Fair Use Definition Explained

Fair Use Definition
I am the attorney for Defendant, Professor Faden. Fair use is the doctrine that brief excerpts of
copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as
criticism, news reporting, teaching, and research, without the need for permission from or payment
to the copyright holder.One can copyright any original work of authorship that can be "fixed in any
tangible medium of expression," such as written on paper, or encoded on disk or tape, or recorded
on film. This includes fiction and nonfiction writings, poetry, musical compositions (words and
music alike), sound recordings, photographs, paintings and drawings, sculpture, architectural works,
databases, audiovisual works such as movies, and multimedia works ... Show more content on
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The second factor of fair use is the nature of the copyrighted work, which means what is the amount
of the portion used in relation to the copyrighted work as a whole. This factor analyzes the degree to
which the work that was used relates to copyright's purpose of encouraging creative expression. The
third factor of fair use is the amount and substantiality of the portion taken, and this means how
much of it did you use? This rule, less is more is not necessarily true in parody cases. A parodist is
permitted to borrow quite a bit, even the heart of the original work, in order to conjure up the
original work. Finally the fourth factor of fair use is the effect of the use upon the potential market,
this means what did it influence?"The economic effect of a parody with which we are concerned is
not its potential to destroy or diminish the market for the original–any bad review can have that
effect–but whether it fulfills the demand for the original." (Fisher v. Dees, 794 F.2d 432 (9th Cir.
1986).) Faden's movie was fair use therefore there's noninfringing. The purpose of his movie was for
entertainment and it was also very educational on the topic of copyright. A judge must consider the
effect on the potential market for the copyrighted
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Professor Faden Did Nothing Wrong
I believe that professor faden did nothing wrong in this video and this is not copyright at all. One
reason that i say that he didn't do anything wrong is because he followed the rules of copyright and
didn't take their ideas or anything, all he did was get short films from each movie and put them
together to make a lesson that people need to learn. Which is to never copyright and or steal people's
work.
Another reason I say he did nothing wrong is because all he used was words that the characters were
saying such as copyright, owner, allowed, etc. that's everyday words that people use if you think
thats copyright there is something wrong with you. According to the third factor of fair use if you
only use a certain amount of something and dont

Intellectual Products And The Property Right Of An Author
Intellectual products are considered as 'non–excludable' and 'non–rival' goods. Since intellectual
products neither prevents a person to enjoy the benefits of a product over others nor does the use by
the first person diminish the value of the product. Therefore, if property right over creative works
are vested to the society then the price of a product will be zero, the prospect of any revenue will
diminish and the incentive to create will fade. As such, there was a strong reason to implement
efficient copyright term of protection. However, it is wrong to assume that copyright products are
public goods because copyright law can exclude others over a fee paying consumer.
The Australian copyright law accepts the 'justice theory' and protects the property right of an author.
As the average life expectancy of a person increased, the authors argued that copyright protection
should be increased to provide adequate benefits for their future generation. However, there is no
economic justification for this argument because the real beneficiaries of copyrighted works are the
intermediaries such as publishers and record companies. Intermediaries are benefiting from the
excessive copyright term of protection through a clever drafted contract. Despite the wider
marketing scope of the internet, many authors are forced to transfer their copyrighted works for a
few thousand of dollars to the intermediaries. Equally, it is difficult to reconcile that economic
incentives will

A Brief Note On Professional And Individual Ethics
PROFESSIONAL / INDIVIDUAL ETHICS
Scenario
The site is a private property of Mr John Cruger & Mrs Alicia Cruger (Created for sake of
assignment). The site is a flat land and vacant currently and the client intend to build 2 townhouses
and it is not sure whether they will lease or sell the property after completion.
1) Architect's Point of View
As an architect, in terms of practicalities and technicalities of the project, I do see the potential of
the site. Being in the Richmond area, the project is bound to be a success either be lease or sold.
Furthermore, the site is flat and has no significant tree to preserve, make it even better for architect,
engineers and contractor.
Yes. The site will be easy to design and construct, however, in terms of society cognizance, the
architect must take serious consideration of neighborhood opinion. Suitable construction method
must be implemented and working hour system must be change and plan properly.
As a professional architect, I shall carry my professional work faithfully, conscientiously,
competently and in a professional manner. Therefore, I always make the client clear on details of the
project, for instance, job scopes, budget, schedule and most importantly completion date. I also must
respect and acknowledge the professional aspirations and contribution of other previous architect of
the project or other consultants involved during the project.
In terms of aesthetics and culture, the site not in the mandatory heritage

How The Current Copyright Laws Are Not Be Reformed For...
Due to how abusable current copyright laws are, they must be reformed to prevent copyright
trolling. According to Matthew Sag, "The essence of trolling is that the plaintiff is more focused on
the business of litigation than on selling a product or service or licensing their IP to third parties to
sell a product or a service" ("Copyright Trolling, An Empirical Study" page 4). Copyright trolls seek
to acquire their income from suing others on copyright violations, rather than continually creating
new works and using copyright to protect them. Copyright, whether one agrees with the concept or
not, was not designed for this purpose. People should not be allowed to make a business off of suing
others. This is not only unjust, but wastes the court's time with actual crimes. The United States
must reform its current laws to prevent this type of behavior from happening. According to Parker
Higgins, "Like email spammers, copyright trolls depend on the ability to cheaply cast a very wide
net, sending out hundreds or thousands of accusations at once and getting settlement payments back
from some percentage" ("Copyright trolls suffer big loss" par. 3). Many trolls do not target specific
groups or people; rather, they spread it in such a way that any company or organization can
accidentally "misuse" it. This creates an environment in which it is impossible for many groups to
tell if they can use another party's content without invoking a ludicrous copyright lawsuit. This is
not a

Black Teens Are Breaking The Internet And Seeing None Of...
Everyday something is posted on the internet that goes viral. Viewers laugh, cry, and share this with
others. More often than not, people imitate the words or actions of the original work without giving
the creator recognition. In The Fader's candid article, "Black Teens Are Breaking The Internet And
Seeing None Of The Profits" by Doreen St. Felix, many examples are used to efficiently show how
the world capitalizes off of Kayla Newman's Vine using the term 'on fleek'. Many advertisements
nowadays coin the expression to attract customers. This raises questions, such as, why aren't people
like Newman getting paid for donating to our culture? St. Felix gracefully quotes credible people
and the victims dealing with copyright issues to make a good ... Show more content on
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He has been receiving payments, although not for 'breaking the internet' and I feel that he didn't
technically do so anyways. I know for a fact that people I socialize with are way more familiar with
'on fleek' than they are with any of his videos or what he does. I don't discriminate and have friends
from all kinds of backgrounds and interests so you can't say that it's just the type of people I
associate myself with. There is a nice variety. Companies aren't profiting off of him and leaving him
to bite the dust. He doesn't deserve as much of a profit as Newman does. It's not too surprising for
advertisements nowadays to incorporate 'on fleek' in some way. It's on t–shirts, billboards, and girls
even use it in their homecoming queen campaigns. Searching the phrase on iTunes will lead to a
search result with almost 30 songs with the same title. Doreen St. Felix should have just focused on
Newman and left out the interview she had with Meechie. It appears that she starts to walk away
from the main problem to a different, unrelated problem and makes an attempt to link the two. Yes,
she did include testimonies from people that work with copyright music laws every day, however
the article and the title need to become unified. I believe that removing it would just be very
beneficial and keep her more on topic. I feel that she lied to her audience with the

Plagiarism In Purdue Owl's Intellectual Property
Plagarism
Date: 9/2/15
Plagiarism is essentially using work from somebody else and not giving them credit but claiming it
as your own work, also considered 'theft' of another's intellectual property. Intellectual property is
defined as work, inventions, or ideas created by another person. Protecting intellectual property can
be obtained by applying for a patent, copyright or trademark which thereby 'legally' claims
ownership. According to the law, these applications are provided to us as a basic human right where
a person can claim their property while reducing the risk of theft by the protection of the Intellectual
Property Law (Electronic Frontier Foundation).
Plagiarism is not always recognized or even considered theft of property. Ironically, this assignment
can easily be plagiarized. The main objective is to summarize and summarization involves
comprehending what ... Show more content on Helpwriting.net ...
"Do the research yourself and write it in your own words, adhere to research practices approved in
your discipline, follow school guidelines for working with people, resources, and technology, avoid
one–sided research that may conceal opposition, present real data and facts and treat source material
fairly in your writing" (Vandermey 2007). Aside from the principles of ethics in research, Purdue
Owl has a few tips to minimize the risk of plagiarism by following these steps: "In your notes,
always mark someone else's words with a big Q, for quote, or use big quotation marks"(Stolley
2014). "Try writing your paraphrase or summary of a text without looking at the original, relying
only on your memory and notes" (Stolley 2014). Lastly, try not to quote entire sentences like I did in
this last paragraph, only quote necessary material and write the rest in your own words. There is
another law called the Fair Use Law where a limitation exists in relation to how many words can be
quoted from each source (Stolley

Copyright Challenges Of The Modern Digital Economy Essay
Question:
Identify and discuss these copyright challenges in the modern digital economy using examples from
case law.
Examine the recommendations made by the ALRC for the introduction of 'fair use' in Australia?
Fair use is a defense to copyright infringement that essentially asks of any particular use; Is this fair?
Do you think that this reform will promote innovation and enable a market–based response to the
demands of the digital age?
Word Count: 1728
The term 'fair use' is defined by Hudson as the use of copyright material without permission from
the owner for purposes that are deemed fair. In the digital economy however, new challengers arise
with 'fair use'. These challenges are due to the complex and changing nature of the digital
environment, and the need for the law to remain relevant, and be clear and broadly understood in the
community. Secondly, the purpose of copyright law is to stimulate creation and learning by
providing incentives to create and distribute. Therefore, it is important that reforms do not change
the fundamental objectives of the copyright law. The ALRC has made recommendations outlining
implementation of 'fair use' legislation in Australia, which is intended to outline the purpose and
character of copyright material that may be used without permission from the owner. The purpose of
the ALRC report is build a fair and reasonable legal guidelines where copyright material can be used
fairly for purposes that may not infringe copyright.

Business Bog-Shoring Case Study
MUSIC BUSINESS BLOG – PUBLISHERING
So what is a music publisher?
The role of a music publisher, whether it is a single person or company, is to ensure that the
songwriters and composers of the track/album receive the correct payments when their work is used
commercially. When signing a contract with a music publisher, the composer or songwriter will
assign the copyrights of their production. In return the company will then licence out the rights and
help monitor where the composition is used and then in turn will collect royalties and then send
them to the original producers.
The copyrights owned and administered by publishing companies are one of the most important
forms of intellectual property in the music industry, the other being the copyright on a master
recording, which is normally owned by a record label.
What is intellectual property?
Intellectual property (IP) refers to the creation of something original and then is protected via
copyrights, patents or trademarks. If the usage of these creations is breached, for example, usage
without consent from the original ... Show more content on Helpwriting.net ...
If music royalties were not used within the industry, musicians and producers would not find any
payments from the use of their work and hence the handling of their work would in theory be free of
charge. This potentially could lead to a loss in art, as producers would not see the motive behind
creating great pieces of work as theoretically, anyone could claim the original creation of it.
However, this is only one theory to why a loss of art would occur, overall it is down to what the
artist values from distributing their work to consumers, the financial benefits or the message or
brand trying to be created. However, since the idea of royalties is being used artists are currently
receiving fairer payments for usage of their

Fair Use In Disney Movies
Faden's use of the Disney movie clips is and should be considered fair use. The use of the clips all
follow the guidelines for fair use like for educational purposes and to illustrate on copyright laws.
The movie clips were not shown more than 30 seconds. The facts show that the creation of this film
did not impact the market value of the Disney movies nor was it use for market value. Fair use
shows Faden's only intention when he created the movie was to illustrate copyright laws and fair use
and know how to claim as fair use and what copyright law is.
He did not use more than necessary from the Disney movies when making the film. Now there is no
bright line on what is classified as fair use, in fact fair use can sometimes be considered as

Stop The Pirates Poster Analysis
Q4 Stop the Pirates
7. Be Legal & Fair
Q3 Comic
7.Q4 Script for the animated video below
Introduction
Your goal is to stop the pirates (aarrgh). No not those pirates. You will be creating a poster
discouraging others from illegally downloading and reproducing content from the Internet (pirating).
Your poster should have a clear message. Remember, copying copy protected music, movies, and
games is stealing and it is harmful to the creative artists, musicians, developers and others involved
in the work. To create your poster you may use various media such as digital photography, drawing
tools, downloaded images, as well as online sites. Check with your teacher to find out what
application should be used to create your poster. Some online

Using Copyrighted Material Done For A Limited And...
According to the Stanford University webpage fair use is "any copying of copyrighted material done
for a limited and "transformative" purpose." "Transformative" in this interpretation refers to the
process by which copyrighted works are used in creative or alternative manners in which something
new is created or made use of. The nature of how transformative a work is often aids in determining
the eligibility for the first of the fair use factors. When determining the legality of copyright issues,
Courts often look to four factors which have been laid out as qualifiers and evaluators for fair use in
a given dispute. These four factors are not concrete in interpretation and therefore results of given
disputes can vary based on the Court ... Show more content on Helpwriting.net ...
For example, in Adjmi v. DLT Entm't, Ltd (S.D.N.Y. Mar. 31, 2015), protection was awarded under
fair use because although the parody of Three's Company "copies the plot, premise, characters, sets,
and certain scenes from Three's Company, it uses 'the familiar Three's Company construct' as 'a
vehicle to criticize and comment on the original's light–hearted, sometimes superficial treatment of
certain topics and phenomena." Transformative nature is showed here by the variation in scope
under which the Three's Company parody was presented. The second fair use factor is the nature of
the copyrighted work. This holds that work of a factual nature can be used more readily than
fictional or created work. The public ought to be provided with pertinent factual information and
therefore if a given party has sought protection under the terms of fair use it is crucial to evaluate the
factual nature of the copyrighted work. In this understanding a stat sheet about NBA player
accomplishments will be more readily accessible and attainable under fair use than an editorial
written about the players will be. The factual nature of the stat sheet as opposed to the opinion–
based editorial is the crucial distinction here. The third fair use factor is described as the amount and
substantiality of the portion

The Definition Of Uk Copyright Law
The enduring fascination for people is that they want law to be flexible in the matter of copyright.
This was clearly expressed by Ed Mayo, Chief Executive of Consumer Focus quoting "UK
copyright law is the oldest, but also the most out of date. Before addressing the question it's
important to look at the history and definition of UK Copyright law. It has grown from this
beginning to form the main legal basis for the international publishing industry, which contributes so
much to literature, learning and culture not only in the UK but it has crossed different nation's
borders.
Copyright law exist to prevent people from taking advantage on another's creative work where
Peterson J quoted
"....worth copying is prima facie worth protecting...".
Copyright protection extends to expressions and not to ideas . Originality is the threshold standard
of requirement of copyright. The case Walter v Lane [1900] AC 539 expounded the three essential
elements (labour, skill and judgment ) of originality. The court adapted to sweat of brow test with no
element of creativity require to make the work original. Copyright can be granted if a work is
created through the effort of an individual despite the work containing statement of facts and no
creative input by an author.
Eventually Ladbroke v. William Hill [1964] 1WLR 273 reiterated the requirement of 'labour, skill
and judgement' and that originality required only that the work originated from the author. It is clear
that to convey

The Legal Regulation Of Printing Press Disrupted The...
Those of us who care about continuing the copyright tradition that regards public access to
information as the principal goal of the law are faced with the hard task of searching for and
exploring middle–ground scenarios wherein author/publisher interests in receiving compensation
can be balanced with user/library interests in having access to information on fair and reasonable
terms. Finding and implementing such a balance is all the more challenging in view of the messianic
fervor that the Green Paper has engendered in the publishing industry. As we search for middle
grounds, it may help to realize new technologies have been disrupting existing equilibria for
centuries, yet balanced solutions have been found before. The printing press disrupted the
equilibrium of its day. When the first legal regulation of printing proved imbalanced, legislative
adjustments achieved a public policy balance that has lasted for a considerable period of time. While
the history of copyright reveals many examples of disruptions caused by new technology and the
construction of new balanced equilibria, one relatively recent instructive example is that of the cable
television industry. When cable technology made it possible to transmit television programming to
cable subscribers, owners of programming copyrights sought to stop this retransmission, saying it
would be their ruination. Courts, however, found no copyright infringement, saying that passive
retransmissions of signals were not "public

Copyright Law On The Planet
"Only one thing is impossible for God: To find any sense in any copyright law on the planet" (Mark
Twain). The concept of copyright in the United States has a large history. The first form of copyright
in the United States stems from Article 1, Section 8, Clause 8 of the U.S. Constitution in the year
1787, where "Congress shall have power . . . to promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right to their respective writings
and discoveries." These "exclusive rights" were originally extremely limited, as the first Copyright
Act of 1790 only applied to maps, charts, and books. As time has advanced, copyright practices in
the United States have undergone several reforms, among the most recent being the infamous
Digital Millennium Copyright Act (DMCA) of 1998. Said act updated United States law to the
requirements of the World Intellectual Property Organization (WIPO), such as placing limitations on
the liability of online service providers for copyright violations made by users. The act, however,
has been a subject of controversy in recent times, as some content creators abuse it to control access
to their content. This is accomplished through methods such as copyright trolling, in which the
copyright holder produces works solely for the purpose of litigation rather than distribution.
Oftentimes, these practices are thought to be a violation of fair use, which enables copyrighted work
to be used without

Copyright Law And The Music Industry : Beyond Blurred Lines
Copyright Law and the Music Industry: Beyond Blurred Lines
Introduction
Copyright law in today's music industry has become a tangle of litigation, complications, and
bitterness. Overly–complex, multi–layered regulations and laws, double to quadruple fees, and
arbitrary enforcement have led to a situation where songwriters and artists are hamstrung, the
industry is in crisis, and listeners will be the ultimate losers. In the past, there has been a tendency to
settle music copyright lawsuits before they go to court, thus keeping the problems from surfacing to
the media, until recently. As exemplified by the lawsuit awarding nearly $7.4 million1 to the heirs of
Marvin Gaye for copyright infringement of his song, "Got to Give It Up,"2 by Robin Thicke and
Williams in their composition "Blurred Lines,"3 this area is fraught with disagreement about its very
basis: can government really restrict musicians from using similar chord progressions and beats
when there are only so many possibilities available? It is becoming increasingly difficult to sort out
rip–offs from mere similarities, and the method of music distribution is changing faster than the law
can keep pace. Overall, the area of copyright laws as they pertain to music is a volatile one that
deserves consideration and possible revamping if reason, and musical expression, are to prevail.
History of Copyright Law Ironically, the first iteration of a copyright law was enacted in 16th–
century England as a means of

Disney Fair Use
The first thing that should be done before anything else in this case, is the proper definition of fair
use. Merriam Webster's defines fair use as the following: a legal doctrine that portions of
copyrighted materials may be used without permission of the copyright owner provided the use is
fair and reasonable, does not substantially impair the value of the materials, and does not curtail the
profits reasonably expected by the owner. The U.S. Copyright office states that these are the
activities that can be claimed as fair use: criticism, comment, news reporting, teaching, scholarship,
and research. So to further analyze fair use, I shall share some observations. Fair use can be claimed
if it does not substantially impair the worth of the movies used in the video, or lose any money for
disney. The strategy can also be used if it is used in the context of criticizing, reporting, or providing
commentary on something. Teaching, research, and scholarship are also forms protected by
copyright.
So first we will look at if Disney's profits are harmed, let's take a look at what disney is worth:
"Disney currently has about 1.61 billion shares outstanding. With a share price of around $94 per
share, that puts Disney's market capitalization at roughly $150 billion."–The Motley Fool. Looking
at evidence ... Show more content on Helpwriting.net ...
The case summary is, as follows: "A biographer of Richard Wright quoted from six unpublished
letters and ten unpublished journal entries by Wright. Important factors: No more than 1% of
Wright's unpublished letters were copied and the purpose was informational. (Wright v. Warner
Books, Inc., 953 F.2d 731 (2d Cir. 1991).)"–Stanford. The court saw that since the purpose was
educational, and the damage done to the original work unsubstantial, that the use was indeed,

Music Copyright : An Individual Or Group Of Musical Creators
Music copyright is the right to exclusively reproduce original music or works of an individual or
group of musical creators. This right is granted by the Australian Law. This gives the writer a legal
control of his or her original work, meaning, the subject can dictate how it should be used and
distributed. The music author therefore has the right to take legal action upon anyone who uses the
work without permission. (Christie 2012 np) Copyright infringement on the other hand is violation
of this patent's right. This right is mainly invaded in two ways, unauthorised download from, an
unlicensed source or, unpermitted distribution of the music to other parties. The latter faces heftier
penalties because in the eyes of the law, it is akin to stealing. (Larsson et.al 2014 p. 17)
A music publisher is an individual or group that works with songwriters and composers to maximise
royalties and take a percentage of money accrued in exchange for services rendered. This is
convenient because, a creative may be too busy or may lack the administration know–how to keep a
check on how his or her compositions are used by others. (Panda et.al p.155) It is a win–win
business strategy to work with a publisher because they have a strong commercial incentive to do
the best job. In Australia, music publishers are represented by the Australian Music Publishers
Association. The role of a publisher can be summarised as follows:–
Administrative and collection purposes: this entails, collecting

The Copyright of Procedural Art
Traditionally, creative works such as drawings, paintings and other pictures have been protected by
copyright law. Procedurally generated art can produce works that mimic a drawing, painting or
photograph, but there is a complication in defining the work as an algorithm or a creative work.
Copyright does not extend to algorithms, so the questions follows: Is procedurally generated art
simply an algorithm that should be treated as such, or is it a creative work that should be covered by
copyright law?
Procedurally generated content in general is considered to be produced by a program rather than
explicitly defined by a data structure. However, a program itself can be seen as an explicitly defined
data structure (Ebert, Musgrave, Peachey, ... Show more content on Helpwriting.net ...
Even so, when their user interfaces were compared there were a number of similarities. The judge
ruled that copying had taken place on that basis.
This precedent states that, in the UK, the end result of a program is what matters and that its internal
function is irrelevant to issues of copyright. Applied to Perlin's procedural art, this could potentially
be dangerous. If someone wished to obtain similar results to his they would have to be wary of
copyright law. Even if they could mimic his techniques without copying any of his code, they would
still potentially be found to have violated copyright since the end results would be similar.
As well as copyright law, patent law could also be an issue. European patent law expressly prohibits
the granting of patents for "programs for computers" (European Patent Convention, 2000).
Strangely, the United States takes the opposite stance. It will not grant patents "consisting solely of
mathematical operations, i.e., converting one set of numbers into another set of numbers, does not
manipulate appropriate subject matter and thus cannot constitute a statutory process" (United States
Patent and Trademark Office, 2008). This seems very similar to the European system, but there is a
key difference. The US Patent Office will issue a patent for programs with a practical application.
To go back to Perlin's work, any of the

Ownership In Music
Yalan Liu
ENGL160
03/12/16
Contesting Ownership of Music Nowadays, the world of music has become one of the favorite ways
to enjoy daily activities with people. Moreover, the technology provides an opportunity to people to
learn how to produce music. However, here comes a serious problem with the convenience of the
easy accessibility to get the music resources, it caused the problems of indiscriminate use and
pirated copyright. In the music industry, the key legal issues are the concept of copyright and fair
use. Island Records base their legal argument on the code of copyright. Copyright laws help protect
the creative works of the writers and other artists from the commercial ... Show more content on
Helpwriting.net ...
For example, the histories of folk music and the blues reveal that there has always been theft. Once
the artist work is produced, it is in the public domain, and hence, copyright claim does not hold,
since when it comes to cultural influences, ownership is considered as the point of fools. Today, our
culture has been colonized by private "property rights and the only solution for artists who
appropriate other peoples' work rest with the legal concept of "Fair Use" These laws are intended to
allow free appropriation in certain cases of commentary and are the sole acknowledgment within
copyright law of a possible need for artistic freedom and free speech. However, the principle of fair
use is interpreted conservatively and is being held from many "infringers." The law must come to
terms with the difference between artistic intent and economic intent. Artistic freedom is more
important for the health of society than the supplemental and extraneous incomes derived from
private copyright fees. They create art of police and control, since no matter how the original intent
of the copyright laws are, today, they are subverted to censor resented works that suppress the
public's need to reuse and reshape

Copyright Violation Essay
Web Design Copyright Violation Suppose someone is the owner of a website or wants to create one,
and takes designs from websites elsewhere on the Web. Since there is not enough time to make a
complete website, the website is fashioned with designs that are actually taken from other sites. It is
a serious offense, and the owner(s) of the original sites can proceed legally in support of copyright
infringement.
Make an assumption that a company wants to use a third party as an outsource for web design. The
designer might even receive guidance from the company for details, colors, and links for the site that
has been proposed. Frequently the business might not have its design copyrighted and it is
impossible to redesign it with new content because now it is too late. There must be an
understanding by all web designers that the owners of the site own the existing web content, design,
color scheme, and links, and that no other designer may employ them without an agreement in
writing that is signed with the respective owners. ... Show more content on Helpwriting.net ...
The copyright laws also allow the creator to use the same web design or an enhanced version of the
web design for any client they want. Other than deleting the former owner's confidential
information, there is no other restriction that the web designer is subject to.
The copyright laws state that the both the company and web designer can claim the copyright to the
web design, if the design was copied from websites that are unprotected, by the web designer. As is
also allowed by the copyright law, the designer can reuse and make additional improvement to the
web design for any other customer. The fact that there must be the deletion of all the information
that is confidential that has been given up by the last owner, is the only

Advantages And Disadvantages Of Research
Research is essential in academic study to allow a person to build on their existing knowledge.
There are numerous routes to research a subject, each with their own advantages and disadvantages.
For this essay I am going to focus on four methods; internet, text books, television and professional
journals. In modern society a common research tool used is the internet, one if its key advantages is
its accessibility. Most people have access to the internet throughout the day and night; at home, on
the move via mobile phones and tablets, education premises, workplace and public libraries, this
creates flexibility and allows people to research information at a time and place convenient to them.
Another strength is the amount of information ... Show more content on Helpwriting.net ...
The content in text books is generally accurate and of good quality due to it being well researched
itself and being subject to review and quality checks by the publisher. In addition, the format of a
text book makes it easy to locate the information required and simple to book mark key points for
future use. Another strength is the details necessary for referencing the source are clearly presented.
Some disadvantages of using text books are the physical and financial barriers to accessing them.
Copies available in libraries may be limited and the time needed to visit a library could be restricted
by an individual's personal commitments. To purchase a text book can be expensive and often
difficult to source locally. In addition, written sources can become outdated, e.g. new theories and
discoveries could be made which consequently make the content inaccurate or irrelevant. Television
and radio as a research tool can be a welcome alternative to reading. The benefits being that
information displayed in a visual or audio format can in some instances be understood better than on
paper, presented in an engaging manner making it more interesting and holding the viewers'
attention. In addition, radio/podcasts can be listened to whilst additional tasks are completed, e.g.
driving, walking the dog. The negative side being the narrative can be at a fast pace resulting in note
taking being restricted and essential facts not

Plagiarism: A Firm Adherence To Academic Integrity
Plagiarism, as defined by Webster's dictionary, is to steal or pass off the ideas or words of another as
one's own, or using another's production without crediting the source. Plagiarism is not a crime
unless the plagiarism infringes upon a copyright or trademark (legalzoom.com.) The definition of
integrity, as defined by Webster's dictionary, is a firm adherence to a code especially moral or artistic
values. Therefore, the definition of academic integrity is a firm adherence to the academic code and
morality. Collusion, as defined by Webster's dictionary, is a secret agreement of cooperation
especially for an illegal or deceitful purpose.
There are a few different types of plagiarism. Verbatim plagiarism, which is unacknowledged direct
quotation.

Stuttering: A Case Study
Part A.
The four primary guidelines of the fair use principles are outlined below that apply to the case in
question
1. Mr. J's, work on the problems of stuttering which falls under the nature of factual scholarly work.
The book seems to address the subject of stuttering which is a type of speech disorder thus his work
should be categorized as a non fictional research work. Mr. J work can thus be broadly categorized
under the fair use guidelines as experts who work on the subject of stuttering can apply the
knowledge and knowhow to positively improve speech patterns in patients with such speech
disorder.
2. The intention of Mr. J's son purpose behind making his father's book more accessible to the
speech and language pathologist experts is that he hopes that such experts can learn from the work
of his father. Thus helping improve the care provided to individuals with such speech ... Show more
content on Helpwriting.net ...
Mr. J's son wants to share the entire book with speech and language pathologist experts so that the
experts can look at the entire content. Even though the amount of content being shared in this
scenario is quite large this should not disqualify Mr. J's son from fair use of the book as partial
content will not provide any value to the experts.
4. The book was originally published 45 years ago and is currently out of print. By sharing the book
via the web Mr. J's son is in no way shape or form affecting the market value of his father's
copyrighted work or decreasing potential market for the book. His efforts to share the book with
speech and language experts on the contrary could very well improve the potential market for the
book if the book is revived by the current publisher for commercial use.
Based on the above four mentioned fair use guidelines under the copyright act Mr. J's son should
post his father's book on the web. The guidelines act as a litmus test to show that Mr. J's son is
within the bounds of fair use principle and is not infringing on the copyright of the

History Of Copyright Law With Indian Context Essay
HISTORY OF COPYRIGHT LAW WITH INDIAN CONTEXT:
India has one of the oldest academic traditions with formal education finding a place in its ancient
history. The universities of Takshila and Nalandaare great centers of learning in the early world,
teaming with students and teachers from all parts of the world, not to say about the great Gurukul
tradition in the age–old past. However, those are the days when learning was considered as gift of
God, freely received and freely given. Over the centuries, the learning approach gradually changed.
Old traditions paved way for new ones. New economic models and institutional structures emerged.
Concept of copyright in literary works found a place inIndia by the nineteenth century.
India had its first Copyright Law enacted on 18th December 1847 much earlier than many other
countries. The scope of the Act covered books only and no other kinds of creative expressions. It
isinteresting to read the title of that legislation: "An Act for the encouragement of learningin the
territories subject to the Government of the East India Company, bydefining and providing for the
enforcementof the right called copyright therein" .The scope of that Act covered only books and no
other kinds of creativeexpressions. It is, however, remarkablethat the Act provided for compulsory
license to publish a book, which theoriginal publisher had refused to republishso that books in
demand are not withheld from the public. Although suchlegislation existed, the Bombay

Case Study: Business Law
1. Who owns the copyright in the photo of Ms McFamous posing with the portrait of her by Ms
Paints? Explain.
Ms. Celebrity owns the copyright. The general principle is that copyright protects works of artistic
craftsmanship. Owning an original work such as a painting does not mean that you own the
copyright of the work, copyright ownership remains in the hands of the artist unless the work was
commissioned for "private or domestic use", if taken for any other purpose; commercial shots etc.,
then the artist owns copyright unless otherwise agreed. In this case the painting has been
commissioned for "private or domestic use" as it is a self–portrait, thus giving ownership to Ms.
Celebrity.
2. With respect to TON, discuss:
a) Whether TON has ... Show more content on Helpwriting.net ...
3. Discuss copyright in the close up photo Phillip took of the portrait of Mcfamous.
With permission from the copyright owner, Ms Mcfamous, the photo had been taken based on the
principle of fair dealing for review and therefor Phillip is exempt from copyright infringement
providing that acknowledgement is given to the creator and the title of the work.
4. How do you think the legal principles in this topic will apply to your future career?
In regards to my future career, copyrights will be a way to protect my work, and in the sense of
licensing, a way to make money. Copyright gives me the right to reproduce my own work and to
show it publicly. By general principle it's understood that I am the owner of the copyright of my
work unless expressed otherwise by way of; employment, contract, or by commissioning works for
the intention of "private or domestic use". By assigning a copyright to another party in writing I
would be handing over ownership, and by licensing copyright I would be selling some or all of the
exclusive, sole, non–exclusive or implied rights to which common terms would have to be agreed

The Pros And Cons Of Written Falsification
Many individuals consider written falsification duplicating another's work or obtaining another
person's unique thoughts. Be that as it may, terms like "duplicating" and "obtaining" can camouflage
the reality of the offense. Copyright infringement is a demonstration of extortion. It includes both
taking another person's work and lying about it a short time later. Yet, can words and thoughts truly
be stolen? As per U.S. law, the appropriate response is yes. The statement of unique thoughts is
viewed as licensed innovation and is ensured by copyright laws, much the same as unique
developments. All types of articulation fall under copyright insurance as long as they are recorded
somehow, (for example, a book or a PC document). Most instances of literary theft can be
maintained a strategic distance from, be that as it may, by referring to sources. Basically recognizing
that specific material has been obtained and giving your gathering of people the data important to
find that source is normally enough to forestall written falsification. See our area on reference for
more data on the most proficient method to refer to sources legitimately. Unoriginality is viewed as
scholastic untruthfulness and a rupture of journalistic morals. It is liable to sanctions like
punishments, suspension, and even removal. As of late, instances of 'outrageous counterfeiting' have
been recognized in the scholarly community. The cutting edge idea of unoriginality as unethical and
innovation as a perfect developed in Europe in the eighteenth century, especially with the Romantic
Movement. Written falsification is not in itself a wrongdoing, but rather can constitute copyright
encroachment. In the scholarly community and industry, it is a genuine moral offense. Literary theft
and copyright encroachment cover to an impressive degree, however they are not identical ideas,
and many sorts of written falsification don't constitute copyright encroachment, which is
characterized by copyright law and might be mediated by courts. Unoriginality is not characterized
or rebuffed by law, yet rather by organizations (counting proficient affiliations, instructive
establishments, and business substances, for example, distributing organizations). The reuse

Professor Faden: Copyright Case Study
In the defense of Professor Faden, I believe that his video is protected under fair use. The intentions
of the video was to teach others about copyright, and because it was used for educational purposes,
it is completely legal for Faden to have used the scenes from the Walt Disney Studio films. In the
Title seventeen, Chapter one of the United States code, it states that the purpose and character of the
use, including whether such use is of a commercial nature or is for nonprofit educational purposes,
is protected under the fair use doctrine. At Bucknell University, Professor Faden is an English/AV
teacher, which further ... Show more content on Helpwriting.net ...
Therefore, Professor Faden's work is fair use and is considered noninfringing. In order to determine
if something is considered copyright, you must look at the four factors of copyright. Factors that
judges take into consideration when looking at a copyright case is what is the purpose and character
of the work, the nature of the copyrighted work, the amount and sustainability of the portion taken,
and the effect of the use upon the potential market To fully determine if Mr. Faden's work is truly
fair use, we must compare his work to each of the four factors. The purpose of the Fair(y) use tale
video, is to educate people on copyright and fair use in the college setting, which is covered by fair
use since it is being used for educational purposes. The nature of this video is to not cause harm to
Walt Disney Studios' profit in any way, nor would it because the video is not being sold to the public
or for Faden's own personal

The Violation Of Copyright Infringement
On the 26th of June, 2015 the Copyright (Online Infringement) amendment was assented, and came
into effect the day after. The laws that this amendment includes aim to allow copyright holders to
make requests that online locations hosting their copyrighted content be blocked, regardless of if the
websites are hosted on Australian soil or not. The amendment also allows copyright holders to
request that the details of piraters be handed over by Internet Service Providers. However, the
effectiveness of these laws has come into question, especially after the limited usage of the new
laws, especially for perpetrators of copyright infringement. The Copyright Infringement amendment
aims to allow content copyright holders to ask a judge to block ... Show more content on
Helpwriting.net ...
The amendment was then moved to the senate, where it finally passed both houses on the 22nd of
June, after going through three readings in the senate. The amendment was then assented on the 26th
of June, where it came into effect a day later, an unusually quick period of time for an amendment to
come into effect after being passed. For years now, copyright infringement has been a problem not
just for Australia, but for the world. As a result, there was bipartisan support from both sides of
parliament, and the amendment passed with a strong majority behind it. Both parties were keen to
vote for the amendment to be seen by the public as supporting the rights of those who hold
ownership of copyrighted content. Being a form of thievery, many believe that this amendment
should have been passed regardless of any consequences. However, many have criticized the
amendment, believing that the law was not passed with the intention of stopping copyright, but to
create a means for the government to block websites they find troubling, to both their reputations
and operations. Though the general public weren't aware of this, and as such, the amendment
received public support as well, without much criticism. However, there are various different flaws
in the amendment, that were brought up by people against it. Specifically the lack of definition of
many important aspects of the amendment. For example, there is a

How To Say That Music Should Be Aloud To Be Used In...
Music is a very helpful and wonderful thing. The first song ever written was 3,400 years ago. Music
has come a long ways since then obviously. There is all types of music, the main types of music are
blues, classical, country, electronic, folk, and rock and roll. All the artists of each type of music has
worked very hard to record their songs and get them on tape, radio, cd, and record. These artists
songs are often used in advertisement. Some people believe that artists music should be used in
advertisement and some people think otherwise. I believe that artists songs should be aloud to be
used in advertisement with the artist's permission and signature written on a certain contract written
to the artists and advertisers needs.
I believe

Gould V. Peretti Jewelry Company
A copyright is a right granted to an author, composer, photographer, or artist to exclusively publish
and sell an artistic or literary work for the life of the author plus 70 years. The requirement for
something to be copyrighted is originality; copyrighted materials include books, magazines,
newspapers, computer software, graphic art, architectural designs, motion pictures, and sound
recordings. The fair use doctrine allows copyrighted material to be reproduced without permission
only if the use of the material is reasonable and not harmful to the rights of the copyright owner. The
duplication of copyrighted materials for profit is not fair use because it adversely affects the
potential market for the copyrighted work and steals profits from the creator. ... Show more content
on Helpwriting.net ...
The jewelry company reproduced and publicly displayed Gould's photograph, without his
authorization. However, the photograph is still pending U.S. Copyright registration. The picture
featured Elsa Peretti, a longtime collaborator of Tiffany & Co., and the company features the
photograph to sell its Elsa Peretti Jewelry line. Additionally, the company removed copyright
management information on the photograph that could identify Gould as the photographer, which is
a federal offense in violation of the Digital Millennium Copyright Act. Gould claims he is the sole
owner of all right, title and interest in and to the photograph, including the copyright thereto. The
photographer is seeking relief from the court by way of damages and Tiffany's profits for the
infringement, recovery from Tiffany's for the damages, that he sustained and will sustain, and any
gains, profits and advantages obtained by Tiffany due to the removal of the identifying copyright
management information, and statutory

Video Youtube On Youtube And Youtube
Recently, I visited YouTube in an attempt to watch a show that I enjoyed from my childhood. I was
delighted to find that an entire episode of the show had been posted on YouTube, so I added the
video to my queue and planned to watch it at a later time. The next day, I went to go watch the
video. To my surprise, the video displayed a red box with a message that stated that the video was
unavailable. In 2009 you could easily find copyrighted works on the Internet. It was simple to log in
to YouTube and search a movie or television show and watch it in its entirety, the only annoyance
being that it was usually split up into five parts. If you were to try to do that today, you would
quickly realize that you could not find a free version of the show or movie anywhere on YouTube. In
fact, it's quite difficult to find a free version of a large number of copyrighted material online. This is
because websites such as YouTube have updated their copyright infringement policies. But lately it
is the case that it is quite difficult to even find a legal version of copyrighted material. A lot of critics
feel as if online content is being fenced off due to the extreme copyright laws. However, the owners
of the proprietary information feel as if the laws were not in place, they would lose the rights to the
property. To create an ethical balance between those who hold legal rights to proprietary information
and ordinary users who wish to access, share, and communicate that information, it is

Ralph Jones Case
Copyright Concerns
Relevant Facts According to Bartlet (2015), Ralph, an employee at SDX Alliance was to assist in
writing a code. Ralph had previously written a code for a product as an intern for a competitors
company. According to Hartman, DesJardins, & MacDonald (2014), He has normative myopia and
does not think to explain to anyone that he was going to reuse the code from the other company. The
manager suffers from inattentional blindness where the focus is on the advancement that the code
will have on the product that he or she does not ask Ralph any questions (Hartman et al., 2014).
Ralphs action of using the same code became known during a quality assurance process review
(Bartlet, 2015). SDX Alliance many not be able to buy the copyright for the code from the other
company and without the copyright the use of the code is a crime.
Lack of Copyright Knowledge
Being ignorant of the "Laws" is not a valid excuse for Ralph to be excused from legal consequences
of ... Show more content on Helpwriting.net ...
Ralph as an entry–level employee should not have taken it upon himself to write a code that he was
supposed to assist on. A second alternative is Ralph should have spoken up at the time he was place
on the assignment so that SDX Alliance could have contacted the other company and paid them for
the rights of the code. Careful consideration of the facts from the beginning was needed (Hartman et
al., 2014). Ralph speaking up from the beginning would have allowed SDX Alliance the opportunity
to make an ethical decision and allow SDX Alliance to work with the other company. Working with
the other company could have lead SDX Alliance to buy the copyright to the code in a timely
manner, insuring the other company capital it needed, which could have save the other company
from going out of

Canadian Copyright Licensing Agency ( Access Copyright )...
In the case of The Canadian Copyright Licensing Agency (Access Copyright) vs. York University, I
believe that the plaintiff, Access Copyright, will not be successful in their lawsuit against the
defendant, York University.
Access Copyright is a non–profit agency that represents writers and publishers by collecting and
distributing royalty fees on their behalf. Although this is a "non–profit" organization, Access
Copyright does still charge administration fees for their services and enforces a business model that
has worked its way into attempting to monopolize their copyright services by making their presence
mandatory through seeking to implement a permanent tariff for industries to pay if they are not
licensing the rights to copyrighted material through their agency. York University, the defendant, is
one of several Canadian Universities that has been operating outside of the Access Copyright's
temporary tariff since 2011. The wise decision to operate outside of Access Copyright is supported
by the University's proven commitment to ensuring that all access to copyrighted materials for
studying, teaching, and research purposes are being properly used with the appropriate payment to
authors and publishers independently. By ensuring that both the authors and publishers' copyrighted
materials are compensated and all royalties are paid directly towards them this cuts out the need for
a middleman, which in this case is Access Copyright.
On April 8, 2013, Access Copyright

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

Copyrights And Other Legalities. Copyrights Are More Limited
Copyrights and Other Legalities Copyrights are more limited in scope than patents. They protect the
original works of authorship, not the ideas they contain. In the United States, original works include
literary, drama, musical, artistic, and certain other intellectual works. A computer program, for
example, is considered a literary work and is protected by copyright. A copyright gives its owner the
exclusive right to reproduce and distribute the material or perform or display it publicly. However,
copyright law does permit limited reproduction of copyrighted works without the owner 's
permission for "fair use" such as criticism, teaching, and news reporting. In the United States, a
published work must have a copyright notice, the name ... Show more content on Helpwriting.net ...
The creators of works protected by copyright, and their successors (generally referred to as "right
holders"), have certain basic rights under copyright law. They hold the exclusive right to use or
authorize others to use the work on agreed terms. The right holder of a work can authorize or
prohibit: its reproduction in all forms, including print form and sound recording, its public
performance and communication to the public, its broadcasting, its translation into other languages,
and its adaptation, such as from a novel to a screenplay for a film. Similar rights that the right
holders may hold are: fixation (recording) and reproduction are granted under related rights. Many
types of works protected under the laws of copyright and related rights require mass distribution,
communication and financial investment for their successful disseminations (for example,
publications, sound recordings and films). Hence, creators often transfer these rights to companies
better able to develop and market the works, in return for compensation in the form of payments
and/or royalties (compensation based on a percentage of revenues generated by the work). The
economic rights relating to copyrights are of limited duration as provided for in the relevant World
Intellectual Property Organization (WIPO) treaties beginning with the creation and fixation of the
work, and lasting for at least 50 years after the creator's death. National laws may establish longer
terms

Copyright And Patients Act 1988
There is lots of laws over the world and one very important one for images and photographs is the
copyright and patients act 1988 this act gives the person that created the image full copyright of it as
they created the image so they have the full rights for their image which means how it is used and
distributed. The law was invented around the same time that the photocopiers came out which meant
that machine allowed people to copy other people's work so they created the law so that they could
not copy anyone's work without their permission. The person that created the work will be able to
have their work protected for 70 years from the date they have died. If you take someone else's work
and copy it or slightly change it you are breaking the law and you can sued for doing this through a
court which you can receive a fine which can be up to £5000 from multiple fines from different
offences or imprisonment which could have the maximum term of 3 years or more. ... Show more
content on Helpwriting.net ...
The copyright act is a good idea because it means the owner will get full credit for the image and not
someone else who has stolen the image. If you have seen an image that you would like to use but it
is protected by copyright you will have to ask for their permission to use the image first before you
just take it as this is breaking the law and there can be some serious

Three Major Performing Rights Organizations
Three major performing rights organizations exist in the United States: the American Society of
Composers, Authors and Publishers ("ASCAP"); Broadcast Music, Inc. ("BMI"); and SESAC, Inc.
Michael R. Cohen, 25B WEST 'S LEGAL FORMS, INTELLECTUAL PROPERTY § 23:22 (2014)
("Since it would be virtually impossible for publishers or songwriters to monitor and control the
large numbers of users of their songs, the enforcement and control of such performance rights
usually falls to one of three performing rights organizations ....").
American Society of Composers, Authors and Publishers, Comment Letter Regarding Review of the
ASCAP and BMI Consent Decrees (Aug. 6, 2014),
http://www.justice.gov/atr/cases/ascapbmi/comments/307803.pdf [http://perma.cc/PH2C– F8ZX]
[hereinafter ASCAP Comment]. BMI was created in 1939. See Broadcast Music, Inc., Comment
Letter on Review of in United States v. Broadcast Music, Inc. (Aug. 6, 2014),
http://www.bmi.com/pdfs/advocacy/bmi_public_comments_to_doj.pdf [http:// perma.cc/UEQ6–
JHKV] [hereinafter BMI Comment]. See About Us, SESAC,
http://www.sesac.com/About/About.aspx [http://perma.cc/6XCC–PYSJ] (last visited Oct. 2, 2015).
See Meredith Corp., 1 F. Supp. 3d at 188. Individuals and entities are still free, however, to obtain
"direct licenses" straight from the copyright holder and/or "source licenses" sold directly from the
song 's producer. Id. at 190. See, e.g., Noel L. Hillman, Intractable Consent: A Legislative Solution
to the Problem of

Crown Awards, Inc. V. Discount Trophy & Co., Inc. Essay
Crown Awards, Inc. v. Discount Trophy & Co., Inc.
U.S. Court of Appeals, Second Circuit
2009 U.S. App. Lexis 8540 (2009)
Material Facts of the Case:
Crown Awards is a retailer of awards and trophies sold through mail order catalogs and via the
Internet. Crown designed and sold a diamond–shaped spinning trophy for which it owned two
copyright registrations. Discount Trophy is one of Crown's competitors, and it sold a trophy that was
substantially similar to Crown's Spin Trophy. Crown requested that Discount discontinue the sale of
the alleged copy, and when Discount refused, Crown filed suit in the Southern District of New York.
Legal and Ethical Issues of the Case:
In order to prevail on a claim of copyright infringement, a ... Show more content on Helpwriting.net
...
"We have held that where the works in question are 'so strikingly similar as to preclude the
possibility of independent creation, copying may be proved without a showing of access.'" In some
cases, the similarities between the plaintiff's and defendant's work are so extensive and striking as,
without more, both to justify an inference of copying and to prove improper appropriation. If a
plaintiff demonstrates actual copying through proof of a reasonable possibility of access and
similarities probative of copying, however, it can prevail on its infringement claim by demonstrating
that defendant's work is "substantially similar to that which is original in the plaintiff's expression."
With "inexact copies," this assessment proceeds by a comparison of the "total concept and feel of
the contested works" as "instructed by common sense." The court must "analyze the two works
closely to figure out in what respects, if any, they are similar, and then determine whether these
similarities are due to protected aesthetic expressions original to the allegedly infringed work, or
whether the similarity is to something in the original that is free for the taking."
Rules and Rationale Utilized by the Court to Resolve the Dispute:
The district court found that Crown owned a valid copyright in its diamond–shaped spinning trophy
and that Discount had access to Crown's design through its receipt of Crown's 2006 catalog and its
monitoring of Crown's products. The district court

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