...Legal Concepts Worksheet Concept Application of Concept to the Issue of Downloading Reference to Concept in Reading The Law of Property – Intellectual property law Property is one’s legal right to exclude others from various resources due to the ownership of those resources. With the rise of e-commerce and the increase of music sales or downloads online, the law of property can be applied. Music producers consider their music their property and protect them from public use and public download. The law of property “establishes private exclusive rights in resources. It is through the law of property that individuals and business organizations can possess, use, and transfer their private resources” (Reed et al, 2005). “Intellectual property laws arose out of the common law, but they also reflect constitutional and statutory adoption. Article I, Section 8, of the Constitution grants the power to Congress “[t]o 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.”” (Reed et al, 2005). Legal regulation as a source of value for business ethics When downloading music online, there is a thin line between what is ethical and what is legal. Transferring of music downloaded from a website, even if paid for, can be unethical. At the same time, it can be considered illegal practice. For example, if I download a song from the internet and pay five dollars for...
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...Ethics and Intellectual Property Ethical issues regarding intellectual property repeatedly arise in today’s world. Intellectual property (IP) refers to creations of the mind, such as inventions, designs, artistic and literary works, as well as symbols, images, names used in commerce. The law protects IP with patents, copyright, and trademarks, all of which are legal means that are there to assist the creator in protecting unique ideas, inventions, and other non-tangible property and as well as giving the opportunity to receive recognition or financial benefit for what they invent or create (World Intellectual Property Organization, 2014). Intellectual property affords competitive advantages to a company. “Defining IP as an asset aims to provide it the same protective rights as physical property. Obtaining such protective rights is critical as it prevents replication by potential competitors - a serious threat in a web-based environment or the mobile technology sector” (Cohen, 2011). One such case, where patents were violated was a lawsuit brought on by Apple against Samsung. In 2012, a U.S. jury found Samsung guilty on six out of seven accounts of violating patents Apple had filed. Four of the claims were regarding design patents, “related to the appearance of the iPhone (the use of white and black on the devices and the rounded edges on the user-interface icons, which Samsung was found to have violated, and the tablet computer’s rectangular design, which Samsung did not violate)”...
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...Week 3 Jan McKenzie, Jeremy Sawyer LAW/421 December 9, 2013 Aretha Somerville LT A Reflection Week 3 In the second week, one of the topics covered was the area of copyrights. These were basic rules and regulations brought about to help protect an individual or business’ intellectual property. The advent of cyberspace brought about further issues that forced Copyright Laws to adapt to the rapid changes technology brought with it. To begin with, one team member looked at the origin of copyright law. Its creation in 1976 was to protect the “rights of literary property as recognized and sanctioned by positive law.” (Melvin, 2011, p. 612). It protects authors, songwriters, musicians, and any other owner of original literary or artistic production of having their work copied without some compensation. In order for something to be copyright protected, the property in question must be original, creative and fixed in a durable medium such as a book or digital media. The rise of file sharing was an interesting area to examine as it forced copyright law to evolve in order to cover the internet and the challenges it brought with it. The ability to share files in a peer-to-peer format saw a lot of copyrighted items, primarily MP3s at first, to be shareable between users of the internet. This brought about the passing of the Digital Millennium Copyright Act (DCMA) in 1998, which, according to Melvin, 2011, “an attempt to modernize copyright law to deal with the new challenges that...
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...Copyright Implications IT236 Intro to Web Design I This was an interesting paper for me to write as I had never thought of copyright and websites or affecting websites. Now that I have been taking and studying this class, I now realize the importance of copyright and how it affects the creation of a website, especially with all the hard work involved. Creating a website not only involves the creation, idea but all the hard work invested in it. This is were it is important to protect your website by implementing one of the two methods of protection which happens to be copyright. This is the primary source for legal protection, which is the most popular form of protection in use today. It is the easiest and most popular form of protecting ones website as it involves three items that have to be considered like ownership, notice and registration. You can’t use the work or image of someone else to create your own which is the same, as you cannot use another’s copyrighted work. This is as the copyright owner has rights not only for his work but also on any derivative works, which is created, based on the original work. The implications of copyright law is that it tis the legal use of the owner of a website that his website images aren’t copied or used by anyone else. Some components of copyright law include financial incentive, fair use of the website, the public domain, advances in technology and of course register copyright. It is very important that someone does copyright...
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...Copyright and Book Piracy in Pakistan Khalid Mahmood Department of Library & Information Science, University of the Punjab, Lahore Muhammad Ilyas Department of Library & Information Science, University of Balochistan, Quetta Copyright Defined Copyright is a legal term describing rights given to creators for their literary and artistic works. Kinds of works covered by copyright include: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. Legal Definition of Copyright According to The Copyright Ordinance, 1962 The exclusive right to reproduce the work in any material form to publish the work to perform the work in public to produce, reproduce, perform or publish any translation of the work to broadcast the work to make any adaptation of the work Book Piracy Deliberate infringement of copyright on intellectual property and an absolute disregard for ownership or authorship of literary works OR Using another person’s opinion, ideas or works as if they were one’s own and without making any attempt at acknowledging their true source The Berne Convention Adopted by an international conference held in 1886 at Berne, Switzerland 8th amendment in 1979 Salient features: National treatment ...
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...online is the same as shoplifting a video tape, book, or computer program from a department store. Through a loophole in the law, however, copyright infringers who intentionally pirate works, as long as they do not do so for profit, are outside the reach of our nation's law enforcement officials. In 1997 President Bill Clinton introduced the No Electronic Theft Act (NET), which allows criminal enforcement against people who have no profit motive in the infringement. HR 2265 was viewed as a closing a loophole in the criminal law. Under the old statutory scheme, people who intentionally distributed copied software over the Internet did not face criminal penalties as long as they did not profit from their actions. The act was strongly backed by the software and entertainment industries but opposed by library and academic groups. The No Electronic Theft Act, as its name suggests, was enacted to criminalize the violation of copyrights through the posting of copyrighted materials on the Internet. The posting of a work on the Internet makes it extremely easy to access, read and copy that work. Because of the popularity of the Internet, moreover, any single copy of a work that is posted on the Internet could be read and copied many times over each month. Copyright law establishes rights for both copyright holders and for purchasers of copyrighted works. A copyright holder has five exclusive rights. The rights to copy, duplicate, transcribe or imitate the work in a fixed form. The right...
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...TOPIC: NEGOTIATING AND DRAFTING ENTERTAINMENT CONTRACTS AND THE EFFECTS OF PIRACY OCCASION: 26th Workshop, organised by LawQuest Ltd. PRESENTER: Francis Oseloka Nzekwu Esq. (Head of Legal Unit, National Film and Video Censors Board) VENUE: Alhaji Shehu Musa Yar’ Adua Center, Abuja, Nigeria DATE: 19th – 20th September, 2007 INTRODUCTION Entertainment law is primarily made up of contract law and intellectual property law, the industry covers mostly fields that offer entertainment as a primary product. Fields such as film, music, fine arts, dance, literary publishing, Broadcasting, sports etc. They all share a common interest of profiting from creative works or services provided by artists. Much of work of entertainment law practice is transaction based. Litigations often occur as a result of common and recurring mistakes that are made during negotiations and drafting. In the entertainment industry hundreds of legal relationships are created every day and having a sound knowledge of common issues in the industry is critical in negotiating a deal and drafting a good contract. CONTRACTS IN THE ENTERTAINMENT INDUSTRY Personal Service Agreement (PSA) Promoting a product or a service involves investing a lot of time and money, with the expectation of return on investment. The possibility that the product or service will not achieve the expected success or any success at all introduces a risk factor. A great majority of artists do not have the...
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...other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields” ("Intellectual Property and Legal Services"). There is a distinct difference between traditional property laws and intellectual property laws. Property laws would give rights to the sole owner of an object such as a car. When the owner is driving the car no one else can drive the car. In regards to intellectual property the law allows other individuals to make use of the idea or invention as long as they have met the requirements, usually in the form of payment for the right. The idea of protecting one’s ideas has deep reaching roots that stretch back to the 17th century. Philosopher John Locke promoted intellectual property law with his idea “that a person should enjoy the fruits of his labor” ("Intellectual Property and Legal Services"). Protection for ideas were spread throughout Europe and when the pilgrims settled the now United States they brought these ideas with them. After the original colonies won their independence from England they enacted their own intellectual property laws. Initially each colony, after enacting the United States Constitution, had their own versions of copyrights and patents. This presented a problem because one patent or copyright would not be...
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...Intellectual Property Law Embry Riddle Aeronautical University Abstract Intellectual property law is vital to protecting the rights of creative individuals and their realized ideas. Most countries around the world protect the intellectual property of authors, inventors, and artists, in some similar form whether it is copyright, trademark, or other sources of protection. The topic of discussion herein explores intellectual property law in America and the protections afforded to unique works and their creators here at home. Research was conducted using web-based resources made accessible to the public by prestigious universities such as UC Berkley and Cornell. The findings revealed a substantial legal framework of protection for authors, creators, and inventors of industrial, literary, scientific, and artistic works. Rights Protected by Intellectual Property Law Intellectual property refers to creations of the human mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Exclusive rights protect the intellectual property and owners under corresponding categories of law. This law encompasses the legalities of copyrights, trademarks, patents, industrial design rights, and trade secrets. Legal property rights are defensible in a court of law, and are further defined by article 9 on the Uniform Commercial Code (U.C.C). To expand on creations of the human mind, intellectual property is further broken down into two categories:...
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...Copyright plays a large role in that future (“the past is always trying to control the future” (Gaylor, RIP! A Remix Manifesto)).It is only normal for society to build off the past it is something humanity has been doing since the dawn of the Neanderthal. However, copyright is now infringing on that possibility posing as a serious problem due to the length of copyright protection, which for most works is now from the creation of the work until 70 years after the author’s death (UScode.house.gov, Title 17, Section 302). Although, within the copyright law lies fair use, which is essentially a defence to copyright infringement permitting the copying of short excerpts from a copyrighted work without a license. Naturally you think would think of this as a positive loophole in copyright law, but you would be wrong. Copyright owners set up boundaries for fair use and narrow them down as much as possible in order that nothing can be reproduced without a licence. "Even minute excerpts from a film cannot be reproduced without a license...The copyright term should be shorter" (Becker, 3). Making for the future to become owned by mega corporations who purely have the right to such...
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...MEMO TO: Social Media Team DATE: November 15th, 2015 SUBJECT: Changes in blogging mandate After much consideration, it has been decided on behalf of the Public Relations department that it is in Tech Garden’s best interest to implement a legal regulation check for our firm’s blog. An arrangement with an attorney has been made in order to maintain our continuous lack of legal strife. While we recognize that this adjustment may impact the initial quality of the blog’s content, we feel it is important to demonstrate our commitment to practicing CSR policies and keeping a safe community. This new mandate will in turn lower the risk of any litigations and reduce exposure of liability. Beginning next month, a draft of your blog entries will be screened by an appointed attorney before being approved for publishing. This process will include filtering out any traces of the following: * Defamation of any persons, corporations, or products * Copyrighted or trademarked work * Invasions of privacy * Demonstrations of legal and regulatory neglect * Disclosed information * Discovery disasters Although we understand that not many corporations feel the need to execute the use of a litigator for social media purposes, we want you to understand that they will serve as a collaborator in our competitive advantage over other firm’s. Not only is it internally important for us to have a sense of ethics in our day to day activities, it is vital for the readers...
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...1 Index Importance of Legislative and Ethical Issues in Research and Written Communication Plagiarism • What? • Why? • What is Plagiarism • Example of Plagiarism • Case 1 & Case 2 with Outcome • Definition • Examples of IPR • Case 1 & Case 2 with Outcome Intellectual Property Rights Ethical Issues • Definition • Examples of Ethical Issues • Case 1 & Case 2 with Outcome • Definition of Copyright Law • Brief History of Copyright Law • Example Cases of Copyright Law with Outcome • Definition of Privacy Law • Example case 1 and Case 2 with Outcome Copyright Law Privacy Law References • References Used 2 What is Ethical Issues in Research? Ethical issues in research arise on how the researchers carry out their studies and the interpretation on the moral of the problem and their presentation (Creswell,2003). 3 The purpose of the Research need to be communicated to the participants. (Creswell, 2003) Why? This will protect the subject being researched from any harm Make sure that everyone involved have shared enough knowledge. 4 The research problem being identified is important to have one that will benefit everyone being studied.(Creswell,2003) Why? Make sure that researchers have no irrational , unsafe or selfish demand made by them 5 Participant should never be put at risk and their right should always be protected. (Creswell, 2003) Why? To show respect to those who will take part in research....
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...children into unknowingly committing plagiarism every year. Students do not understand what the act of plagiarism is and how it impacts not only them, but other students as well. Plagiarism is “to steal and pass off (the ideas or words of another) as one's own, to use (another's production) without crediting the source, to commit literary theft, or to present as new and original an idea or product derived from an existing source.”( http:plagiarism.org / What is Plagiarism?) Students think it’s just copying or borrowing, but it’s much more serious. The doubt may come into mind of whether words or ideas can really be stolen. The U. S. Government says that in accordance with copyright laws these words and ideas are “intellectual property” (http:plagiarism.org / What is Plagiarism?) and are protected under these laws. Almost anything where it can be questioned if it’s ok to do is plagiarism. “Turning in someone else’s work, copying words from someone without giving credit, failing to put a quotation in quotation marks, giving incorrect information about the source of a quotation, changing words but copying the sentence structure of a source without giving credit, copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not,”( http:plagiarism.org / What is Plagiarism?) all of this is plagiarism. Because plagiarism is such a broad umbrella of offenses, students think it is hard to make sure they don’t do it, but it is really...
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...Investment Firm Investment Firm – Legal Issues Question 4 Contract Law Major issues faced by the U.R.E Investment Firm LLC in relation with contract law are lack of proper terms and conditions, lack of importance of health and security of the employees, and one of the most important issue is companies sometime when entering into any contract do not make anything in writing these are some major issues faced by the country in relation with the contract act. A contract is an agreement enforceable by law. Every time an agreement is considered binding and enforceable by the court in the sense that no one can be prosecuted, the agreement is a contract. So while making any contracts these rules should be properly followed, they are informal, oral or written or implied behavior. It must meet the following conditions: Offer and accept unconditionally. Valuable consideration. Authentic consent. The parties must have the capacity to enter into contracts. In the Household Registration Law (a person's residence is the country in which he lived with the intention of permanently stay there) this universal jurisdiction (Glick 2003, 85). Types of contract which should be performed with suppliers, customers and employees are Contract by record These obligations are based on court records, the records of the condition. They are not the real contract, the obligations of the parties arising from the court records of any agreement into a separate reason and only. They can through the...
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...Contracts and licenses Contracts and licenses are not themselves intellectual property and are generally considered to be a distinct discipline, not part of the same area of law as intellectual property. Nevertheless, contracts are essential to our system of intellectual property. They are the means by which you share intellectual property. Contracts and licenses are the means by which people let their intellectual property out in a controlled way. Importance Normal people interact with contracts on a daily basis. There are contracts for cell phone service, contracts for parking your car, and contracts for starting a job. Each time you pay with a credit card, you are entering a contract. Contracts are also everywhere in the business world. Contracts are used to buy office supplies, arrange loans, sell assets, and enter partnerships. In one way of thinking, the only way for a corporation to interact with the world is through the language of contracts. That is because contracts are just agreements. People sometimes think of “contracts” as something official, whereas “agreements” are something less. This is not the case. Any binding arrangement is a contract under law and will be subject to the legal system. When dealing with intellectual property, we make agreements about how that IP can be used.These agreements, called licenses in this context, are contracts. You see these licenses all the time when you enter the world of software. For consumer-oriented or open...
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