Gould V. Peretti Jewelry Company

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
... Get more on HelpWriting.net ...

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

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

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

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

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

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

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

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

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

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

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 Helpwriting.net ...
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

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 YouTubeand 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 theircopyright 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

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 Helpwriting.net ...
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

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 В§ 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

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

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

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

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

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 ofcopyright 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.

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

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,

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

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

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

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

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

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 ВЈ5000 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

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 thecopyright 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

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

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

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

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

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

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.

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 WorldIntellectual 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

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

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

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

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