...Violations of Copyright Privileges Joe Cooper Violations of Copyright Privileges US copyright law provides detailed and specific recourse for copyright infringement, although it is sometimes left unenforced. The Copyright Act of 1976, contained in the US Constitution, and the No Electronic Theft Act (NET Act) provide both civil and criminal recourse for infractions. (US Copyright Office) Although issues of copyright infraction are extremely common in the music industry, the law is clear that the distribution, performance or display of copyrighted intellectual property (IP) cannot be tolerated (Grama 2011). The distribution of songs via peer to peer sharing on the internet directly violated the Copyright Act and NET Act. It drastically affected the market and was not used for non-profit, educational use. Under the provisions of the NET Act, the distribution of copyrighted music is illegal even if there is no commercial revenue to be gained or intended. Under the NET Act, increased penalties for the illegal distribution of 10 or more copies of a protected work were increased to five years imprisonment and/or $250,000 fines for individuals and $500,000 for organizations. For circumstances less than the threshold of 10, the maximum is one year imprisonment and up to $25,000 for individuals and $100,000 for organizations. (GPO 1997) In this case real damages would be sought for the accumulated loss of revenue as well as legal fees, as provided by the Copyright Act of 1976 (US...
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...Copyright Term Extension Act The Copyright Term Extension Act was passed in 1998 in order to extend copyright terms in America. Before this act was passed, there was only the Copyright Act of 1976 which would only allow a copyright to last a total of 50 years for an individual. It was still different for corporations though, as to where their copyrights would last up to a total of 75 years. The 1998 Act extended the copyrights for individuals to stay valid up to 70 years instead of 50. It also helped corporations to have their copyrights extended from only 75 years to 120. This law is also known as the Sonny Bono Copyright Term Extension Act, Sonny Bono Act, or the Mickey Mouse Protection Act. Salvatore Phillip “Sonny” Bono was a recording artist, politician, and producer who became famous along with his wife Cher as a singing duo called Sonny & Cher. He was the mayor of Palm Springs, California from 1988 to 1992 and congressman for California’s 44th district from 1995 until his death in 1998. Although this act was passed in 1998, it still allowed additional works made in 1923 or afterwards to be protected under this act until 2019 or later depending on when the product was created. The Copyright Term extension act did not revive any copyrights that had already expired, although it did extend the terms of protection for each copyrighted creation. However, any individuals or corporations work that was created before January 1st, 1978, but hasn’t been published or registered...
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...I. Statement of Purpose The Copyright Act of 1976 amended the Copyright Act of 1909 and serves as the primary basis of copyright law in the United States[1]. The Act spells out the basic rights of copyright holders, codifies the previously patchwork doctrine of fair use and adopted a unitary term of copyright exclusivity based on the date of the author’s death instead of using a fixed number of years and renewal terms as was previously spelled out in the 1909 Act. The 1909 Act was the last major piece of copyright legislation, and Congress recognized that technology had changed to the point where several pieces of the Act were no longer fit to serve as the basis for interpretation. The 1976 Act was designed to address intellectual property issues raised by new innovations in technology that were previously unforeseen. The Act addresses to the legal practitioners and non-lawyers what kinds of rights they have based on the medium in which they have chosen to communicate an idea as what as what constitutes a copyrightable idea. The sine qua non of copyright is originality, however, the Copyright Act sets the standard for creativity extremely low. Rather than the completely novel ideas protected by the patent laws, copyright laws dictate that an idea only needs a minimal degree of creativity to be protected. The Copyright Act is seen as a compromise between the rights of the publishers and the rights of the authors. The extension protects the rights of the authors with respect...
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...Introduction The Copyright Law Copyright is the exclusive right, to an intellectual property of any person, including elements of authorship, musical, literary, architectural, pictorial, choreographic, pantomimic, graphic, sculptural, and cartographic creations to print, publish or sell copies of his or her original work. Copyright is a law that protects published and unpublished work that you can see, hear and touch, from being reproduced without prior consent from the creator of the work. The copyright law was designed to strike a balance between the needs of consumers and those of creators. The issue is a control over piracy. Piracy has not disappeared, nor, by many measures, has it lessened. However, the success or failure of this act depends entirely on who you talk to. The debate is most often cast as a consumer issue, so both sides are looking for your (the consumer’s) ears. Strong arguments exist from either perspective, but both sides agree there have been unintended consequences to the provisions of the Copyright law. II. What is a Copyright? A Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of original works including literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, and television or sound broadcasts. This protection is available to both published and unpublished works. The Copyright Act generally gives the owner of copyright the exclusive...
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...Music Copyright & File- Sharing Technology A copyright is a form Intellectual property that grants an author or originator of any tangible literary or artistic work exclusive rights. It is granted by federal statute and includes any literary, musical, dramatic, choreographic, pictorial, graphic, sculptural and architectural works. Also, any motion pictures, sound recording and other audiovisual work. The first U.S. copyright law was the Copyright Act of 1790. It was then modified in 1909 and again 1976. Copyrights still being administrated by the Copyright Act of 1976, which states that the term of protection starts from that date created to the life of the author plus fifty years. The terms automatically got extended for any work created after January 1, 1978, giving statutory copyright protection for the life of the author plus seventy years. In the case of more than one author, it is seventy years after the death of the last living author. A copyright is automatic once the work is made, however it can also be registered with the U.S. Copyright Office in Washington, D.C. A copyright infringement is when the expression of the idea or the work form has been copied without the copyright owner’s approval. It is not limited to the entirety of the work, but if a considerable amount of the original is copied, it is copyright infringement. Only the copyright owner has the right to reproduce, distribute copies, display, or perform the work. Individuals, who commit a copyright infringement...
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...2 of 1000 DOCUMENTS Copyright (c) 1995 Oklahoma Law Review Oklahoma Law Review Fall, 1995 48 Okla. L. Rev. 627 LENGTH: 15564 words NOTE: Copyright: Same Song, Different Verse: Parody as Fair Use After Campbell v. Acuff-Rose Music, Inc. * * This note won the first place prize in the 1995 ASCAP Nathan Burken Memorial Competition. NAME: L. David McBride LEXISNEXIS SUMMARY: ... First, this note discusses the Copyright Act of 1976 and the fair use doctrine. ... Further, this note evaluates how the defendant used the fair use doctrine as an exception to copyright in Campbell v. Acuff-Rose Music, Inc. ... The district court recognized that courts have included parody under the fair use doctrine. ... The district court found that the second factor, the nature of the copyrighted work, weighed against fair use and in favor of Acuff-Rose. ... Judge Joiner, writing for the majority, considered each of the factors in section 107 in determining that the derivative work was not fair use. ... The Supreme Court's Application of the Fair Use Doctrine in Acuff-Rose Music, Inc. v. Campbell ... He observed that the application of the fair use doctrine requires a case-by-case analysis, as opposed to "bright-line rules." Such an approach is necessary because section 107 does not define every type of creative work that a court may exempt under the fair use doctrine. ... However, the Court of Appeals read Sony as presuming unfair use when a derivative work is used for...
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...on a regular basis. However, Copy right infringement present as an issue that can be resolved utilizing solutions based on an act that was signed in 1976, the Copyright Act. This Act defines what can be copyrighted and sets a specific time frame in which a piece of work can be copyrighted. The Act defines types of infringements and what is considered Fair use. Learning Team C discussed these topics and how they affect their lives in a professional setting. This discussion also includes concepts the team had difficulty understanding. Week Three Reflection The Copyright Act was signed in 1976 and deals with protection of intangible right of Literary property. This includes musical and dramatic works. The only thing the Copyright Act cannot protect is ideas, methods, and systems. There are three parts of fundamentals to this act which include: originality, creativity, and durable medium. The text describes this as “an original work of authorship is a work that is original to the author”. This means that the author, using their own creative capabilities, created the work. The work must be a durable medium, meaning something tangible such as writing, digital, video or other form of media. An example of this would be any novel written by an author, or a screenplay written by a writer, or a movie created by a producer. The Copyrights, unless signed off, belong to the creator of the work. The second section pertains to the three types of infringement that may...
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...this case study, Patrick Nagel an artist who died in 1984, famous for works that appeared in many media including lithographs, posters, serigraphs, and as graphic art in many magazines. Nagel left his wife Jennifer Dumas with the copyrights his artworks that he owned when he passed away. The publishing company Dumas and Mirage also owns the copyrights to many of his artworks. No one else held a copyright in any Nagel's work. Appellee Alfred Van Der Marck Editions, Inc. is the licensee of Dumas and Mirage and the publisher of the commemorative book entitled NAGEL: The Art of Patrick Nagel this book, is a compilation of selected copyrighted individual art works and personal commentaries of Patrick Nagel. Since 1984, the primary business of appellant has been purchasing artworks and transferring the image to ceramic tiles and offering the tile for sale to the retail market I feel as the transferring of the images from Nagel's book onto tiles might have something with digital copying . in this case what this is basically saying is that he appellant removed selected pages from Nagel's book, and mounted them individually onto ceramic tiles and sold the tiles to the public. Mirage, Dumas and Van Der Marck allegedly infringed the registered copyrights in the artwork of Nagel and in the book. Mirage...
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...Copyright Extension Act Anne Nunes May 13, 2015 Submitted to Professor Ashley Minton Summer I 2015 BUL2241 Business Law I Indian River State College Copyright Extension Act The Copyright Extension Act, also known as the Mickey Mouse protection act was passed in 1998. A copyright is defined as “an intangible right granted by statute to the author or originator of certain literary or artistic productions (Miller & Hollowell, 2014, p. 84). The purpose of this act is to protect “books, records, films, artworks, architectural plans, menus, music videos, and product packaging” (Miller & Hollowell, 2014, p. 85), from being built upon to make new creations. For individuals the act gives copyright protection for their life plus 70 years, for publishing houses the copyright is 95 years from the date of publication or 120 years from the date of creation, whichever comes first. The Copyright Extension Act, is also know as the Mickey Mouse protection act because as Mickey Mouse’s first expiration date for the copyright protection neared, Walt Disney pressed for changes to the Copyright Act. In 1976, the United States congress revised the act to change it from a maximum protection of 56 years including extensions, to the life of the author plus 50 years. Which in turn guaranteed protection for Mickey through 2003. Again, in 1998 when Mickey’s protection time was running out, the United States Congress changed the protection time to the current terms of, life of the author...
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...Have you heard the term copyright? I think yes, but you may be wonder what it means or what it does. Copyright is a form to protect your work against plagiarism or any kind of misuse. But should copyright penalties be tougher? My answer is no. Tougher laws won’t solve the problems that copyright is fighting in today’s world, like piracy. Increasing the penalties will only make the problem bigger. Like Oscar Wilde said: “the best way to get rid of temptation is drooped into it.” This means that people will infringe copyright no matter what. To understand the infringement of copyright better we first need to know what it is. As I mentioned before, copyright is a protection that the United States Copyright Act of 1976 provides to authors of original works. When the work is created it immediately is secured with copy right, although the registration of your work in the copyright office is recommended. Works after January 1, 1978, are protected from the moment they were created for the author’s life plus 70 year after the author’s death. Anonymous works or pseudonym works are only protected from 90 to 120 years, which is less time. The copyright is represented with the symbol ©, the letter C inside a circle. Penalties for copyright are from $250 to...
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...Dictionary defines a copyright as “the right of literary property as recognized and sanctioned by positive law.” Melvin (2011). The development of the web and other internet technologies will continue to increase the number of copyright issues. The copyright act was developed in 1976 and it grants exclusive rights to the holder that protects their original work Melvin (2011). With these rights, the holder has exclusive rights and they are: reproduction, derivative works, distribution, performance, display, audio, and transmission. There are three theories to copyright infringement and they are: direct infringement, indirect infringement, and vicarious infringement. Direct infringement occurs when the copyright owner can prove legal ownership of the work in question and that the infringer copied the work without permission Melvin (2011). According to Melvin (2011) indirect infringement involves three parties, the copyright owner, the direct infringer, and the facilitator of the infringement. It states that the indirect infringement is the one that holds the facilitator liable for damages, so before pursuing the theory indirect infringement the copyright owner must identify the direct infringer. Vicarious infringement, is similar to the indirect infringement theory in that they both involve third parties not involved in actual direct infringement Melvin (2011). There are ways to avoid copyright infringement here are some: understanding the scope of copyright law, do not take anything...
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...to be used. Federal law grants copyright protection to “an original work of authorship fixed in any tangible medium of expression” {U.S. Code, Vol. 17, sec. 102(a)} (Grama, 2011). This also implies that the owner has the exclusive right to do as he pleases with the material in question. The rights that are given to the copyright holder are broad and allow the holder to do several things with his original work. First and foremost the person that made the copyright needs to be identified as the owner of the material, in this case it is the author that created the song. So distributing the track without the owner’s consent was a violation of the Federal Copyright Law of 1976. This infringes on his ability to make money and distribute the track for a profit margin. Unlawful distribution of this track can be hidden under the fair share although distribution of this track is not going to be used for any type of educational purposes so it really cannot be protected under fair use. The distribution of the track is for personal gain and it will affect the sales of the track and the profit margin that was expected to be made from the song. So to pursue any type of legal action you need to prove that the track was distributed without your consent on a file sharing site and the intention was not for educational use. The Digital Millennium Copyright Act that was passed in 1998 to help in the protection of electronic and digital files and the copyrights that are associated with them. There...
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...benefit the charities and local communities programs, and we will also treat employees fairly and ethically. Zone5 is growing larger and fast in Southeast Asia which include Singapore, Malaysia, and Indonesia. To expand our business, we are proud to announce our venture further into China. At Zone5,we believe the consumers will experience a fun and easy shopping. Executive summary As an e-retailers that sell products through the Internet. There will be many legal issues we will encounter and it is unavoidable. For an online website, the common legal issue we will encounter is regarding about the domain name, trademark, and copyright issues. Similar occurrence will happen to our website when a person or other parties uses a sign identical or similar to the trademark concerned in relation to products or services without any concern of our trademark or copyright. Besides, there will be legal issues arise for the consumers rights when the consumers choose to purchase as our website. The legal issues that may arise in our website is when there is a fake or fraudulent goods...
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...Corporation, et. al, Judge Armstrong ruled.Answer | | | | | Selected Answer: | That defendants were barred from arguing the case due to the political question doctrine. | Correct Answer: | That the plaintiffs lacked standing to sue Exxonmobil Copration. | | | | | * Question 4 4 out of 4 points | | | Environmental Justice refers toAnswer | | | | | Selected Answer: | Ethical issues focusing of race/class discrimination and environmental reform | Correct Answer: | Ethical issues focusing of race/class discrimination and environmental reform | | | | | * Question 5 0 out of 4 points | | | Which piece of legislation was passed first?Answer | | | | | Selected Answer: | The Clean Water Act |...
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...results of an investigation into the value of using drama in a Brazilian university classroom. Drawing on Di Pietro (1987) and Via (1976) on the advantages of using drama in language learning, from Mezirow (1990) and Schön (1991) on the importance of reflection for promoting meaningful learning, and from Donato and McCormick (1994) and Lukinsky (1990) on the e¤ectiveness of portfolios as a tool to promote reflection, the paper presents a case study of the use of drama in an oral skill class, describing the course structure and classroom procedures. It includes learners’ voices as taken from their portfolios, and evaluates results, presenting setbacks and possible solutions. Finally, it encourages the use of drama and portfolios for transformative and emancipatory learning. Introduction As teachers we are always looking for ways to improve our classes and motivate our students. Yet, teaching conditions may not be as ideal as we would like them to be. Sometimes we get too many students; often they have di¤erent proficiency levels; sometimes both problems arise in the same class. This was my situation: I had to teach a conversation class where the level of proficiency of the 37 students ranged from basic to advanced. Knowing that a traditional format would not work, the experiences of interactionists like Di Pietro (1987) and the actor/teacher Via (1976) helped me decide to bring drama and play production into my classroom. For students’ individual development, I drew from Mezirow...
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