Why? Which applications will you be using on these devices? How may these devices change your life in terms of benefits and risks? (Two pages)
A survey of experts identified five major themes that will carry forward through the next half century ("EEEE Spectrum," 2012). ncreased computation and bandwidth is the first of these themes ("EEEE Spectrum," 2012). This notion that there will be computation and bandwidth to burn means that the shift of computing power and network connectivity will move from one end of the spectrum to the other -- there will be utter and unimaginable abundance of computing and networking capacity ("EEEE Spectrum," 2012). Experts predict that people living in developed countries will have gigabit nternet access…… [Read More]
However, at the outset, all prospective inventors and authors have the same right to create any work of their choice that might generate profit. In the case of both patent rights and copyrights, the award of exclusivity is justified to prevent other entities that did not contribute to the development of marketable ideas or products from benefiting from the work of entities that created that value. This is merely one manifestation of a classic legal principle of avoiding unjust enrichment (Halbert & Ingulli, 2008). To the extent they can be differentiated, it is only that the underlying motivation for recognizing patent rights is that doing so promotes innovation whereas copyrights are mainly related only to unjust enrichment concepts.
Edwards, G., Wattenberg, M., and Lineberry, . (2009). Government in America: People,
Politics, and Policy. New York, NY: Longman.
Halbert, T. And Ingulli, E. (2009). Law & Ethics in the Business…… [Read More]
The purpose of this precaution is to maximize the ability of the company to pursue violations of its copyright in an appropriate court of law or other forum and to ensure that the company is entitled to the maximum compensation allowed by law for copyright infringement of its intellectual property. That notice shall read as follows:
No part of this copyrighted intellectual property may be reproduced for any purpose, whether or not for profit, without the express written authorization of XYZ Company. Any violation of XYZ copyright of this protected material will be pursued to the fullest extent of the applicable criminal and civil law against any and all parties involved.
Policy 2 -- Non-Use of Company Intellectual Property by Employees
The XYZ Corporation is the sole owner of any and all copyrights and other intellectual property rights of any and all intellectual property created by its employees in the…… [Read More]
Statement of Facts
The prospective plaintiff wrote a novel a year ago on her home computer. She then distributed 100 copies to acquaintances and agents, but without a copyright notice attached. Yesterday she discovered a recently published novel that appeared to have plagiarized her work and is considering a lawsuit.
For a writing to be eligible for copyright protection the work must be original, which the courts and the U.S. Copyright Office have interpreted to mean an independent work that did not rely on the work of others to create. For example, students who complete an essay exam own the copyright to their answer if the work is original. Copyright protection is in effect as soon as the page is inked or the keystrokes captured by the software program. Based on the facts of this case the plaintiff wrote a novel and the work is therefore assumed to…… [Read More]
Arguably the deficiencies in processes and technologies throughout the distribution channel enable the unethical sharing of digital property by consumers in the first place. it's as if the incompetence of these channel partners' platforms, either from a website standpoint with the support of DM technologies or the reliance on faulty, often poorly designed DM systems, technologies and techniques create much opportunity to take digital and intellectual property and repurpose it illegally across P2P sites that seek to make all music egalitarian (Lysonski, Durvasula, 2008). it's as if the mid-tier of the distribution channel is leaving the door open wide enough from an intellectual property standpoint to allow for individuals to selectively choose which songs, digital products of all sort, and what platforms they want to repurpose them on (Levin, Dato-on, Manolis, 2007).
When the music distributors, both in the form of traditional forms including music stores selling CDs and non-traditional…… [Read More]
Interestingly, the word borrow denotes that a particular item will be return after being used for a specific purpose. Silliman (2010) carefully illustrates the mental paradigm of many artists today. Using the work of others is deemed common practice, especially in light of the sea of information floating on the Internet. However, copyright infringement is likened to plagiarism, which is a serious offense with unethical underpinnings. Claiming the work of others, without expressed permission granted, breeds a lack of integrity. Ironically, society has a disdain for people who cheat; yet, they embrace the concept of borrowing the material of others. For a closer analysis, the AMA eight-step evaluation process was used to glean a deeper insight.
Discovery Key Facts
Sam is a freelance editor and photographer who needed employment.
Disorganized producer, main sponsor of a major TV show, hires Sam to complete a project with a very tight…… [Read More]
Each institution must have an acceptable use policy for access to all systems including the Internet/World Wide Web. This policy must include provisions for:
protecting the confidentiality of students protecting intellectual property rights, licensing agreements and legal/ethical standards for sharing of resources with other educational entities upholding the integrity of systems, programs and information resources
The duties and responsibilities to carry out this policy are placed upon institutions, IT officials, and instructors (District Technology Plans: Essential Components and E-ate Plan Criteria, n.d.).
The Florida policies do a good job in making sure that each institution has a policy in regards to intellectual property. It deals with protecting the use rights of the systems that are being used in the course of distance learning along with student confidentiality. This is an advantage to both the institution and the individual student. What this policy does not address is how reasonable technological measures…… [Read More]
Value of Access to Excessive Visuals
Business - Advertising
Assessing Value of Access Excessive Visuals
The paper will consider visual literacy with respect to legal and ethical implications of the access to numerous visuals to users of the Internet in the 21st century. The overall subject matter of the Youtube video students were to watch has to do with copyrights and use. The Internet is a vast and useful resource. There is no doubt that its existence has changed and in many ways improved humanity and human relations around the world. As part and parcel of the Internet, users in most countries have at their fingertips access to an innumerable amount of material, including a vast number of visuals such as photographs, diagrams, and charts.
On the one hand, access to numerous visual sources can have positive effects. People can be exposed to works of art, to data infographics, and…… [Read More]
SOPA & PIPA Legislation
File sharing involving copyright infringement began as peer-to-peer operations, sometimes with the involvement of a central server that acts as a search engine. Recently there has been a rise in file sharing where the infringing content is actually stored on the central server, such as the now-defunct megaupload.com. Consequently, there is a conflict between the rights of content owners and the rights of ordinary users of the internet. The conflict here is that efforts to eliminate sites that enable online infringing may also eliminate legitimate internet activity. In the fall of 2011 the SOPA (Stop Online Piracy Act) and PIPA (Protect Intellectual Property Act) proposals were introduced into the U.S. Congress. Almost certainly, the SOPA and PIPA proposals to go after file sharers go too far in the other direction in violating the free speech rights of individual users and handing the web even more over…… [Read More]
Scenario: Dana and Ronnie operate a Web-based business, TraderRon.com, an Internet swap site that uses a Dutch auction system pioneered by Priceline.com. TraderRon.com allows customers to make offers to other customers to swap such items as their unused frequent flyer miles for other customers' unwanted merchandise, including DVDs, music CDs, used books, and any other merchandise customers might want to trade. No sales involving payment of money are made on the site. Some of the merchandise that has been offered on the site and swapped consists of bootleg or pirated merchandise, as well as designer knockoffs. All of TraderRon.com's income derives from advertising. TraderRon's website and advertising use a black and grey symbol to represent its swapping service. It has used this symbol consistently and registered it with the U.S. Patent and Trademark Office. The symbol is very similar to the Nike swoosh symbol, except it fades from…… [Read More]
In conclusion, I believe that the anti-circumvention provision is important since it makes sense to prevent unauthorized uses of the intellectual works of the owner who have put so much time and efforts in producing the work.
If a person had a legitimate fair use reason for accessing a work, then nothing in the provision would prevent him or her from doing so.
This provision is also important since it offers the motion picture; music companies; film studios; and publishing industries
Berners-Lee, T. And Hendler, J. (2001). Publishing on the Semantic Web. Nature, 410(4): 1023-1024.
Litman, J. (2001). Digital Copyright. New York: Prometheus Books.
McKenna, B. (2002).Distribution Dollars Drive Ingenta's Growth. Information Today, 18(7):544-545.
Usher, N. (2001). Scientists Demand…… [Read More]
S. No. 04-1739 (2006)
wo examples of where rights are limited in the ownership of land or property:
Servitudes and easements are put into place...
Servitudes and easements can be protected by...
It is vital to protect Servitudes and easements because...
III. Intellectual Properties
Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General
U.S. 01 -- 618 (2003)
he differences between copyrights, trademarks, and patents include:
he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...
IV. Business and the Bill of Rights
Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.
U.S. 97 -- 303 (1999)
he major difference between business speech and political speech is that...
Whether or not "Closely regulated industries…… [Read More]
Brand Names: Will 'iPad' Become Generic Word for Tablet?" was published by the U.S.A. Today, with the central premise concerning a relatively unknown yet ubiquitous phenomenon known as genericide. According to the article, which was compiled by the Associated Press (AP), Apple Inc. And its proprietary iPad tablet computing device is poised to alter the English lexicon through its supremacy within a particular market segment. Like the Band-Aid and Kleenex before it, the iPad has become so synonymous with a niche product that consumers invariably refer to competitor's offerings by the same name, and Apple Inc.'s executive management structure must now wade through the quagmire of intellectual property rights and trademark protection law to determine the course of action that preserves the company's duly earned domination of the market. The article presents the iPad's emergence as the standard bearer for tablet computing devices as a mixed bag of sorts for…… [Read More]
Ethics of Film Production
It goes without saying that film producers owe a certain level of responsibility to not only those being filmed but also to the audience. During production, a number of key considerations should ideally be taken into account in regard to how the film will impact on those who happen to be part of it i.e. during its production, those who will view it on release as well as any other pre and post production stakeholders. Hence during filmmaking, producers owe all these constituencies a responsibility. In this text, I concern myself with the ethics of film production. In so doing, I will also shine a spotlight on both copyright and legal issues.
Ethics of Film Production
According to Barbash and Taylor, "ethical issues are rarely discussed in film production manuals" (48). This in the authors' opinion is largely as a result of the discomfort ethical issues…… [Read More]
he Registrar ruled in Plaintiff's favor on Issue 3 (Prior Reputation) and accordingly, denied Defendant's trademark application.
In denying Plaintiff's first two grounds for opposition, the Registrar held that she did not have competent jurisdiction to decide matters of copyright infringement. herefore questions under sections 52, 126 and 184 of the Copyright Act or to determine the operation and effect of regulation 4 of the Copyright International Protection Regulations also lie outside the jurisdiction of the Registrar. Because the Registrar does not have the jurisdiction to rule on the issue of copyright and ownership, there is no discussion as to the actual merits of Plaintiff's claims.
In affirming Plaintiff's objections to the application on the grounds of Prior Reputation, the registrar found that the two marks were substantially identical and that Plaintiff offered compelling evidence of prior reputation in its mark prior to the application priority date in Defendant's mark.…… [Read More]
..for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" was a more important right to protect under Fair Use Doctrine (Liebowitz, 1985, p.4). Freedom of access to information was more important, and creating an unregulated market environment of ideas. Granted, file sharing is not always used for such a legitimate purpose, but then again, neither were 'taped' VHS movies and programs.
hile on the surface it would seem because intellectual property law that "provides the copyright holder an exclusive right to copy the intellectual product," is necessary because "the lack of competition in the reproduction of the intellectual product allows greater remuneration to the copyright holder than would otherwise be the case," the right to profit off of one's product is not absolute, and the consumer also has a right to fair use and access (Liebowitz 1985). Furthermore, even if Grokster…… [Read More]
Compulsory Licensing of Patents
The purpose of this paper is to highlight the causes and affects of the compulsory licensing of pharmaceutical products. Initially, the paper highlights the fundamental positions, attitude, inclination and concerns of the developed world and the under developed world with regard to the intellectual property rights of the pharmaceutical products. The paper also concentrates on the subject of the intellectual property rights of the biotechnology products (plants); this is because plants are the major source of almost all pharmaceutical products being used today. Furthermore, it is a matter of fact that the patentability of plants has been given a lot of attention by the developed world, in particular United States of America, as well as, the developing World. The paper also exposes the priorities of both the developed world and the under developed world, priorities that have been a major hurdle in all previous negotiations on…… [Read More]
Praying with Larry Podder
The case about the Christian game "Praying with Larry Podder" is interesting and there are two main concepts that are at play but they both deal with intellectual property rights. One issue is the likeness to Harry Potter and the other is the sharing of potentially copyrighted material through the peer network.
If it is true that the game is about Larry Bakker's life and not Harry Potter's, what will you need to prove to defend against this lawsuit?
If the game is "really" about Larry Bakker's life then it should be too difficult to mount an adequate defense. Obviously a personal account of one's own life is a subjective account. However, there are ways that one can put together some evidence to verify personal stories. Pictures and testimonies from friends, family, acquaintances or neighbors could all be used to produce some factual evidence…… [Read More]
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which…… [Read More]
That most people do not "have the facts" about copyrights should surprise nobody. Let's be real here -- copyright law is complex, often vague or nuanced, and there are multiple different copyright regimes. No reasonable person would believe in this 24-hour rule, but there should be zero expectation that anybody other than copyright lawyers would have a firm grasp of copyright law.
That people do not know about copyright law by no means is the driving factor for unauthorized copyright usage -- let's dispense with the childish, loaded word "piracy." We're talking about people who are using software, not hijacking, raping and murdering it. The Moores and Esichaikul (2010) highlights a couple of things that are worth considering in this discussion. First, they note that people like to share software, and that this sharing is a far more common occurrence than, say, people who would violate most other…… [Read More]
That is because where customers copy art from CDs and DVDs, in most cases, at least the original copy is purchased legitimately. However, in the vast majority of cases of illegal file sharing online, hundreds and sometimes many thousands of copies are transferred from each original. Even worse, in most cases, even the original file is an illegitimate copy, meaning that the artist who provided the work to all those consumers never benefits from even a single sale.
Whereas both types of copyright infringement are equally wrong from a moral principle, the online file sharing version is capable of completely destroying the entire music and movie industries by making it impossible to generate a profit or even to recoup the expenses of works produced by artists at…… [Read More]
Article 60 of the atent Law and Article 25 of the Anti-Unfair Competition Law holds not specific provision however, Article 118 of the General rinciples of Civil Law provides that the plaintiff possess right to have ill effects of infringement eliminated. This is also including disclosure of third-party infringers.
48: Indemnification of the defendant in relation to the Courts holding of the power to order that damages be paid by the plaintiff to the defendant if enforcement complaint procedures are abused under Article 98 Civil rocedure Law which required compensation be paid if interim preservation is obtained and the laintiff loses the suit
China is complaint under art III Section 3: rovisional Measures, art III Section 3: Special Requirements Related to Border Measures, art III Section 5: Criminal rocedures, and art IV: Acquisition and Maintenance of Intellectual roperty Rights and Related Interparties rocedures. China is "essentially complaint and "not complaint"…… [Read More]
person steals the property or possession of another, the action is considered both a criminal and moral offense that if caught, the corresponding penalties are meted out. The matter is easily provable because what was taken is a tangible entity that provides solid proof of the usurpation. The issue becomes contentious when what has been stolen is intangible especially if these are original ideas, thoughts, designs and concepts. This then comes under the purview of plagiarism, a well-known offense not only in the academic circles but in the milieus dealing with intellectual property rights and copyright. Plagiarism should be differentiated from copyright though wherein "copyright is an area of civil and criminal law that prevents a series of uses of a qualifying creative work [while] plagiarism is a primarily ethical issue that centers around the dishonesty of claiming another's work as your own (ailey, 2011)." Nonetheless, plagiarism at its plainest…… [Read More]
Microsoft in India and China
Microsoft: Strategy in India and China
Microsoft's Strategy in China
Although the Chinese Trademark Law is now largely in conformity with the TRIPs Agreement, the benefits of protection may not be realized for some time. At ground level there is a general culture of acceptance of counterfeit goods, partly because it makes previously unobtainable foreign goods affordable and partly because there is a lack of interest in enforcing IP rights that are largely owned by foreign companies. In this environment, counterfeiting will always seem attractive as it allows those involved to access an already existing market with low entry costs. In the meantime, however, foreign entities could take an active role in furthering the protection of their rights.
Licensing of IP rights to Chinese nationals and establishing joint ventures would be advantageous. The foreign party would have the benefit of local assistance in navigating legal…… [Read More]
" He believed the umbrella was his own and had no intent to deprive anyone else of property.
4. A reward poster for a lost dog is a unilateral contract. "I will pay you $1,000 for the return of my dog Zorro, in healthy and alive condition." The offer is the $1,000. The acceptance is the return of the dog, and a unilateral contract is only accepted by performance. A bilateral contract is a contract that is fulfilled by promises. The offer would be, "I will pay you $1,000 to purchase a puppy from your dog Zorro's litter." The acceptance is made with a promise to sell me that puppy. Now both parties are mutually obligated; I am obligated to pay the money for the puppy, while the seller is obligated to tender the puppy.
5. Tom and John enter into the following contract when John's daughter is born.
John…… [Read More]
A successful trade dress infringement lawsuit requires that a company have a distinctive trade dress and that the similarity between the trade dress was likely to confuse consumers. Even though AE's catalogue may have been very similar to A&F's, both companies used their trademark and symbols throughout their catalogues, which sold different types of clothing in totally different manners (A&F used sexuality to market its clothing, while AE used the image of family). The difference in clothing type, marketing angle, and the liberal use of marks and symbols meant that there was no risk of consumer confusion; therefore A&F was not entitled to protection under the Lanham Act.
2. The New York Times discovered that 24 employees were sending inappropriate and offensive e-mails, which violated its corporate policy. The issues facing the Times where whether the employees had a right of privacy in their emails and whether the…… [Read More]
These protocols allow client/server applications to communicate in a way designed to prevent eavesdropping, tampering and message forgery. IPsec is a standard that provides security at the network layer by encrypting and/or authenticating IP packets.
Watermarking, Fingerprinting and Access control are other important DRM techniques. Watermarking is the process of embedding information into a data source in such a way its existence is hidden. It essentially serves as a copyright stamp. Another method to protect digital media is to fingerprint each copy with the purchaser's information. Thus, if the purchaser makes illegitimate copies, they will contain his or her name. Access control attempts to find ways for limiting the access to copyrighted material and/or inhibiting the copy process itself. Examples of copy protection include encrypted digital TV broadcast, access controls to copyrighted software through the use of license servers and technical copy protection mechanisms on the media.
Arsenova, E.…… [Read More]
As a result, what could be a solid expose on how cultural art forms have been misappropriated becomes a spurious, although interesting piece. Intellectual property and the laws surrounding it are indeed direct products of the Western European culture in which we live. Therefore, it is only natural that the laws of such a society would reflect its cultural ideals. Moreover, Coombo fails to account for how it would be possible to protect collective cultural expressions, many of which are universal symbols such as those from nature. Coombo also fails to offer any clear examples of how artistic forms have been misappropriated from the "ritual contexts" she refers to. The Crazy Horse example is a clear-cut and understandable example to support Coombo's argument, and the article would be strengthened had the author offered more. The article can serve as a good springboard for sociological research studies and investigations into means…… [Read More]
Protection of Intellectual Property
Intellectual property is any form of an idea that originates from a person or company and used to create innovative products, or services. Theft of these ideas by foreign entities to produce similar knock off goods has had a negative effect to both the owners of the idea and economy as a whole.
The United States Department of Justice and the Federal Bureau of Investigations (FBI) have taken a number of steps to fight against intellectual property theft. According to their websites, they both run complex investigations on cases that arise from theft of intellectual property. Since intellectual property includes copyright, patents, proprietary products, trade secrets and internet protocols, the two offices have contingencies that are there to resolve unique legal and investigative issues being raised by telecommunication technology. They also, according to their websites have the mandate to pursue local and international cases that relate…… [Read More]
The Paris convention is one of the Intellectual Property Treaties administered by World International Property Organization (WIPO). It was first signed in Paris in 1883 by 11 countries to provide international harmonizing and streamlining of intellectual property laws. It has been revised many times and its current language includes patents, trademarks and industrial designs. Major fundamental principles of the treaty include (World International Property Organization, 2013);
Anti-discrimination policy: each member country is obliged to give other member country nationals, the same protection and advantages it gives to its nationals.
Framework of priority: an invention can be protected from the same point, in time in various countries. The patent applicants are granted the date of their first filling; as the active application date for the patent applications in all member countries, for up to 12 months after filling the original application.
Berne Convention; it is also referred to as…… [Read More]
Many consumer electronics products including DVD players, TVs and PCs are produced with this strategy in mind. Imitators is the third follower strategy, and Chrysler, in designing the 300M grill work to resemble the Bentley automobile front grill is an example of this strategy. The final follower strategy is that of being an Adapter. Many of the Japanese auto manufacturers excel at this strategy, including Toyota and Hondo, who have through adaptation of car designs and more efficiency of production, have overtaken the American cars they were initially adapting from. This is particularly true with the Toyota Camry overtaking all mid-size sedans globally in sales, with over 40,000 sold per week in the United States alone. Of all follower strategies, the adapter one retains the greatest profitability over time.
Kotler (2005). Marketing Management. 12th Edition. Philip Kotler. Prentice Hall Publishing. Saddle iver, NJ.…… [Read More]
On the other hand, the smaller the alterations to the media, the easier the removal of those alterations becomes (Evgueni and Mendoza, 3).
There are many types of watermarking principles in use. The basic spread principle involves repetition of the watermark information, multiplication of the watermark information over a broad, random area, and the addition of the watermark to the signal of the original multimedia (Hartung, 82). Additional watermarking techniques involve the embedding of the watermark in precise patterns, specific places, such as the I-frame of a video sequence, and embedding in uncompressed media (Evgueni and Mendoza, 3).
Bloom, Jeffrey a., Cox, Ingemar, J. alker, Ton, Linnartz, Jean-Paul M., Linnartz, G., Miller, Matthew L., and Traw, Brendan S. "Copy Protection for DVD Video." Proceedings of the IEEE 87(7): July 1999, 1267-1276.
Evgueni, Lino, and Mendoza, Coria. Digital Video Watermarking. British Columbia: The University of British Columbia, 2004.
Hartung, Frank,…… [Read More]
Borders of New Europe and the U.S. - Mexico border
A line that is drawn in various ways, a border acts as a mark where adjacent jurisdictions meet. A combination of conjunction and the separation of the national laws and customs lead to the creation of an area where there is regulation, examination, discussion and hiding of the movement of people and goods .The Mexico-United States border is an international border that runs from mperial Beach, California and Tijuana. This border that separates Mexico and the United States from each other has traversed a wide variety of terrain that ranges from urban areas as well as inhospitable deserts. The external borders of New Europe are borders that define the separation of countries that are making it into the European community most especially the EU. There are various similarities and difference between the external borders of the new Europe and the…… [Read More]
Yet, it is difficult to quantify the true value of intellectual property. In theory, the value of intellectual property derives from the degree to which the firm can convert that property into wealth. In some cases -- pharmaceutical patents, for example -- this can be relatively easy to calculate. In other cases -- the good vibes consumers get from seeing the Geico gecko -- quantification becomes more challenging. Yet that gecko character does have value for the insurance company, and if the character was licensed to another firm there would be a high cost attached. Kossovsky (2002) proposed a valuation method for IP loosely based on the Black-Scholes model of option pricing, and the FASB has also issued guidelines with respect to IP valuation. Yet in practice, valuing IP remains one of accounting's dark arts.
Prior to the mid-1990s, there was little consideration for the value of intellectual property. Firms…… [Read More]
Here, it is stated that "each Member shall accord to the nationals
of other Members treatment no less favourable than that it accords to its
own nationals with regard to the protection of intellectual property."
(Gervais, 3) This is to indicate that membership in this agreement burdens
each member nation with the responsibility of granting and protecting
patents with the same level of strictness as would be afforded domestic
innovators. Domestic nations, under the conditions of this article, are
restricted from tilting competition to the advantage of patent-seekers
derived from the nation in question, instead being required to exact the
same level of legal protection to foreign patents as to domestic ones.
hen this concerns the entrance of a corporation from the
industrialized sphere into a smaller, less matured and generally still
developing nation and economy, there is little question that the outcome of
this even playing field will be…… [Read More]