...Introduction: Intellectual Property and The Copyright Industries in the Digital Age. Intellectual Property is the expression of an idea in the form of a material. Any product that is distinguished with its unique value becomes entitled to a protection by law. There are three different types of intellectual protection; patents for inventions, trademarks for names, logos, devices and etc. that are used in trading and lastly copyrights to protect copyright owner’s work from infringement securing exclusive rights to reproduce, to distribute and to obtain commercial profit. However there are four stages that each work has to proceed to qualify for the copyright protection; 1. According to the section 1(1) of Copyright Designs and Patents Act (CDPA) 1988, the product must fall in one of these work categories: - Primary Works: Literary Works, Dramatic Works, Musical Works and Artistic Works - Secondary or Derivative Works: Sound Recordings, Films, Broadcasts and Published Editions. 2. The expression of the idea in other words the creation must be in a recorded form. This only applies to the works of literature, drama and music. 3. Works must be “original”. Originality is measured by skill, effort, talent and labour put in to the product during the creative process. 4. The author and the work must show a sufficient connection to the UK to gain protection under UK law. All of the businesses that exploit a commercial...
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...Intellectual Property -Music and Art and Fair Use BUS311: Business Law I (BAI1414A) 4/20/2014 Philosophers have barely taken an interest in the ethics dealing with intellectual property, this despite societies continued debate over “fair use” of copyrighted materials. We justify copy and paste forgoing old set standards of how we give credit for intellectual achievement in lieu of convenience. One has to wonder as technology continues to advance and copyrighting laws become diluted that music and art available via the internet will be of any commercial value. Intellectual Property-Music and Art and Fair Use I. Intellectual Property a. What is IP? b. How has technology affected IP? c. What laws protect IP? II. Music & Art work a. How has broadband changed the music industry? b. How is it so easy to copy and paste someone else’s work? 1. Does citing a source give one the permission to use? 2. What laws govern copyright? III. Fair Use a. What is fair use? b. How does fair use fit with copyright law? c. How does the court know if a use is fair? . IV. Moving forward a. Advancing Technology vs. Copyright laws b. Artistry vs. Commercial reward What is Intellectual Property? Intellectual Property By definition intellectual property IP, is all products derived of human intellect that the law protects from unauthorized usage. Ownership creates a limited monopoly innately...
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...Anders 12/6/2010 German Copyright The Anglo-American Copyright is a set of exclusive rights granted by the law to the author or creator of an original work, including the right to copy, distribute and adapt the work, except that it does not protect ideas, only their expression or fixation. Copyright laws are partially standardized through international and regional agreements such as the Bern Convention, the World Intellectual Property Organization, and the European copyright directives such as the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Although there are consistencies among nations' copyright laws the latter one emphasizes the recognitions of moral rights of creators, such as the right to be credited for the work. In 1902 a law in Germany adapted which said that the approval of each author is required for every public performance of the musical work. The Society for Musical Performing and Mechanical Reproduction Rights (GEMA) was established as a collecting society representing the rights of the copyright of those composers, lyricists and publishers of musical works that are organized as a member in it. The task given to the Gema contains protection of intellectual property rights of music creators and the representation of their interests to get properly remunerated for the use of Truckenbrod, Baetcher 2 their works. The Scope of their jurisdiction pertains to the German Copyright which will be covered...
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...Illegal Downloads, Copyright, File Sharing & Piracy A copyright is a form of protection, granted by the laws of the United States, to the creator of an original work of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, to control the distribution, usually for a limited time, after the work enters the public domain. Generally, copyright is enforced as a civil matter although some jurisdictions do apply criminal sanctions. Copyright limitations are recognized by most jurisdictions and some exceptions to the author's exclusivity of copyright are allowed giving users certain rights. However the Internet and digital media have created new and challenging tests of the copyright laws. New technologies, including peer-to-peer sharing of digital files, have prompted reinterpretations of the exceptions and a new surge in the fight for copyright protection. Digital Music and Software Most recently, the music industry launched a campaign to fight the illegal downloading of songs via the Internet and file sharing, peer-to-peer networks like Ares, BitTorrent, Gnutella, Limewire, and Morpheus. These networks provide the framework for users to request and receive digital transmissions of copyrighted sound recordings from other users on the network. A request is sent out over the Internet to find the requested song on another user's computer. Within seconds, that illegal file is downloaded to the requestor's desktop. Criminal activity...
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...Intellectual Property: Copyright Gone Wrong Bradlee Melton American InterContinental University Abstract Copyright is a form of intellectual property pertaining mostly to the creative arts such as music, novels, paintings, drawings, and film. When copyright was first created, its duration was fourteen years. In the past three hundred years since its creation, copyright duration has been extended several times. The last of these extensions extended copyright duration to the life of the creator plus seventy years, making copyright almost perpetual. In this modern age of lightning fast computing, copyright law is outdated and needs to be drastically reconsidered. Many have turned to the open source movement to try to escape the tyranny of copyright. Through the open source movement, several high-quality products have been produced and given to the public free of charge, whether it is music or software. Congress has made no effort to remedy the situation at hand. This essay poses the question: With copyright gone wrong, what do the people do? Intellectual Property: Copyright Gone Wrong Intellectual property or IP pertains to creations of the mind. It is broken down into two subcategories: industrial property and copyright. Industrial property includes inventions, trademarks, and other things used for industrial commerce, while copyright involves anything of the literary or artistic fields such as poems, novels, music, drawings, and paintings (WIPO, 2012)...
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...becoming famous. An artist looks for the help of music labels and music studios to convey their messages and uniqueness into a format that can entertain masses of people. The important thing an artist has to offer is their intellectual property. So a music studios major function is to protect it as much as possible. An artist is purchasing a service that is going to help promote their image. A studio is making a final product for them to show the world. In reality a music studio is in the business to protect the intellectual property of these individuals. This paper will discuss a business opportunity and its obligations to protect itself as well as the people who purchase services from the business. Secondly, discuss the legal procedures to protect the business. Thirdly, depict some examples as to how those measures may not be sufficient enough to protect the intellectual property of individuals. A group of investors is interested in starting a music recording studio. This particular business will specialize in helping artists who struggle with getting their music recorded. The intellectual property associated with this start up is the works recorded within the studio walls. Every song has three copyrights that protect it from it being the property of another company. The first copyright pertains to the lyrics of the song. All parties that helped in writing the song need acknowledgement. The second copyright goes to the music used for the song. All samples need to be stated...
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...Walking on Eggshells, the director focused on one specific area of appropriation which looked at how common appropriation had been in the past. Moreover, he argues that artists sometimes wish to share their music, thus arguing in favor of mass appropriation. In Rip!, the director expands on those ideas by arguing why copyright laws are evil by applying that concept to different fields like medicine and plants. Due to the ridiculousness of copyright laws, mass appropriation should be allowed and such an act will benefit our culture because many new works could be created. The main premise behind Walking on Eggshells is the prevalence of appropriation. Examples throughout history were used like Picasso’s paintings being similar to old African paintings. Moreover, in television, cartoon characters such as Bugs Bunny referenced famous people like Mozart to entertain children. Finally, in music, Daft Punk was essentially a fusion of the works of Mozart and Beethoven. With so many instances of appropriation, it is hard to punish everyone for committing it. Moreover, artists sometimes do not care about money, and so they are willing to let their music be downloaded for free or be remixed because they care more about sharing their art than making money. Simply put, we have all the music in the world for us to define ourselves and our culture. Rip! discussed a wide range of topics about appropriation and expanded on a lot of points Walking on Eggshells made. Rip! also suggested that appropriation...
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...integrated into copyright statues. Intellectual property theft laws in the United States grant the exclusive ownership the rights to use produce and distribute creative work to the creator or author. There are four types intellectual property which are copyrights, patents, trademark and trade secrets. Copyrights deal with forms of creativity in communication like novels, music, songs and movies. Patents protect new invention and cannot be exploited without the authorization of the patent owner. Trademarks are designed to individualize goods to distinguish the source like a symbol, logo and a slogan. Before you can combat the theft of intellectual property theft we need to know what’s behind the motivation of the behavior of theft. Some believe that low self control is a result behind theft. With information technology being so advance it poses a serious threat to authors of copyright material. With every idea or invention being copied on to digital making it easier to copy distribute copyrighted material like computer software, pictures and music which is called piracy. A good example is when me and the family venture out to the swap meet and there you see a vendor selling bootleg movies for 5 to 10 dollars. The only deterrence to piracy is punishing the ones they have apprehended severely as an example to the public that they will not engage in illegal copying of digital information. I know years back when Napster was real big and everybody was sharing their files of music, that most...
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...years of file sharing you may remember waiting happily hours for your favorite music to download. In the end, you might have found that it wasn’t the right song after all or that the quality was less than stellar. Nonetheless, the explosion of Napster in the late 90’s was an exciting time for music enthusiasts since it opened a new technology forum to access music. While the initial firestorm about Napster was related to copyright infringement, a deeper dilemma was unfolding along with this new technology. Napster’s story demonstrates what can happen when an established, powerful industry faces a threat from a new technology that offers more services for a lower cost. Furthermore, it depicts the struggle of burgeoning technologies with established institutions’ copyrights, patents, and intellectual property. Our society continues to explore how to balance the rights of intellectual property while not dampening the emergence of needed disruptive technology. Innovation is the fuel that stokes our economic fire. Yet, with a perceived threat of lawsuits or the attacks of patent trolls, start-ups and venture capitalists may be deterred from investing in areas that are deemed too risky. In the aftermath of Napster, venture capitalists were much less likely to invest in digital music as a result of the decision. In the late 1990’s, the music industry was less than thrilled about Napster. The music industry levied a war against the youngster-led company. The Recording Industry...
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...or the DPP CIVIL LAW - All other areas of the law that covers disputes between citizens. e.g. intellectual property, family law. THE NATURE OF LAW Theoretically why does the law exist ? To protect basic human rights: Note: Australia has no bill of rights unlike the US the UK and others. To aid in the resolution of conflicts. To promote fairness, order and stability in society. To promote desirable social and ecconomice behaviour (capitalist democracy) * concepts such as morality and justice influence the law but do not determin it. To represent the “will of the people” (through voting in referendums). ENTERTAINMENT (AND MEDIA) LAW AND LAWYERS. Record or publishing agreements related to music and other assignable licensable works under the copyright act 1968. Film production agents. Trade mark patent, or design applications mad to IP Australia Negotiations between artists and their employers (publishers, advertisers, touring companies). INTITUTIONS OF THE AUSTRALIAN LEGAL SYSTEM PARLAMENT – creates the law * State and Territory Parliament, Federal Parliament (Canberra) THE COURTS – Apply the Law * Tribunals (e.g. Consumer Trade and Tenancy Tribunal) * Administrative bodies (e.g....
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...and copyright. Industrial property obtains patents for invention, trademark, industrial designs and geographical indication whereas copyright includes literary works and artistic works. Literary works such as novels, musical works and others whereas artistic works such as paintings, architectural design and others. Copyright-related rights include performing artists performing in performances, producers of phonetic symbol and broadcasters in radio and television programs (WIPO, 2003, p.2). There have four types of intellectually...
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... Internet Pirates Music, Movies and More Most people like listening to good music by the artists they enjoy listening to. Music is expensive when you are on a tight budget and the belt is as tight as it can go. You must choose between getting the newest CD and gasoline for your vehicle. Of course you would choose the gasoline to get back and forth to work or wherever you may have to drive. However you might be able to download the music from your computer. Downloading itself is not illegal but, if a person puts the song on the internet; copies, sells or distributes it for profit that is a crime. No matter what excuses are used it is all a cop out. It does not change the fact that copyrighted material or songs downloaded for profit is theft if it has not been paid for (Amazon). Chances are you may know someone who downloads music or movies from online and this in itself is not illegal. It is when friends start asking if they could get this or that downloaded and they will pay you for this music or movies. The Internet is running rampant with peer to peer (p2p) networks such as LimeWire, Bit Torrent and many others. These sites are where people copy music then put it on these sites for others to copy or use. The act of downloading something illegally falls under the Copyright Act of 1976, a Federal Statute that governs copyright laws in the United States (Wang, 2013). Copyrights include literary works, music, motion pictures and copyright infringement occurs when...
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...Running head: ETHICS OF INTELLECTUAL PROPERTY Ethics of Intellectual Property CIS 324 Computer Ethics Term Paper Ethics of Intellectual Property In the short time that computers and internet have existed in the modern era, the world has seen a complete 360 degree turn and in the various forms of electronic entertainment that people all over the world are now using. In the days before CD’s, DVD’s and the internet, not much was said if a vinyl album, VHS cassette or an audio cassette was loaned to a friend for their listening or viewing pleasure, but today with the availability of sending an email with three or four megabytes of information, one can enjoy a borrowed song but is assumed that it is piracy or stealing. Is this a fair assumption? This paper will discuss both sides Intellectual Property of Peer to Peer (P2P) downloading and sharing issues and let the reader form their own opinions. . Peer To Peer Downloading and Sharing Definition and History “Peer-to-Peer” technology, what is meant when this phrase is mentioned in the world of electronic entertainment or computers? Usually in today’s environment, this phrase has a negative connotation assigned to it, but this phrase deserves a deeper investigation into all aspects of the concept. Peer-to-Peer technology is defined by the textbook of this class as “technology which permits easy transfer of files over the Internet by large numbers of strangers without a centralized system or service.” (Baas, 2008) When this...
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...Violation of your copyright privileges, and how you feel knowing that thousands of users are simply copying and sharing your composition, for which they might have paid for otherwise. Peer-to-Peer (“P2P”) file sharing is a way of exchanging or transferring files of which you do not have permission to share can have serious consequences. We have worked hard to compose this new pop song and it is unfair that others are sharing and copying this song without paying for it. We are in the business of entertaining our fans but we are also a business and as such, we rely on the revenues generated from the sales of our music. • Enabling your case as a consideration in the purview of “fair use” under the law. Fair use is a concept that allows use of limited portions of a copyrighted work, without the permission of the copyright owner, for purposes such as scholarship, research, and criticism. Fair use does not mean that if you think it's fair that you should be able to use a work, it's okay. Rather, whether a particular use of copyrighted material is a fair use must be judged according to the four criteria in the Copyright Act: Purpose and character of the use (why do you want to use it?). Nature of the copyrighted work (what kind of work is it?). Amount and substantially used (how much do you want to copy?). Effect on the potential market for or value of the work (will your copying contribute to decreasing the value or demand for the work?). ...
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...(points will be deducted for each requirement that is not satisfied). Examples are shown below in italics/brackets—do not bracket/italicize your content. 1. Summary must be typed (double-spaced, Times New Roman 12 pt. font, 1” top/left/right margins, .5” bottom margin). The total paper must be at least one full page, but can be longer. Points will be deducted if the formatting is incorrect or the paper is shorter than one full page. 2. Your name and section # should be at the top left corner of the page. [John Doe-Sec. 1] 3. At the top right corner of the page put the date it is being submitted. [Submitted: 8/27/13] 4. The first line must state: title of the article; name of newspaper; and date published. [“Sirius Sued Over Music Royalties for Legacy Works,” Wall Street Journal, 8/26/13] 5. In one long paragraph that is at least 19 lines long summarize the content of the article in your own words. Do not quote from the...
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