Use of Generalist Fair Use Defence in Australian Copyright Law
1. Use of Generalist Fair Use Defence in Australian...
The objective of the Copyright Act 1968 (Cth) is to protect those who create works, such as artistic
works or literary works, as well as those other subject matter, such as films or sounds recordings,
from those who would serve to exploit or profit from their labor, skill and creativity. But, what about
those who use these protected works and other subject matter for interests different to the above?
Such as for educational purposes or for broadcasting? Under the act, there are listed many defences
to protect an individual or a corporation from infringement of copyright, or in other words, directly
or indirectly, infringing those exclusive rights that the copyright owner possess, also listed under the
act . These defences ... Show more content on Helpwriting.net ...
Recent conventions have added such works as architectural works, cinematographic films and
photographs. Other international conventions include General Agreement on Trade and Tariffs
(GATT), first signed in 1947, and Agreement on Trade Related Aspects of Intellectual Property
(TRIPS), signed in 1995, which covers trade–related areas of copyright. In the UK, the Copyright
Act 1911 (UK), which was an amalgamation of copyright at common law and the Statute of Anne, is
also a major influence on Australian copyright law – was adopted into Australia by virtue of the
Copyright Act 1912 (Cth). This UK piece of legislation also recognized the importance of legislating
in this area. In the United States, this area is legislated by the Copyright Act 1976 (USA). This piece
of legislation will be discussed below when dealing with fair use defences. It is clear, that on an
international scale, the importance of protecting intellectual property is paramount. Works of an
individual's skill, independent thought and labour needs to be protected, to prevent exploitation, rip–
offs, and encourage future individuals to create new works or other subject matter other than works.
The Copyright Act 1968 (Cth), as stated above, was introduced in response to the growing need to
protect individual's creative works or other subject matter from commercial or other exploitation. It
contains provisions, which describes what subject matter is protected, and rights of
... Get more on HelpWriting.net ...
2.
3.
4.
5. The Digital Millennium Copyright Act
Failure to Protect and Abuses of the Section 1201 of the Digital Millennium Copyright Act Most
laws are passed by the congress with intent to either limit the government 's power or to benefit the
country and it 's people. This was the thought behind the ill fated and commonly criticized The
DMCA (Digital Millennium Copyright Act). Its purpose, similar to its predecessor, the Copyright
Act itself, was to protect the copyright owners from the big scary pirates, thus protecting their
profits and live–hood. It largely succeeds without attracting a lot of opposition with the exception of
Section 1201. The reasoning behind Section 1201 was to stop the pirates ' ability to circumvent the
copy protection measures used by content produces and ... Show more content on Helpwriting.net ...
There are a few exceptions written into the law, but in practice, they do very little to protect
consumers and only serve to benefit the copyright holders while simultaneously eliminating
competition and fair use. The main argument in support of this section, is that it prevents the pirates
from copying or obtaining tools to copy the copyrighted works. Instead, it 's a different story all
together. In close to 20 years in existence, this law clearly failed to stop the pirates as TV shows,
movies, music and other content keep showing up online without the copyright holders consent. In
other words, if these provisions worked as intended, we would not see any pirated movies online or
hear about stolen music download. Despite all of this, Interstellar was the most pirated movie in
2015 according to Variety. This clearly shows that Section 1201 failed miserably at it 's intended
goal as pirates continue to break the protection without worrying about the Section 1201. Even
without this section, they would still be breaking the law and thus be liable for the penalties as the
Copyright Law itself which already protects the works. There is also another side of this provision, a
side where everyone else is paying the price of protecting the copyright holders. Supporters state
that the law provides sufficient exemptions for scholars and researches when working on encryption
and DRM. However, there are numerous examples of the abuse of Section 1201. One of the
... Get more on HelpWriting.net ...
6.
7.
8.
9. Copyright Law
Copyright and Copywrong
This essay will first examine how copyright law has attempted to be strengthened in New Zealand,
and whether that has succeeded in preventing piracy. Next, how New Zealand's current copyright
law stifles creativity will be examined, with comparison to the United States jurisdiction. Lastly, the
benefits of reform regarding 'fair use' will be discussed. Due to word constraints, examples of
creativity will be limited to parody within Pop Art.
Recent copyright reforms in New Zealand suggest a shift towards strengthening copyright
protection, favoured by copyright holders. For example, a 'three strikes' regime acts against internet
account holders who either upload or download copyrighted content. Prosecution has ... Show more
content on Helpwriting.net ...
However, as technologies that foster copying have developed, as have Art movements that rely on
parody. The prime example is Pop Art which recontextualises existing works and items to comment
on society. This plays a key role in the digital age by allowing creative expression through 'original'
work. For example, pop artist Jeff Koons appropriated Silk Sandals, a magazine photograph of
shoes, in his painting Niagara, depicting numerous consumer goods. When sued for copyright
infringement, the Court accepted 'fair use' under its Copyright Act 1976, that Niagara was a criticism
of consumerist desires and the bombardment of advertising. This was considered a 'transformative'
use of the original photograph to create new creative objectives and insights. Interestingly, this
suggests that copyright is protecting the idea of the work, as well as expression.
If the same case occurred in New Zealand, copyright would be infringed as Niagara reproduces Silk
Sandals substantially. Arguably, fair dealing for criticism might apply. Yet, this is untenable as an
incredibly high threshold of criticism would need to be shown. Thus, New Zealand's copyright law
regarding use is restricted for failure to align with technological changes. Society values remixed
innovation in parodies such as Pop Art. The law must be able to recognise this. New Zealand may
favour a fair dealing for parody exception as an expansion of our criticism exception. This is
supported by a
... Get more on HelpWriting.net ...
10.
11.
12.
13. Copyright Laws And How They Have Affected Society. Copyright
Copyright Laws and How They Have Affected Society
Copyright laws have been in place for over two hundred years. They are meant to protect from the
unauthorized and unlawful use of ideas and media under law, and protect the artist's integrity. The
types of media protected ranges from books to movies, from TV to picture art. In it's own way,
copyright laws have affected society and how media is distributed across the world.
Copyright Laws
The current copyright laws we use have been in place since 1976, when the Copyright act was put in
place. (Copyright law, 2017) This act was meant to reform the copyright laws into a easier to
understand format, and a easier use by people. The laws protect ideas and media from unauthorized
and unlawful ... Show more content on Helpwriting.net ...
After it is registered, your copyright claim is valid for seventy years after you die, unless your work
was created by a company or corporation, to which it remains after ninety years. (Ravgiala, 2017)
Copyright of Movies, Films and Television
All audiovisual works are protected under section 101 of the US copyright code. This prevents the
copying, distribution of, or plagiarism of copyrighted visual works. Most of these infringements
occurs when someone sneaks some kind of recording device into a theater and records it there. Then
they either put it up on the internet for free, or sell it for a cheaper price than you would get a ticket
at the movies. Movies are, however, protected under the fair use law. Section 107 allows audiovisual
works to be used in a non–commercial environment, such as a educational institution. For instance,
if a teacher wants to show a movie about volcanos to his class, he can, as long as the movie was
lawfully obtained by the teacher or the school administration. (Cameron, 2017) These rules all
relatively apply to television as well. The thieves record the airing of a show, and then post it
somewhere on the internet. The thieves have also been known to transcribe the script of a show as it
airs, and then post this 'script' on the internet. Most of these are intentional infringement and can
cost you a lot of money in the future for stealing any monetary gain from
... Get more on HelpWriting.net ...
14.
15.
16.
17. The Digitial Millenium Copyright Act Essay
The Digitial Millenium Copyright Act As current lawsuits unfold and the history of the Internet
progresses, the debate over the future of the Digital Millennium Copyright Act thrives. The Digital
Millennium Copyright Act, signed into law by President Clinton on October 28, 1998, was written
in an attempt to strike a balance between the rights of a work's creator to receive adequate
compensation and society's fundamental right to freedom of information. The bottom line is that the
objective of the Digital Millennium Copyright Act is to prohibit all Internet users from accessing
copyrighted materials on the Internet. The most renowned case where this is currently happening is
A&M Records, Inc v. Napster Inc (Downing 2). The reason the ... Show more content on
Helpwriting.net ...
The current court case and ensuing media battle are accomplishing little in the way of creating real
long–term solutions to online piracy (Frankel 1). The only way to get to the core of the issue and
really understand the Digital Millennium Copyright Act is to get a little bit of a background on
copyright itself.
Almost three hundred years ago, England was the first country to formally establish the first
copyright laws in what they called, the Statute of Anne. The rationale behind establishing the
world's first copyright laws was supposedly to protect the rights of the consumer. The Statute of
Anne was created with the title of "an act for the encouragement of learning," although works, such
as books, were not considered valuable pieces of art that should be protected. Instead, they were
considered valuable commodities to profit from. When the United States Constitution was first
being written in 1787, our founding fathers recognized that everyone would benefit if creative
people were encouraged to create new intellectual and artistic works. The framers of the
Constitution admired the Statute of Anne and took care to include a copyright clause (Article 1
Section 8) giving congress the power to "promote the progress of science and useful arts" by passing
laws that give creative artists (labeled "authors" in the constitution) the exclusive
... Get more on HelpWriting.net ...
18.
19.
20.
21. United States Copyright Law
United States copyright law recognizes that certain portions of software are protected by copyright
law. Like other items protected by copyright law, copyright protection attaches to software as soon
as it is "fixed in a tangible medium"––for instance, when written to a disk.Copyright law requires a
work to be presented in a "fixed, tangible medium." When computer software first appeared, courts
saw it as intangible and labeled it a "utilitarian good" that arose from the running of source code on
a machine. In 1980, Congress added computer software to the list of works protected by copyright
under the U.S. Copyright Act. Congress clarified the rules surrounding software copyright in the
1998 Digital Millennium Copyright Act, which prohibits ... Show more content on Helpwriting.net
...
A patent is a twenty year exclusive monopoly on the right to make, use and sell a qualifying
invention. This legal monopoly is considered a reward for the time and effort expended in creating
the invention. In return, the invention must be described in detail to the Patent Office, which
publishes the information, thus increasing the amount of technological knowledge available to the
public. To obtain a U.S. patent, an inventor must apply to the Patent Office and demonstrate that the
invention is new (as compared to prior technology), useful, and "nonobvious." An invention is
nonobvious if it is more than a trivial, obvious next step in the advance of the technology. Software
patents can be extremely powerful economic tools. They can protect features of a program that
cannot be protected under copyright or trade secret law. For example, patents can be obtained for
ideas, systems, methods, algorithms, and functions embodied in a software product: editing
functions, user–interface features, compiling techniques, operating system techniques, program
algorithms, menu arrangements, display presentations or arrangements, and program language
translation methods. Since patent rights are exclusive, anyone making, using or selling the
... Get more on HelpWriting.net ...
22.
23.
24.
25. Intellectual Property And The Copyright Act Of 1976
Intellectual property represents ideas created by minds of humans that require certain rights for their
use. Intellectual property gives companies a competitive advantage and attracts the attention of other
business partners and investors (Lee, 2016). With such importance, it is necessary for the law to
protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets,
patents, and copyrights are used to protect the ownership of intellectual property (Legal Information
Institute).
A copyright gives the originator of literary, artistic, or music works the right to perform, publish,
record, or print them. This can include sound recordings, paintings, photographs, films, melodies,
television, radio broadcasts, cable programs, performances, and even codes to computer programs
(Legal Information Institute). Since copyrights cover several different types of materials, the
duration varies depending on what work is being protected. According to the Copyright Act of 1976,
musical, artistic, and literary works created after January 1, 1978 have copyrights that last 70 years
after the author has passed away, 95 years after publication, or 120 years from creation, whichever
expires first (United States Copyright Office, 2011). However, the published editions of these works
have copyrights that last 25 years after being first published. Broadcast and cable programs, on the
other hand, have a copyright duration of 50 years after being created
... Get more on HelpWriting.net ...
33. The Intellectual Property Rights Of The North American...
Introduction to the Intellectual Property Rights
In a general term, intellectual property is any person's human intellect, which is often protected by
law, in order to safeguard its use from another person. The possession of such kind of property
generates limited monopoly in the safeguarded property. Intellectual property can be subdivided into
copyrights, patents, trademark and trade secrets (Intellectual Property Rights, 2014).
The law protects the Intellectual Property so that the people who created and invented the property
can get appreciation and even in some cases monetary benefits from what they created. Every
country has different laws regarding the protection of intellectual property. There are even some
treaties between ... Show more content on Helpwriting.net ...
Still there is some difference between the Intellectual property law and the tangible property. Where
the right of exclusive possession is sole of the rights safeguarding the real and at the core of the
bundle of rights protecting real and personal property, things are different in the intellectual property
( Intellectual Property Rights, 2014). In the USA, the Congress gets the control to monitor patents
and copyright from the "INTELLECTUAL PROPERTY clause" of the Constitution. The Article I,
Section 8 of the constitution says about it. The U.S. office of Patent and Trademark is authorized to
regulate federally registered patents and trademarks. Even though the patents are only regulated
through federal law, trademarks can also be governed through State law. Copyrights are particularly
controlled through federal law and have to be recorded through the U.S. Copyright Office
(Intellectual Property Rights, 2014).
United States Copyright law is regulated by the federal Copyright Act of 1976. The exclusive rights
can be seen in appendix A. The innovation recorded Works before 1978 currently has a copyright
duration of 95 years, seen from the date of publication. Further the duration can be seen in the figure
below with all the copyright acts from the year. (Copyright Law, 2014) The goveremnt of USA has
allotted the power to different sub sections like
USPTO, under the
... Get more on HelpWriting.net ...
34.
35.
36.
37. Piracy Of The Uk And Us
Piracy in the UK & US
6. Write about on–line piracy in the UK and the US; what type of property is stolen through on–line
piracy and how do courts in the UK and US deal with offences involving on–line piracy?
The relevant definition of piracy: The unauthorized use of another 's production, invention, or
conception especially in infringement of a copyright. (Merriam–Webster, 2015).
But not all infringement of copyright is a criminal offense, the Copyright act states a few specific
offences, most of them to do with if the culprit is making a profit or not, but it is a misconception
that all copying without consent is illegal, 16(3) (a) in the act states 'to infringe copyright, copying
must be of the whole or a substantial part of the work' ... Show more content on Helpwriting.net ...
This led to the UK 'decriminalizing' on–line piracy and instead they implemented an alert system
where letters will be sent to anyone suspected of piracy, the letters are non–threatening with no
presence of repercussions should they continue. 'The letters sent to suspected infringers must be
"educational" in tone, "promoting an increase in awareness" of legal downloading services.' 'A
maximum of four alerts – by either email or physical letter – can be sent to an individual customer
account. Language will "escalate in severity" – but will not contain threats or talk of consequences
for the accused users.' (Lee, 2014), after these 4 alert nothing else will be done.
This statement from the government makes it seem like they have given up on on–line piracy, or
they lack the sufficient resources to do anything substantial, their main target is the providers of this
illegal service, the distributors and website owners of this easily obtainable free media & software.
The makers and distributors of this on–line pirated material if found guilty can be charged as
follows:
Upon conviction the guilty party will receive a 6 months and/or a £50,000 fine.
If their case is gross and multiple offensives have been made repeatedly then the indictment is 10
years and/or a fine (Intellectual property offences, 2014).
The US have opted to go for a 6 strike
... Get more on HelpWriting.net ...
38.
39.
40.
41. File Sharing : Copyright For Information Professionals
Kristen Hanmer
IST735: Copyright for Information Professionals
Professor Jill Hurst–Wahl
Assignment 3
9 November 2014
File sharing is a widely–used process that allows users to download and upload different types of
files and share them with other users either over the internet or on a specific network. Almost as
soon as file sharing was introduced and gained popularity with the public it began to raise questions
regarding copyright infringement, and the first major lawsuit to deal with file sharing quickly
followed. Although that case was decided almost 15 years ago, file sharing continues to remain
popular and also continues to raise questions about copyright and intellectual property.
In 1999 a 19–year–old college student co–founded a ... Show more content on Helpwriting.net ...
For example, regarding music, copyright law allows a consumer to listen to a CD and even lend the
original material to a friend. The matter of copyright infringement begins to come into play if the
user decides to make a copy of the item or give a copy to a friend without permission, which is
exactly what file sharing does. At the time file sharing was relatively new and many users were not
familiar with how copyright was involved. Most people assumed since they paid for and owned
physical copies of CDs they should also be allowed to copy that CD into their computer's memory
and share the electronic copy.
The amount of file sharing that was taking place soon caught the attention of musicians and record
companies who were afraid widespread distribution of the material would lead to huge monetary
losses for the recording industry. Some artists were even experiencing "leaked material," or material
being uploaded and shared with others before it was even released publicly. The popular heavy
metal band Metallica discovered one of their singles was circulating widely on Napster before being
officially released, and even ended up playing on some radio stations. This caught the attention of
the band and they soon realized their entire music catalogue was available for free on Napster and
decided to file a lawsuit (Doan). Hip hop artist Dr. Dre also filed a lawsuit against
... Get more on HelpWriting.net ...
42.
43.
44.
45. Essay about The Digital Millennium Copyright Act
The Digital Millennium Copyright Act
Signed into law by President Clinton on October 28, 1998, the Digital Millennium Copyright Act
(DMCA) "was the foundation of an effort by Congress to implement United States treaty obligations
and to move the nation's copyright law into the digital age." ("Executive Summary DMCA Report")
While this seems a valid description of the law, perhaps a more accurate interpretation lies in the
following statement: "The DMCA is a piece of legislation rushed through Congress by the
entertainment industry lobbyists to protect its monopoly on commercially–developed digital content,
cartels, price–fixing, and to maintain its status quo as the single entity that can direct what should be
'popular' or 'used' by ... Show more content on Helpwriting.net ...
For example, the DMCA is often used by copyright holders "to successfully fight Napster–like
services and protect their anticopying technology". (Thibodeau 41) While it may seem logical that
copyright holders want to protect their technology and interests, the truth is that the law "impinges
on the right of consumers to copy content." (Thibodeau 41) Obviously there is a conflict of interests
at issue and a consensus is needed to protect both consumers as well as copyright holders. However,
violating the founding principles of the nation, and citizen's rights to freedom of speech is not the
answer.
Further, in court rulings related to the DMCA, "the courts have imposed liability and enjoined
conduct for what in other contexts would be considered fair use or freedom of the press. In addition,
the DMCA has been used to stifle academic research, and to arrest and indict a Russian programmer
who had come to the United States to present a paper at a conference. These cases and actions raise
questions as to whether Congress has changed the established rules, rather than just modernizing
them, for the digital era." (Ottaviani C1) This conduct demonstrates the great abuse of the DMCA in
relation to the First Amendment; freedom of speech is the most important freedom granted to United
States citizens and it must be protected.
"Before the DMCA was enacted, manufacturers of devices that permitted one to copy works
generally considered themselves protected by the fair use
... Get more on HelpWriting.net ...
46.
47.
48.
49. Canadian Copyright Law
There are various comparable qualities among Canadian and American copyright, for instance, the
general walks in the application strategy. Regardless, every so often Canadian lawyer and clients
make wrong assumptions about US copyright laws that can essentially influence a copyright case.
Besides, some US lawyers and clients erroneously acknowledge more resemblance between
Canadian laws and US than truly exists. The Canadian copyright law is important in today's day in
age because it helps ensure the author gets the credits necessary for their work and protects their
work. This will be shown through the following points in the article below. The Canadian copyright
law has a stronger copyright law because Canadian law has a protection by the federal government;
the rights held by the author, the individual remains the author and fair use and fair dealing.
To begin, copyright is the privilege of an author of a work to keep others from utilizing his or her
work without consent. An author of a work has the selectors right to state yes or no to the different
... Show more content on Helpwriting.net ...
Canada and U.S. are both considered similar in many ways, but when looked at closely one can find
out the differences that both countries hold. While they both may have differences they still do have
some similarities as was discussed in the paragraph above. These distinctions are critical as a result
of their effect on the accessible extent of insurance. As we keep on navigating through the digital
age, copyright law turns out to be progressively imperative, universal in degree, and shockingly
quickly out–dated. Organizations in a copyright overwhelming industry, for example, distributing,
programming, plan, promoting, and workmanship ought to keep on staying educated about changes
in copyright law locally and
... Get more on HelpWriting.net ...
50.
51.
52.
53. Copyright and Pusblishing in the UK
There are no specific laws in the UK governing publishing, there is no censorship, and so we have
what's called a free press, there is no government censorship. However there are some laws that are
particularly relevant, of course they comprise principles of ethics and of good practice as applicable
to the specific challenges faced by journalists and publishers. For example, phone hacking scandals
such as the one recently publicised, which involved The News of the World phone hacking scandal.
Although phone hacking isn't illegal, it does become so if it interferes with another law for example,
interfering with the course of justice.
A copyright are exclusive rights given to the creator of an original product so that they have rights to
copy, distribute and adapt their own work. However these rights only last for a certain number of
years. Currently the rights only last for 70 years but other creators are trying to extend this. A prime
example is Shakespeare; his work is now currently in the public domain after his copyright law
expired, other companies, for example, clothes shops, now use his quotes on t–shirts.However if the
product hasn't expired and is used by other companies without authorization this is called copyright
infringement. The Copyright, Designs and Patents Act came into force after July 31st. It protects any
work such as musical or artistic, dramatic, sound recording, film, broadcast or typographical
arrangement.
Defamation is the communication of a
... Get more on HelpWriting.net ...
54.
55.
56.
57. Impact Of The Digital Millennium Copyright Act On...
Impact of the Digital Millennium Copyright Act on Copyright Enforcement and Fair Use
Jean–Paul Muyshondt
University of North Carolina Wilmington
Abstract
The Digital Millennium Copyright Act of 1998 has changed the focus of copyright enforcement
away from the act of copyright infringement and toward the act of circumvention of the
technologies used to protect the rights of digital media owners. Additionally, the act has had adverse
effects that outweigh the benefits that it provides.
Key Words: copyright, DMCA, DRM, ethics, fair use, legal/societal impact.
1. Introduction
Prior to the 1990s, United States copyright legislation, like the media that it protected, had remained
relatively unchanged. The advancement of digital technologies, specifically the advent of the
Internet and the increasing ability to easily exchange digital media, prompted a change in copyright
law. This change came in the form of the Digital Millennium Copyright Act (DMCA). The act
extends the protections given to copyright holders. In order to provide this additional protection, the
DMCA also has adverse effects. This paper will explore copyright law in the United States and
discuss the positive and negative effects of the DMCA, as well as some of the ethical implications
associated with it.
2. Background
2.1. Copyright law prior to 1998 and the need for change
Copyright laws in the United States can trace their roots to the Constitution, where Congress was
granted the power "To
... Get more on HelpWriting.net ...
58.
59.
60.
61. Violation Of Copyright And The Motion Picture Industry
In Violation of the Copyright Issues in the Motion Picture Industry
Nanami Maruyama
I. Introduction
Motion picture industry is big business in the United States and global entertainment market.
According to Statista research, it is predictable that the film entertainment business will create 35.3
billion U.S. dollars in revenue by 2019. Among studios, Buena Vista accomplished the most in 2016
it held the biggest piece of pie, around 26 percent, and produced the highest box office revenue,
more than 3 billion U.S. dollars. Warner Bros. represented closely 17 percent of the entire box office
revenue in North America, and 20th Century Fox held around 13 percent of the whole market share.
Conversely, there are some issues in the motion ... Show more content on Helpwriting.net ...
Be that as it may, truly, the dropping of this suit as a result of this dismissal motion is not an
appropriate response to Star Trek fans. But on the other hand, there are the insanely strict rules Star
Trek fans must follow if they want to make a fan film. There are many rules, and after this lawsuit,
these rules increased in number and became more and more strict.
III. Copyright Law and Trials in Japanese Motion Picture Industry
Associates of anime 's frequently obsessive international fan base often translate and to put subtitle
Japanese releases, uploading pirated versions for free online media, cutting into DVD sales and
prospective revenue from box office releases. The film productions have replied by bringing
forward overseas release dates for all capacity screens.
Now, so many Japanese films are illegally uploaded on the Internet and a lot of piracy DVDs are
available. For instance, Toho Co., Ltd. which is the Japanese motion picture production and
distribution company released "Your Name (Kimi no Na wa)" in Japan on August 26, 2016. The
worldwide total lifetime grosses of the film are more than 35 U.S. dollars on May 7. And now the
movie is the highest
... Get more on HelpWriting.net ...
62.
63.
64.
65. Copyright Laws Of The United States
A copyright is a form of protection provided by the laws of the United States to authors of original
works of authorship. "Copyright law in the United States is based on the Copyright Act of 1976, a
federal statute that went into effect on January 1, 1978," according to FindLaw. FindLaw also states
that, "Individual states cannot enact their own laws to protect the same rights provided by the
Copyright Act. Original multimedia works are protected by Copyright." Literary, dramatic, musical,
artistic and certain other creative works are protected by Copyright Law. "Literary works include
novels, nonfiction prose, poetry, newspaper articles and newspapers, magazine articles and
magazines, computer software, software documentation and manuals, training manuals, catalogs,
brochures, ads (text), and compilations such as business directories. Musical works include songs,
advertising jingles, and instrumentals. Plays, operas, and skits are included under dramatic works.
Pantomimes and choreographic works include ballets, modern dance, jazz dance, and mine works.
Pictorial, graphic and sculptural works include maps, posters, photographs, paintings, drawings,
graphic art, display ads, cartoon strips and cartoon characters, stuffed animals, statues, and works of
fine art. Motion pictures and other audiovisual works include movies, documentaries, travelogues,
training films and videos, television shows, television ads and interactive multimedia works.
Included in sound recording are
... Get more on HelpWriting.net ...
66.
67.
68.
69. The Impact Of Internet And Social Media On Copyright Laws
What is the impact of the internet and social media on copyright laws?
What is the impact of the internet and social media on copyright laws?
Haley Leshko
CGS–1000
March 10, 2017
Mr. Newfield
WHAT IS THE IMPACT OF THE INTERNET AND SOCIAL MEDIA ON COPYRIGHT LAWS?
Introduction
Copyright laws were established to protect the original work of individuals since 1709. At present
only two acts are in effect today, the copyright Act of 1909 and 1976. (United States Copyright
Laws) These works protect the individuals work but not the idea. With the digital age copyright laws
are not adapt to protect these rights. With the vast amount of information that is available digital
copyright infringement takes place almost on an hourly ... Show more content on Helpwriting.net ...
Congress should however "specify users" digital rights by mapping out an expansive , affirmative
set of rights delineating the scope of public's rights to sample, reuse, build upon, and share the
digital works one legally acquires." (JD Lasica, Should Copyright Laws Change in Digital Age?)
Individuals who create an original work have a right to protect their work under copyright laws.
These laws protect the work from being reproduced in anyway shape or form. According to the
(Congress ion Budget Office, Copyright Issues in Digital Media) "The rights that copyright owners
can claim over creative work are not always well defined, however some areas of copyright law
remain unsettled." If a person intentional downloads copyrighted material with the sole intent to
profit that person should be prosecuted under the copyright law.
Copyright Laws as they pertain to Music Copyright laws as they pertain to the downloading of
music have a moral and ethical standard. When someone's creative work is taken without his or her
permission you are taking something of value from them. Copyright laws offer full protection of
sound recordings. According to the article (www. Riaa.com/resource learning) common examples of
copy right infringement are:
1. "Apps that allow you to 'strip" the auto from You Tube and keep in your collection."
2. "Making MP3 copy of a song and copying to internet."
3. "Joining a file sharing network"
4. "Paying a fee to join a file sharing network that
... Get more on HelpWriting.net ...
70.
71.
72.
73. United States Copyright Laws
In its beginning, the United States based its code of laws on the British Law (Moser & Slay, 2011,
16). Connecticut passed the first state copyright bill: an Act for the Encouragement of Literature and
Genius in 1783 (Moser & Slay, 2011, 16). By 1786, twelve out of the thirteen states had passed
copyright statutes. However, the fact that each state had its own copyright laws created
inconsistency and inconvenience for enforcement from one state to another. A federal copyright law
was necessary. On March 1783, the Continental Congress drafted the Constitutional Copyright
Clause, which gave to the federal government the power to pass copyright laws (Moser & Slay,
2011, 17). The clause stipulated that the goal of the United States was to promote ... Show more
content on Helpwriting.net ...
The gramophone began to replace the phonograph (Bargfrede, Mak & Feist, 2009, 4). In 1903,
Monarch Record Label brought the first release of pre–recorded music on discs records (Bargfrede,
Mak & Feist, 2009, 4). While fighting over patents for these new technologies, producers such as
the Columbia Phonograph Company and the Gramophone Company, gave little thought to the
ownership of a performance contained on these mediums (Cummings,
... Get more on HelpWriting.net ...
74.
75.
76.
77. Fighting Copyright Infringement, Itunes And Importance Of...
This Project has been submitted by
Mr. Adithya Ramchandran Iyer
ID No: 211020
On Copyright Law
Topic – 'Fighting Copyright infringement, iTunes and importance of a novel approach'
During the Winter Semester 2014/15
Introduction
This paper attempts to show how far digitalization of music, primarily ushered in by Apple inc's
iTunes Store has had tangible results and helped tackle copyright infringement and has been able to
deal with music piracy in the United States of America. It explores the viability of a similar
approach in the Indian context while arguing that the extant legal framework is both theoretically
and practically insufficient to tackle the problem. A concerted attempt by the market as well as the
legislature to understand and balance the interests of the copyright owners, intermediaries and
consumers is essential in deciding policy as well as pricing. Only such a balanced approach will
help win the war against infringement.
Background
After an incredibly successful 1990s, the onset of the 21st century brought with it the dotcom
revolution and it signaled a watershed for the way music was consumed and distributed. The
erstwhile unshakable music record companies were exposed to a new threat, online file sharing.
According to the International Federation of the Phonographic Industry (IFPI), album sales grew
from $24.1 billion in 1990 to $39.4 billion in 1996 and remained at a high level until 1999 after
which it saw a downturn.
The Digital
... Get more on HelpWriting.net ...
78.
79.
80.
81. The Ethical Issues Of Payola
Since its beginnings, the recording industry has suffered from behavior that ranges from the
unethical to worse – downright corrupt. Artists have had their music stolen, royalties shorted, and
have been lied to about the potential for riches and fame. In addition, record labels have tried to take
shortcuts to profitability through scams, fraud and even bribery. Two ethical issues continue to
persist within the industry. The first ethical issue is Payola, the practice of a compensating a media
outlet, such as a radio or TV station, for playing an artist's work by the artist's record label. The
second issue is illegal sampling, the practice of taking pieces of an artist's music, without proper
permission, in order to create a new song by another musician. We have seen both issues rear their
heads in the last 5 years and they may plague the industry in perpetuity. Describe Illegal Sampling
and how it relates to your industry or company. The rapid development and availability of
technology has impacted the recording industry's profitability and has even called into question the
industry's ethical practices. The proliferation of home personal computers and the subsequent
introduction of recording and production hardware and software peripherals made music easier and
cheaper to produce. The end of the 80's saw the birth of Hip–Hop and the emergence of one of the
most important tools in the production of the genre – the sampler. Initially used as a substitute for
bulky drums –
... Get more on HelpWriting.net ...
89. Issues of Digital Rights Management (DRM) in India
On purchasing an audio– book of George Orwell's classic, "1984" from iTunes, the author was faced
with a peculiar problem– the audio– book had a weird mb4 format, playable only on Apple products
and the conversion to mp3 was impossible because the file was well, encrypted. So, when section
65A of the Indian Copyright (Amendment) Act, 2012 was notified , a legal analysis seemed to be
pertinent– for this provision, introducing Digital Rights Management (DRM) in India, would indeed
have a palpable effect on almost all Indian consumers of digital media. Section 65A of the Indian
Copyright (Amendment) Act, 2012 provides legal protection to technological protection measures
(or 'TPM' e.g. digital locks, encryption), such that the circumvention of such TPM is prohibited,
while tools or devices aiding circumvention may be permitted for the purpose of fair use. Such use
of TPM for the purpose of access control is classified as DRM and can take many forms– limiting
number of installations and plays , limiting content to certain file types , limiting content to be
played on particular software etc. We first analyze this provision in comparison with similar US and
EU provisions and try to understand whether it is a favourable addition to Indian IP law, especially
in the context of its political– economic background. We then try and analyze the problems with the
provision, especially through the lens of an economic analysis as well as from a consumer point of
view. Since, DRM is
... Get more on HelpWriting.net ...
90.
91.
92.
93. The Legal Terms Of Piracy
the work they are utilizing given that they meet the definition of their given label and qualify as fair
use (Stim 396). For example, a parody must be ruled as humorous by definition, and fair use implies
that the content is meant to give a positive outlook on the original work rather than downgrade it. In
legal terms, piracy violates one of the seven given rights outlines within the Copyright Act.
The contracts between artists, authors, inventors, and their companies and publishers are violated in
numerous ways. The most common infringement occurs daily, as often people make copies of items
without previous knowledge of their illegal actions. These minute acts are difficult to prevent
though, especially with the ability to scan, ... Show more content on Helpwriting.net ...
Many laws and punishments have been written to prevent piracy and its consequences. In 1897,
Congress established a branch entitled The U.S. Copyright Office, which constructs and enforces
copyright law. The complexity of the penalty has grown along with the excessive abuse of pirated
content (Congress). Simply scribbling over a copyright notice in a book is a twenty–five thousand
dollar fine. If more than one act of intentional copyright infringement is committed within a six
month period, the culprit may be fined a sum worth a given ratio to the value of the stolen products
as well as a sentenced of one to five years in prison. given the severity of the situation, fines can
range from five hundred thousand to one million dollars (Stim, 315–319). The prison sentence can
also be extended to up to ten years.
When taken to court, cases of copyright infringement become extremely hazy. The victim must
prove not only that the material is a copy or semblance of their product. simple details can turn an
entire verdict. In 1980, Star Wars sued and defeated the upstart television show Battlestar Galactica
(Boekweg). Twenty First Century Fox was able to specify 34 similarities that, although not totally
unique to Star War, specifically reflected its plot line, design, love triangle, and characters. Part of
the winning statement was the fact that the name "Skyler" was undeniably similar to
... Get more on HelpWriting.net ...
94.
95.
96.
97. Protecting Yourself And Your Art : Social Media And The...
Michael A. Thomas
Dr. Wendy L. Chrisman
LIBA 1290: Writing & the Arts
18 February 2017
Statement of Intention Draft #1
Protect yourself & your art: Social Media and the fight for ownership In this time and age of fluid
copyright in open source platforms social media has created amazing groups of followers, and has
increased core exposure for creatives, but with the good comes the adverse: exploitation,
degradation and destruction of a creatives' work and concepts without consultation or concern.
"Copyright" is the exclusive legal right, given to an originator or an assignee to print, publish,
perform, film, or record literary, artistic, or musical material, and to authorize others to do the same
(Oxford English Dictionary). supports the ... Show more content on Helpwriting.net ...
Creatives expanding on other creator's artwork whether it is written, designed, scored, or painted
without attributing the origin of thought or concept. This can be explored by considering a multitude
of cases that have plagued the creative world over this past year to include: Patrick Cariou vs
Richard Prince in the United States District Courts of copyright infringement this was an extreme
case in which a whole gallery of art not only violated the fair use in my opinion but managed to
have a manipulation of the copyright, and in this case, but it wasn't the case as the litigation drove
forward. In this case, specifically it worked out for Prince this was not a good thing rather a
technicality that helped him to find a loophole. Copyright law states that if a work is
"transformative" altering the original with new expression, meaning, or message. (Dictionary.com)
then it falls under fair use and in the case of Cariou and Prince 25 out of the 30 pieces were found to
be in the guidelines of the fair use law and the final 5 were sent forward to a second court. Though
this case had a loose adaptation of what was fair use is there are other ones that didn't fare well for
the manipulation of the art and law that protects it. In the case of David Bowie and Queen vs.
Vanilla Ice there was a more blatant destruction and capitalization of another artist work by
misunderstanding of the music industry's law of plagiarism and copyright. In 1990 Vanilla Ice
... Get more on HelpWriting.net ...
98.
99.
100.
101. Software Piracy and Copyright Laws: United States vs Vietnam
Software Piracy and Copyright Laws: United States versus Vietnam
I. Introduction
"Software piracy is the unauthorized duplication, distribution or use of computer software". Five
main types of software piracy exist: publisher patent and copyright infringement, industrial piracy,
corporate piracy, reseller piracy, and home piracy. Software piracy is a large global issue, which has
become a more pressing issue due to a number of reasons: software is now easier to distribute on a
global scale due to global access to the internet; culturally, people have not been taught that copying
software is like stealing; a physical component does not need to be manufactured; and finally
individuals state that they cannot afford the high cost of ... Show more content on Helpwriting.net ...
It states that computer programs and databases are explicitly protected as literary works, and
therefore are protected by previous copyright laws.2 In 1998, the US expanded the protections given
to copyright holders greatly by implementing the Digital Millennium Copyright Act (DMCA). The
DMCA is divided into two major sections. First, it created laws against "circumvention devices"
used to get around copyright protection. Second, it protects ISPs from copyright liability as long as
they take down the offending information quickly after being notified.3
Some problems have been brought up with the DMCA, and some of its uses have been ethically
questionable. The DMCA does not allow people to publish the source code to circumvention
devices, and this could constitute violating their first amendment rights. Another issue is that ISPs
are very weary about hosting copyrighted material, and therefore take down any content that is
requested whether it really should be or not. This could violate the privacy of internet users. The
DMCA has managed to prevent free expression and research. For example, Professor Felten and his
students from Princeton were prohibited from giving a presentation on the insecurities of the digital
watermarks used in protecting digital music. Fair use has also been
... Get more on HelpWriting.net ...
102.
103.
104.
105. Internet Copyright Laws Essay
Internet Copyright Laws
A student comes home to his dorm at the University of Scranton after a rough day of classes. With
the quick internet connection provided on the school's network, the student makes a few clicks and
logs into Morpheus, a program that enables music fans to download free music. Within a few
minutes he is on his way to owning an unlimited amount of songs at no cost. Everything this student
is doing is legal, right? Wrong. The downloaded music from the internet is copyrighted material.
Today's internet is considered an "information superhighway," a device where anything from music,
books, programs and information can be shared worldwide. Since billions of people have the ability
to access the internet, ... Show more content on Helpwriting.net ...
The same is true for books, logos, and anything else that can carry a copyright.
An excerpt from Ann Okerson's article, "Who Owns Digital Works" (published in the magazine,
"Scientific American"), clearly explains what types of property are protected under the United States
copyright law:
"The most recent revision of the U.S. copyright law, made in 1978, is far more thorough than its
predecessors. It protects creative works in general, including literature, music, drama, pantomime,
choreography, pictorial, graphical and sculptural works, motion pictures and other audiovisual
creations, sound recordings and architecture. (Patents and trademarks are governed by their own
laws, as are trade secrets.) Copyright explicitly grants the owners of the expression of an idea the
right to prevent anyone from making co copies of it, preparing derivative works, distributing the
work, performing it or displaying it without permission"(Okerson paragraph 14).
The key is what type of works are protected by copyrights and the word
distribution. Many types of works that are protected by copyright can
... Get more on HelpWriting.net ...
106.
107.
108.
109. Digital Technology And Its Effects On The World
Since the 1990's the world has experienced vast improvements in technology and what seems as an
endless expansion of the Internet, and as a result, laws and legislation have had to evolve was well.
Technologists and policymakers exist in "two worlds, "two cultures" when it comes to viewing a
problem and developing a solution. Nevertheless, technologist and policymakers have been up
against some very complex issues such as how to control piracy of copyrighted digital media.
However, copyright owners have sought out legal means to protect their intellectual assets. In recent
years copyright laws have been in effect to strike a balance between protecting the rights of authors,
artist and copyright owners, and according to the U.S. Constitution, to "promote the Progress of
Science and useful Arts." Digital technology, unlike analog technology that preceded it, can make
large copies in real–time without the degradation in quality. However, as a response to these
capabilities of digital technology, policymakers had to create a system of digital rights management
(DRM) and other technical deterrents where digital content owners could exert control over media
usage. In response to these complex issues, the Digital Millennium Copyright Act (DMCA) of 1998
was passed. Digital Rights Management (DRM) is a systematic method of controlling access to
copyrighted material. The purpose of DRM is to prevent the unauthorized redistribution of
copyrighted digital content, in other words,
... Get more on HelpWriting.net ...
110.
111.
112.
113. The US Copyright Law
The US Copyright law
The US copyright law basically developed from statutory and English Common Law. Hence, types
of work and copyright protection are slightly similar to the UK copyright law. The copyright law of
the United States also provides copyright protection in "literary work", "dramatic work" and
"musical work". In section 102 (a)(2) stated that protection of the US copyright law cover "musical
work, including any accompanying words," as same as section 102(a)(7) which protect the copyright
of sound recording.
Another relevant topic with music copyright is performance or distributing to the public. In
accordance with the US copyright law, section101 explain that "to "perform" a work means to recite,
render, play, dance, or act it, either directly or by means of any device or process or, in the case of a
motion picture or other audiovisual work, to show its images in any sequence or to make the sounds
accompanying it audible."
US Limitation on exclusive rights: Fair use
In Section 107 of the US copyright law provide 4 factors that need to be considered ... Show more
content on Helpwriting.net ...
D. Salinger. Hamilton has to write this work by his own after Salinger declined to join his project.
Hamilton proceed a biography with some use of Salinger's unpublished letter which write to his
neighbor. However, Hamilton has to sign a form before gaining an ability to read that letter which
has a condition that he could not publish the content of letter without consent. Hamilton also
interview several people who in associated with Salinger including Dorothy Olding, his agent.
Random House sent out the proofs of the biography to Salinger trough Olding. Even Hamilton
paraphrases the quotation from the letter, Salinger argue that these changes was not sufficient.
Salinger sued Hamilton and Random House and claimed for copyright violation, breach of contract
and unfair
... Get more on HelpWriting.net ...
114.
115.
116.
117. The Development Of Technology And The Internet
Introduction The first–sale doctrine is an important provision in the United States Code regarding
businesses and transactions, especially in a rapidly expanding digital world. The development of
technology and the Internet is impacting the interpretation of the first–sale doctrine. Additionally,
the first–sale doctrine has created some conflict within the courts because of its ambiguity in regards
to the international and digital markets. While there is a specific importation ban within the
Copyright Act of 1976 in 17 U.S.C. § 602(a), the first–sale doctrine, prior to the result of Kirtsaeng
v. Wiley & Sons, Inc., did not apply to manufactured goods from outside of the United States.
Before the holdings of the Kirstsaeng and Costco v. ... Show more content on Helpwriting.net ...
Background The first–sale doctrine, initially established in the Copyright Act of 1909, first
originated in the case Bobbs–Merrill Co. v. Strauss in 1908. This provision of the United States
Code "allows the owner of a particular copy of a copyrighted work to resell or otherwise dispose of
that copy without infringing the rights of the copyright holder, in effect restricting the copyright
holder 's exclusive right to distribute." By this provision, a consumer may purchase an original,
tangible copy of the copyrighted work, and then that consumer has is "entitled, without the authority
of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord."
The first–sale doctrine, applied specifically to tangible goods, protects the a particular good and
places limitations on copyright owners' ability to monopolize the product. Therefore, the first–sale
doctrine places limitations on the original copyright owner's right to distribute their work. An author
of a particular copyrighted good or work only benefits from the initial first sale of the product, and
does not have any control over further subsequent transfers of the good. The applicability of the
first–sale doctrine regarding tangible goods is unquestioned. However, in the continuously updating
digital world, it is becoming more difficult to determine the applicability
... Get more on HelpWriting.net ...
118.
119.
120.
121. Napster: The Copyright Battle Essay
Once upon a time a website provided free music through peer–to–peer file sharing. This was a new
technology for the public for a several reasons. The price of home computers had declines
dramatically and many people could now afford one. Because of the affordability, many people who
had never used a computer suddenly found themselves enmeshed in the new media. Not only could
people do their e–mail, do paperwork, play games and use all the different applications they now
could also share their files with others. Of course, they wanted to share one of our most valued
pleasures, our love of music. The public was not aware that this type of file sharing was illegal
because it was not clear on the website disclaimer. Most people did not ... Show more content on
Helpwriting.net ...
This actually was a promising idea. There are many independent musicians, writers and various
other artist that cannot afford to promote their work and develop a following. This was virtually a
free way to advertise their product without trying to get a contract with a company to distribute and
promote their work. As long as the artist had given permission for the use of the work, there was not
a problem. The copyright laws of the United States provides for the artist to benefit from his/her
intellectual property for a set period. Then the work goes into the public domain. However, this was
not the case with Napster. The first problem was that they were allowing distribution of copyrighted
work without permission or compensation to the artist. Second, it appears that they knowingly
promoted their product once they were informed that copyright infringement was being practice
with the assistance of their site.
According to Jeff Tyson, there were several reasons why the music industry was upset with Napster,
Tyson states:
The problem that the music industry had with Napster was that it was a big, automated way to copy
copyrighted material. It is a fact that thousands of people were, through Napster, making thousands
of copies of copyrighted songs, and neither the music industry nor the artists got any money in
return
... Get more on HelpWriting.net ...
122.
123.
124.
125. Sopa, Dmca, And Hipaa
Alexander Lau
ITP – 125
Final Paper
May 7, 2016
SOPA, DMCA, and HIPAA
With the introduction of computers and the internet opens limitless possibilities for the world to
become so much more interconnected and interactive. However, that same limitless potential is both
a blessing and a curse. The open internet is a system that allows for unlimited access to almost any
sort of information. That same openness makes security for one's self difficult and there isn't anyone
who is completely secure. The introduction of the internet for broad use and public consumption
also came with the federal government's attempts to prevent the theft of personal information. In the
late 1990s, President Bill Clinton signed into law two provisions to protect copyright and
affordability of healthcare: the Digital Millennium Copyright Act (DMCA) and the Health Insurance
Portability and Accountability Act. In 2011, a bill was introduced into the United States House of
Representatives called the Stop Online Privacy Act (SOPA) to combat online copyright infringement
and online trafficking in counterfeit goods. Obviously the DMCA and SOPA have much more in
common as they deal with copyright infringement. As such, they also have a profound impact on
information security. HIPAA is important as well as it keeps confidential information like medical
records to only be accessed by patients and medical professionals. All three of them touched on an
important subject, information security, that warrants the
... Get more on HelpWriting.net ...
126.
127.
128.
129. Copyright Laws Over Creative Works
Copyright is a federally protected part of intellectual property that automatically regulates creative
works of authors. Copyright laws began approximately around the 15th century in Europe. The
cause for such regulations stems from infringement of creative works. These works fall into one of
three main categories; music, visual works, and literary works. Copyright infringement highlights
the need for copyright laws over creative works in music, art and writing, resulting in an ever
changing copyright landscape. Title 17 of the United States Code outlines what does not fall into
any of these three categories, and therefore cannot be protected under copyright. It is also important
to note that not every use of a creative work ... Show more content on Helpwriting.net ...
Upon creation of a creative work, copyright protection is automatically awarded (Moser, 2012, p.5).
According to Lau et al., copyright lasts for seventy years after the death of the author(s) and for a
corporation, ninety–five years after being published or one hundred twenty years from the creation
date depending on which is sooner. Article I, Section 8 of the United States Constitution, or
Copyright Clause, and Title 17 of the United States Code also work to protect copyrights at the
federal level. As stated by Congress, the Copyright Clause encourages "the Progress of Science and
useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right" (Lau,
2014). As stated in Title 17 § 1–102, works outside of the "works of authorship" categories are not
copyrightable. Public domain is one of these categories, Lau et al. describes it as "any intellectual
property not protected by law and feely available for any member of the public to use" (2014). After
a copyright of a work has expired it becomes part of the public domain as well. Sound recordings
are another example of an un–copyrightable works "that result from the fixation of a series of
musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or
other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other
phonorecords, in which they are embodied" (17, § 1–101 ). Ideas cannot be copyright protected
because
... Get more on HelpWriting.net ...
130.
131.
132.
133. The Importance Of Media Piracy
Media Piracy is a major issue in the world today, involving all kinds of people from all reaches of
the world. Canada and the US take different approaches to combat piracy, Canada's method is
superior with a focus on preventative measures as opposed to criminal enforcement. Preventative
measures mean that a crime can be prevented or stopped before its even committed. Using this
argument, the investment into preventative measures would mean less crimes are committed which,
in turn is more beneficial to society and the budget of the government than pursuing a route of
discipline. The United States' approach involves tracking those who have committed the crime and
punishing them. Net neutrality also plays a big part in the fight to battle piracy, with both countries
taking interest in the idea of ending net neutrality.
What exactly is media piracy? The definition of Piracy is "The unauthorized use of another's
production, invention, or conception especially in infringement of a copyright" (Merriam–Webster's
collegiate dictionary online, 2017) In this digital day and age, gone are the days where the majority
of people pirating media are "ripping" blank CD's or making physical copies of movies, almost all
of it is digital. Digital piracy is slightly different, and by definition is "The act of reproducing, using,
or distributing information products, in digital formats and/or using digital technologies, without the
authorization of their legal owners." (Belle flame & Peitz.) How
... Get more on HelpWriting.net ...
134.
135.
136.
137. Is Copy Protection Cracking Ethical? Essay
Is Copy Protection Cracking Ethical?
Introduction
There are many types of hackers in the world. One group of hackers focuses on breaking copy
protection schemes. Copy protection schemes prevent the illegal copying of software, music, etc. By
cracking these schemes, people are then able to use and copy the item without the copy protection
preventing or hindering their use. This process is commonly known as cracking and the hackers
involved in the process are known as crackers. Cracking is commonly viewed as an illegal act in
many countries as it is typically used to steal copies of the copyrighted item. However, there are
benefits to cracking. It can remove the inconveniences the copy protection scheme imposes on users
and in some ... Show more content on Helpwriting.net ...
However, these checks can cause problems for users. Incompatibilities with CD drives can cause
false failures upon checking the validity of a CD. This can prevent legal users from properly using
the software that they have purchased.
Another form of copy protection is used on movie DVD's. The movie is encrypted and flags are set
to indicate that the DVD is a copyrighted work. Without the appropriate key, a DVD movie cannot
be played back. In order to supply software/hardware that can decrypt the movie, the vender must
purchase a license and must respect the copyright flag and the restrictions it places on how the
content can be used. This model works perfectly well. Users can play the DVD movie in their DVD
players and on their personal computer with the appropriate software and hardware. Both of which
typically come with the purchase of a new personal computer or in the same upgrade kit. The
problem with this technology is this: What if a vender does not create a legally licensed product for
your personal computer's operating system? Widely used operating systems have support (MacOS
TM, Microsoft Windows TM). However, many people are beginning to use Linux as a desktop
operating system. Since Linux is an open source operating system, many users want free software
for their system. Unfortunately, a license to legally create a DVD movie player is not free. The user
has
... Get more on HelpWriting.net ...
138.
139.
140.
141. A Professional Code Of Ethics
Copyright laws are important more so today then ever before because the ability to copy and
distribute intellectual properly and pirate electronic content has increased with the advancements in
technology and globalization. As members of the student body, University of the People students
must understand the detriments of plagiarism, piracy and ensure they protect Intellectual Property
and respect copyright laws. Developing a professional code of ethics as a computer professional,
will help navigate our careers and help us make proper ethical decisions and choices.
Intellectual Property
The University of the People's Intellectual Property policy requires we respect individual property
rights and abide by US copyright laws (University of the People Catalog, 2015, p. 83). The
University of the People does not tolerate plagiarism. Plagiarism violates Individual Property rights
by failing to credit the author's work. According to WIPO, "Intellectual Property refers to creations
of the mind, creative work such as books, music, movies, photos, web content, and software"
(WIPO, n.d.). Everyone has created Intellectual Property at some point in his or her life and no one
wants it stolen. Innovation flourishes when ideas can flow, but stealing from the author will only
lead to stifled creativity and resentment. When we build upon the work of others and our own
ideation takes root, we must give credit to its origin. Increased awareness of Intellectual Property
rights will
... Get more on HelpWriting.net ...
142.
143.
144.
145. Television, Television And Public Places
1a. It is very important to draw comparison between the internet, library, television and public
places as a result of the fact the internet can also be considered or viewed as a public place where
information can be obtained freely at any point in time, and this makes it very important to know
what the law says about this disseminating information to the general public with respect to the first
amendment. Looking at this various medium i.e libraries, television and public places and what the
law stipulates according to the United State constitution the first amendment expressly forbids
against depriving citizens their right to freedom of speech, of press, right to assemble and petition
the government. But in this case emphasis is placed on the freedom of speech. The entire medium
stated above has differences between them and the difference between them how the freedom of
speech law applies to each one of them, for example the library consist of various material including
the press, which has been granted lots flexibility when it comes to freedom of speech been the oldest
media but the content available in the library is still controlled by the owner of the library so that it
does not infringe on any law. Likewise the television the government has set up various body to
control what is being aired to the general public, but it does not have any control of privately owned
television providers such as charter, dish etc. 1b. The internet is similar to the library, television
... Get more on HelpWriting.net ...
146.
147.
148.
149. Piracy is A Problem, But the Stop Online Piracy Act is Not...
The internet is one of the few things in the world that is truly all over the world. Millions use the
internet every day for more reasons than one person can think of; to connect with family and friends,
find information for a research paper, or to achieve the perfect chicken masala recipe. The internet is
made up of a mass expanse of web content and copyright, which is where online piracy comes in.
Online piracy is the illegal use or distribution of copyrighted content, such as music, films, and can
even include pharmaceuticals. Millions of dollars are ripped off every year from the illegal
downloading of just music. In the visual that I have included you will see that America tops the list
of music illegally downloaded from ... Show more content on Helpwriting.net ...
The terminology of the act is also too broad and general; it would give the government an
unreasonable amount of power over the internet. The law could potentially be manipulated to censor
the internet. Those prosecuted for copyright infringement would be given the bare minimum of their
due process rights. Websites could potentially be shut for just mentioning something copyrighted or
having a link to the copyrighted content. SOPA will put enormous pressure on third party websites
to police their forums with an intensity that would eventually cause pandemonium. Sophie Stalla–
Bourdillon, a lecturer at the University of Southampton Law School stated in her article about
internet intermediaries that "how can one promote freedom of expression while expecting Internet
intermediaries to take the initiative to police their systems or networks and in particular to react
upon infringements of Intellectual Property (IP) rights." Youtube reported that 100 hours of videos
are uploaded to their site per minute; That is 144,000 hours of video per day. Youtube would not be
able to screen all of these videos equal to the rate that they are getting uploaded. Through DMCA
sites like Youtube are currently not held liable for what their users upload and share as long as the
websites "act as neutral carriers of information and do not restrain freedom of
... Get more on HelpWriting.net ...
150.
151.
152.
153. Copyrights in the Music Industry Essay examples
Is important for anyone who has created any intellectual property to protect it. In the music industry,
in order for someone to protect their work, they must obtain a copyright. Music has been around
before anyone could obtain a copyright and when the invention of the computer came along it made
it easier for someone to steal another artist's intellectual property with the help of the internet. This
paper will cover what events have taken a big role in copyright protection for artist, the
consequences if someone was to break the rules of a copyright which is called copyright
infringement, and how will a copyright hold in the future. Were copyrights enacted without the
thought of life changing technology, and how can some music companies ... Show more content on
Helpwriting.net ...
Literary work (including newspaper and magazine articles, computer and training manuals,
catalogues, brochures, and print advertisements).
2. Musical works and accompanying words (including advertising jingles).
3. Dramatic works and accompanying music.
4. Pantomimes and choreographic works (including ballets and other forms of dance).
5. Pictorial, graphic, and sculptural works (including cartoons, maps, posters, statues, and even
stuffed animals).
6. Motion pictures and other audiovisual works (including multimedia works).
7. Sound recordings.
8. Architectural works. (Miller & Jentz, 2011, p. 126)
When The Copyright Act of 1976 was enacted works created after January 1, 1978, are
automatically given statutory copyright protection for life of the author plus 70 years. (Miller R. J.,
2011, pp. 125–126) For someone to go against the rules of a copyright this is called a copyright
infringement. A copyright infringement occurs if a substantial part of a copyrighted product has
been reproduced. (Miller R. J., 2011, p. 127) Damages can vary from case to case of copyright
infringement. Based on the type of damage caused it will be classified as actual damages or
statutory damages. Actual damages are based on the harm caused by the copyright holder by the
infringement. (Miller R. J., 2011, p. 127) Statutory damages may not exceed $150,000. Criminal
proceedings may result in fines and/or imprisonment. There is a notable way to waive the copyright
by
... Get more on HelpWriting.net ...