...Copyright law gives copyright holders certain exclusive rights, for a limited time, as an incentive to create works for the enrichment of society as a whole. In exchange for what is a limited monopoly, the law expects that intellectual property creators will enrich society by contributing to the growth of science, education and the arts. The Copyright Act gives copyright holders an exclusive right to reproduce works for a limited period of time. Fair use is a limitation on this right. Fair use allows someone other than the copyright holder to copy some or all of a work even if the copyright holder has not gave permission. These following reasons are why Faden's movie was not copyright infringement. The overall purpose and character of the use...
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...been accused copyright. Faden is a professor at Bucknell University , where he studies early cinema and digital image technology and creates film, video and multimedia scholarship. He created a video , where he used Disney clips to teach about copyright and fair use. Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for certain purposes, such as, commentary, criticism, nonprofit educational purposes and parody. The remix used clips of disney movies to teach about copyright. In fair use there’s no minimum or maximum amount of work that can be copied. Copyright infringement occurs when someone other than the copyright holder uses the work in a way that violates the exclusive rights held by the copyright holder. In this case my client Eric S. Faden uses multiple short clips from Disney movies to...
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...Automated Copyright Enforcement System Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. The automated copyright enforcement system was created to enforce this law by allowing copyright holders to censor any infringement by posters. However, there is a loophole in the system which doesn’t permit it to identify what the content is used for and overbroad takedown notices made contents easily blocked including fair use. Law professor, Lawrence Lessig, was sued by an Australian record label for using a clip from the song Lisztomaniain in his academic presentation which falls under fair use. As a result people began to doubt the existence of the automated copyright enforcement system. The automated copyright enforcement system is necessary it just needs to be improved. Intellectual property protection was built into the Constitution of the U.S. to protect the rights of creators; however it only lasts for a limited time. This law was created as an incentive for people to share their original work so that the public benefits from it. Creative work is allowed to be “property” so that inventors can receive payment for their ideas and creations, which encourages new inventions and more creativity. Generally speaking, intellectual property is essential nowadays and needs to be protected. Copyright is a legal...
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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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...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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...against Defendant Charles Washburne, and in support thereof show the following: INTRODUCTION 1. Plaintiffs are ISAAC Slade, JOE King, DAVE Welsh, and BEN Wysocki, individuals d/b/a The Fray, and Epic RECORDS; defendant is CHARLES WASHBURNE. 2. Plaintiffs sued defendant for copyright infringement. 3. Defendant answered asserting a general denial and the affirmative defense of fair use. 4. Discovery in this suit ends April 30, 2014; trial is scheduled for July 1, 2014. 5. Plaintiffs respectfully request that the court grant their motion for summary judgment and deny the Defendant’s motion. summary judgment standard 6. Motions for summary judgment are governed by Fed. R. Civ. P. 56 which provides that a summary judgment shall be rendered if the evidence properly before the court indicates that "there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." STATEMENT OF THE CASE Plaintiffs, Issac Slade (“Slade”), Joe King (“King”), Dave Welsh (“Welsh”), and Ben Wysocki (“Wysocki”) collectively known as The Fray, are all apart of an alternative rock music group signed to Epic Records. Compl. ¶ 6. They bring a copyright infringement action against Defendant Washburn. ¶ 1. In 2004, Slade and King artistically created an original musical composition entitled How to...
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...Ethical Use of Information Worksheet Week 13 Name ___________Matt Geisel____________________ 1. What is copyright? How does it represent a compromise? - the right of the copyright holder to control the reproduction, distribution, adaptation, performance and public display of a creative work 2. What does it mean when material is in the public domain? - Works that are freely available for commercial or public use without restriction - not protected by copyright restrictions 3. What is “fair use”? - “the conditions under which you can use material that is copyrighted by someone else without paying royalties and without seeking written permission” 4. What are the four tests of fair use? a. Purpose and character of use b. Nature of the copyrighted work c. Amount and substantiality used d. Market effect The following are scenarios that involve the use of information. Indicate if each is plagiarism or an infringement of copyright or not and why you think so. • Chole found really good information on a website and copied a few paragraphs from it and pasted it into her paper, but did not cite it in her paper. Is this an ethical use of information or she guilty of plagiarism and/or copyright violation? Why or why not? - She is guilty of plagiarism because she used someone else’s words and did not cite them. • Mary has a personal Internet site which contains pictures, cartoons, and sayings from...
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...Digital Media Copyright in Developing Countries In the developing world, piracy is a serious problem. According to the report “Why Poor Countries Lead the World in Piracy”, “Trade reps from rich countries complaining loudly about copyright infringement and demanding that poor countries reorganize their domestic priorities around preventing unauthorized copying at any expense, threatening trade sanctions and worse for the recalcitrant." However, the copyright laws in many developing countries still give little consideration to copyright management issues for Digital Media Fields, such as software, E-book, music downloads, and digital cinema. As the biggest sources of illegal download in the world, developing countries’ digital media technology is seriously hindered. At the same time, some people argued that the tolerant digital media copyright law helps to bring culture and knowledge to people. I believe it is a mistake, as they may not understand Fair Use. In the case of China, according to Liu & Bates, “China copyright law focuses more on the regulations for traditional forms of creative content than the digital fields” (Liu & Bates, 2008). However, according to China Internet Network Information Center’s report, “the number of “netizens” in China has exceeded that of the United States” (2008). At the same time, China has become one of the biggest illegal downloads sources. As a result, China has responsibility to pay attention to digital rights management. A strong...
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...Austin Nagel Professor Richards English 15 October 2017 COPYRIGHT LAW REGARDING MUSIC SAMPLING. To: Producers and artists of Tone Def Records. From: Austin Nagel Date: 15 October 2017 Introduction Music sampling has been an integral part of the music industry since time immemorial. In the past, music sampling was freely allowed, but when songs containing sampled music turned out to be very popular, owners of the sampled music saw the need to copyright their music. With this, anyone who wanted to test any genre of music for commercial purposes has to seek permission from the copyright owner. Sampling music without the knowledge and go ahead of the owner of the copyright is an infringement of the copyright, the sound recording copyright, and...
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...4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use claims asserted by individual defendants and...
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...Case name | Reporter | Court/Year | Findings | Wheaton v. Peters | 33 U.S. (8 Pet.) 591 | 1834 | There is no such thing as common law copyright and one must observe the formalities to secure a copyright. | Baker v. Selden | 101 U.S. 99 | 1879 | Idea-expression divide. | Burrow-Giles Lithographic Co. v. Sarony | 111 U.S. 53 | 1884 | Extended copyright protection to photography. | White-Smith Music Publishing Company v. Apollo Company | 209 U.S. 1 | 1908 | Reproduction of the sounds of musical instruments playing music for which copyright granted not a violation of the copyright. | Bobbs-Merrill Co v. Straus | 210 U.S. 339 | 1908 | No license to use copyrighted material. License cannot extend holder's rights beyond statute defined by Congress. | Bauer & Cie. v. O'Donnell | 229 U.S. 1 | 1913 | Differences between patent and copyright defined also prohibits a license from extending holder's rights beyond statute. | Macmillan Co. v. King | 223 F. 862 | D.Mass. 1914 | Limits of fair use with respect to an educational context and to summaries. | Nichols v. Universal Pictures Co. | 45 F.2d 119 | 2d Cir. 1930 | No copyright for "stock characters". | Shostakovich v. Twentieth Century-Fox Film Corp. | 196 Misc. 67, 80 N.Y.S.2d 575 (N.Y. Sup. Ct. 1948), aff'd 275 A.D. 692, 87 N.Y.S.2d 430 (1949) | 1948–9 | No moral rights in public domain works. | Alfred Bell & Co. v. Catalda Fine Arts, Inc. | 191 F.2d 99 | 2d. Cir. 1951 | Variations of works in the public domain...
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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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...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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... Copyright laws were created to protect the rights of copyright owners. They are designed to prevent the unauthorized use of materials without the permission of the copyright holder (Bitlaw, 2010). There are five exclusive rights covered under the Copyright Act (Bitlaw, 2010). Though all of the rights may not directly pertain to all web site development, it is imperative for web site designers to be familiar with the Act to avoid violating any part of it intentionally or unintentionally. The five exclusive rights are; the right to reproduce, the right to prepare derivative works, the right to distribute copies, the right to perform, and the right to display (Bitlaw, 2010). The right to reproduce belongs to the copyright holder (Bitlaw, 2010). This means the copyright holder is the only person that has the legal right to reproduce or copy any part of the work (Bitlaw, 2010). The right to prepare derivative works is the same as reproducing in a sense, but it is regarding transferring the copy written information to another form such as video or film (Bitlaw, 2010). The copyright holder is the only person that can legally distribute the crated material as well as perform publically any part of the work (Bitlaw, 2010). The copyright law covers most works imaginable including literary work, graphics, art, choreography, music, and theatrical performances (Bitlaw, 2010). Web designers can take steps to avoid violating any part of the copyright laws. When using...
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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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