This document discusses legal issues related to communication, including copyright and contracts. It provides information on copyright including what can be protected by copyright (original works but not ideas), who owns the copyright, the duration of copyright, and exceptions and defenses to copyright infringement including fair use. It also discusses related issues like passing off and intellectual property. The document outlines important considerations for contracts, including offer, acceptance, and consideration. It notes that contracts govern agreements and breaches can be legally enforced.
Notes and tips on Australian defamation law and defences. A guide for journalists and communication professionals who want to stay out of legal trouble around libel issues.
Communication, contempt and privilege 2013 Martin Hirst
A lecture for journalism and media students on the Australian contempt of court laws, privilege and freedom of speech.
It covers contempt of court, the rights and responsibilities of the media in reporting on and about the legal system and explores absolute and qualified privilege
Information on avoiding slander and libel claims. Provides a general overview of the law of defamation and invasion of privacy, with tips to avoid such claims.
Notes and tips on Australian defamation law and defences. A guide for journalists and communication professionals who want to stay out of legal trouble around libel issues.
Communication, contempt and privilege 2013 Martin Hirst
A lecture for journalism and media students on the Australian contempt of court laws, privilege and freedom of speech.
It covers contempt of court, the rights and responsibilities of the media in reporting on and about the legal system and explores absolute and qualified privilege
Information on avoiding slander and libel claims. Provides a general overview of the law of defamation and invasion of privacy, with tips to avoid such claims.
This presentation is for use when covering media law in an introductory mass media course. Includes laws impacting the media, new laws, legal changes, definitions of laws, controversy, 1st amendment laws.
"A person has a right to speak freely, but at the same time it comes with certain restriction." A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule or to injure him in his trade, business, profession, calling or office, or to cause him to be shunned or avoided in society for maintaining a suit for a defamation it is necessary that the plaintiff must have suffered some injury to his reputation.
Learning Objective: Develop an understanding of how an invention can be protected.
At some point in your life, a light bulb above your head shines bright, as you believe you’ve come up with something brilliant, namely an invention. But what now? How do you protect it?
Whether you want to produce and market your invention on your own, or license it to another company, the only way to profit from your invention and to guarantee that no one will steal your idea is to seek patent protection. This seminar will help you gain an understanding of patents and the process of pursuing patent protection of your inventions.
At the end of this seminar, participants will be able to:
a. Explore the pros and cons of pursuing patent protection.
b. Understand the patent application process.
c. Identify options for patent monetization.
This presentation is for use when covering media law in an introductory mass media course. Includes laws impacting the media, new laws, legal changes, definitions of laws, controversy, 1st amendment laws.
"A person has a right to speak freely, but at the same time it comes with certain restriction." A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule or to injure him in his trade, business, profession, calling or office, or to cause him to be shunned or avoided in society for maintaining a suit for a defamation it is necessary that the plaintiff must have suffered some injury to his reputation.
Learning Objective: Develop an understanding of how an invention can be protected.
At some point in your life, a light bulb above your head shines bright, as you believe you’ve come up with something brilliant, namely an invention. But what now? How do you protect it?
Whether you want to produce and market your invention on your own, or license it to another company, the only way to profit from your invention and to guarantee that no one will steal your idea is to seek patent protection. This seminar will help you gain an understanding of patents and the process of pursuing patent protection of your inventions.
At the end of this seminar, participants will be able to:
a. Explore the pros and cons of pursuing patent protection.
b. Understand the patent application process.
c. Identify options for patent monetization.
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission.
Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws.
A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand.
This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
Part of the webinar series: INTELLECTUAL PROPERTY 101 - 2022
See more at https://www.financialpoise.com/webinars/
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission. Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws. A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand. This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-trademarks-2020/
Barnes & Thornburg LLP - Intellectual PropertyNAWBO Atlanta
Jason Bernstein & Felicia Boyd, Partners at Barnes & Thornburg LLP, share an Overview of Intellectual Property with NAWBO Atlanta at our October 9 monthly luncheon. We discussed how to understand your IP rights and how to protect your business's innovations, designs, and brands.
This short presentation is an anthology of intellectual property law. As a student, creating this presentation has helped me learn; I hope it helps you too. It is unfinished, and there is always more to know.
Copyrights, Patents, and Trademarks...Oh My! (Series: Intellectual Property 101)Financial Poise
It has been said that a copyright attaches when the “pen hits the paper” (when an original work is created and “fixed” in a particular expression) but that doesn’t mean the analysis of what a copyright is and what it protects ends there. A copyright is a valuable piece of Intellectual Property that protects many types of original works, not just artistic, literary, or musical works. Copyright laws are intended to “feed the artist” and give owners the right to reproduce their works and prevent others from doing so without the owner’s permission.
Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws.
A trademark—whether a word, slogan, design, color, color combination, overall look or feel of an item or its packaging, or even a sound —enables customers to identify the source of goods or services. As such, companies should understand the benefits and pitfalls associated with U.S. trademark laws if they ever hope to develop a successful brand.
This webinar discusses the so-called “nuts and bolts of copyright law” beginning with what exactly is a copyright, how to protect a copyright, and finally how to enforce a copyright. It also breaks down U.S. patent laws into the nuts and bolts. It discusses the types of inventions that can receive protection, as well as the extent of U.S. patent protection. Finally, this webinar examines how trademarks are created and maintained, various methods of trademark protection, rights conferred by trademark registration, and steps for enforcing trademarks in the U.S. in the brick-and-mortar marketplace and online.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/copyrights-patents-and-trademarks-oh-my-2021/
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
June 18, 2014 Copyright and Digital Scholarship Session for the Emory Center for Digital Scholarship's HBCU Summer Institute for Digital Scholarship - https://scholarblogs.emory.edu/hbcuinstitute/
Similar to ALJ724 2013 legal issues across communication 1: Copyright (20)
Freedom of the press is not the same as freedom of expressionMartin Hirst
This lecture discusses the concepts of freedom of expression, freedom of speech and freedom of the press. I argue they are not the same thing. I also talk about freedom of speech and freedom of the press under capitalism and conditions of class struggle. I am a Marxist, after all.
The ethico legal paradox and Harry Hotpants in Las VegasMartin Hirst
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Overview of the journalism job market - where jobs are and what editors want to hire.
Based on a sample of 257 journalism job ads from USA, Canada, UK, Australia & New Zealand in Sept-Oct 2010.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
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2. COPYRIGHT
• COPYRIGHT BRIEF
• 1. HAS THERE BEEN COPYING? A “substantial part”
needs to have been copied, NOT the entire work.
• 2. WHO IS THE CREATOR OF THE “WORK”?
• 3. HAVE THE RIGHTS BEEN SOLD, ASSIGNED,
LICENSED?
• 4. IS THERE A CONTRACT?
• 5. IF NOT, WHAT DID THE PARTIES INTEND?
3. COPYRIGHT
• Competing aims:
• The right to get value from things you create - The
right to access and use things that other people
have created
• Copyright law developed worldwide – global trade
and commerce has meant it had greater priority
for governments than some other areas of the law
• Copyright will only exist for a set period of
time – after this access unrestricted
4. COPYRIGHT
OF STUFF
• Copyright only applies to tangible things
• So ideas, styles, techniques cannot be protected
by copyright – as well as FACTS and
INFORMATION
• Copyright protects “WORKS” – like writing, artistic
works, music, computer programs, film/video,
photos, broadcasts, performances
• “Moral rights” also now protected – right to be
acknowledged as the creator of the work etc.
5. COPYRIGHT –
DURATION
• Copyright expires at different stages for different
‘works’:
• 70 years after the death of the creator of a literary
work or photographic work
• 70 years after sound recordings or films first
published
• 50 years after first radio or TV broadcast
• 25 years after the first edition of a published work
6. COPYRIGHT
• Important for media practitioners and creators of
work in two ways
• They need to know what the rules and costs are
for using material (word, photos, video etc) that
has been created or is owned by others
• Particularly important in the online digital age of
‘user-generated’ ‘citizen’ content
• They also need to know what their own rights are
if others use their work
7. COPYRIGHT
• Copyright treats works as a commodity – a valuable
possession – as with all possessions these can be
bought or sold, leant, given away
• Australian copyright law is contained in the
Copyright Act 1968 + amendments .
• It is a Commonwealth law
• It involves civil AND criminal law
• The Australian Copyright Council
http://www.copyright.org.au/
8. COPYRIGHT – WHEN COPYING IS OK
• 6. IS THERE A DEFENCE?
• “Fair dealing”
• S.41 defence covers reproducing original material
for criticism or review
• S.42 covers reproducing material in order to report
the news.
• In both cases, “sufficient acknowledgement” must
be given to the owner of the work.
• And the amount copied must be “fair”
9. COPYRIGHT-RELATED ISSUES
• PASSING OFF
• Applies to an individual or business
misrepresenting itself as someone else’s
business or personality or misrepresenting
endorsement from someone else’s business or
personality - and gaining custom, trade or
goodwill as a result.
10. PASSING OFF
• Key elements:
• they must have a reputation or personality that
has some value
• a business or individual must be taking
advantage of this without permission
• the passing off must cause some damage to
the owner – either financial loss or damage to
the image or reputation that is being exploited
11. INTELLECTUAL PROPERTY
• Register with ‘Intellectual Property Australia’:
• DESIGNS – to protect “the overall appearance of the
product resulting from one or more visual features”
• TRADE MARKS – to protect “a sign used, or intended
to be used, to distinguish goods or services dealt with
or provided in the course of trade”
• PATENTS – to protect inventions of products or
processes
12. COPYRIGHT - CHECKLIST
• 1. WHO IS THE OWNER OF THE “WORK”?
• Who is the “creator”?
• 2. HAVE THE RIGHTS BEEN SOLD, ASSIGNED,
LICENSED?
• Is there a contract?
• For freelance journalists – usually retain the
ownership of copyright but allow use
• For employed journalists - where the work is done
in the course of an employee’s usual duties, the
employer owns copyright
13. COPYRIGHT - CHECKLIST
• 1. WHO IS THE OWNER OF THE “WORK”?
• Who is the “creator”?
• 2. HAVE THE RIGHTS BEEN SOLD, ASSIGNED,
LICENSED?
• Is there a contract?
• For freelance journalists – usually retain the
ownership of copyright but allow use
• For employed journalists - where the work is done
in the course of an employee’s usual duties, the
employer owns copyright
14. COPYRIGHT - PENALTIES
• In Civil cases:–
• Damages – compensation for the unlicensed use of
the material
• Injunctions – orders to stop more copying
• Account of profits – handing over the profits made
by the illegal copying
• Orders for ‘delivery up’
• In Criminal cases:- fines and imprisonment
15. COPYRIGHT – THE FUTURE
• In the digital internet age, copyright laws are
facing significant challenges
• The basic rule is that linking is not copying
• BUT- consider Youtube and video sharing sites,
Limewire and audio sharing sites
• The increasing use of ‘user-generated’ or ‘citizen’
content in news coverage – who owns it? Who can
use and re-use it?
• The availability of photos and video on social
networking sites like Facebook
16. COPYRIGHT – THE FUTURE
• New laws to protect digital rights, video games,
artistic rights have been developed
• BUT – enforcement against individuals is rare
and is difficult
• New websites and copying can occur quicker
than the law can catch up
• Social network sites put the responsibility on
the user to ensure copyright is their’s
17. CONTRACT LAW
• Contracts govern many parts of daily life
• Definition – “An agreement between two or more
parties that deliver a service, benefit or goods in
exchange for something”
• Best in writing because they are more certain, but
can be verbal or by custom and practice
• Legal advice is recommended
18. CONTRACTS
• Three essential elements: Offer, Acceptance and
Consideration
• Offer – one of the parties needs to make a clear
offer to deliver or perform a service, benefit or
goods
• Acceptance – the offer must be accepted on
agreed terms. Partial acceptance or conditional
acceptance varying the terms of the original offer
will not constitute acceptance
19. CONSIDERING A CONTRACT?
• Consideration – there must be something of
value or benefit given in return for the offer of
services or goods. This is often money, but can
be other things such as payment in kind.
• Intention can also be important – both parties
need to be clear they are entering into a binding
agreement
20. CONTRACT ON YOU
• Once a contract is recognised by the courts as
existing, it is legally enforceable
• Failure by either party to deliver their side of the
bargain can lead to legally enforceable
consequences
• Either to enforce the terms of the agreement or
to provide compensation or damages for
“breach’ of the terms of the agreement.