...I. 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 Copyright is a law that protects published and unpublished work that you can see, hear and touch, from being reproduced without prior consent from the creator of the work.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 This protection is available to both published and unpublished works.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...
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...| 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 can be copyrighted if the new "author" contributed something more than a "merely trivial" variation, but no large measure of novelty is necessary. | National Comics Publications v. Fawcett Publications | 191 F.2d 594 (1951), clarified 198 F.2d 927 (1952) | 2d Cir. 1951–2 | Derivative works; an author does not forfeit his copyright to a piece of intellectual property if his work is...
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...Copyright and the Internet Hector L MacQueen*(* LLB (Hons), PhD, FRSE, Professor of Private Law, University of Edinburgh, email hector.macqueen@ed.ac.uk. This is a substantially revised, updated and rewritten version of the chapter which appeared under the same title in L Edwards and C Waelde (eds), Law and the Internet: Regulating Cyberspace (1997). I am grateful to those who commented upon that earlier version, to those who sent me information about developments on the Internet (especially Dr Athol Murray), and to the editors once again for their help, guidance and patience over a prolonged period.) Introduction A major issue for copyright lawyers at the present time is how to deal with the rapid development of the Internet and the prospect of the ‘information superhighway’, world-wide telecommunications systems which permit the rapid, indeed virtually instantaneous transmission around the world, at times chosen as much by individual recipients as by transmitters, of information and entertainment in all media - print, pictures still and moving, sound, and combinations thereof. The issues are manifold. Is the ease of perfect reproduction and manipulation of material in the digital form used by our communications systems the death-knell of the whole basis of copyright? Are we at least going to have to reconsider such fundamentals of copyright law as what constitutes publication, copying and public performance, or the old distinctions between categories of work such as literary...
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...UNIVERSITY HCMC ---------***-------- MIDTERM PROJECT SUBJECT: INTELLECTUAL PROPERTY RIGHTS Major: External Economics IP AND THE PROMOTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND BENEFIT SHARING WITH PROVIDERS COMMUNITIES Class: K53CLC3 – Group 6 Lecturer: Pham Thi Mai Khanh Ho Chi Minh City, February 2016 I GROUP MEMBERS No 1 2 3 4 5 6 Name Khúc Thị Kiều Thương Phạm Mỹ Tiên Trương Thủy Tiên Nguyễn Hoàng Minh Trâm Lương Gia Vĩ Ngô Nhật Vy ID 1401025125 1401025128 1401025129 1401025133 1401025159 1401025162 II TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 1 A. BACKGROUND ........................................................................................................................... 2 I. Overview of Intellectual Property ............................................................................................... 2 II. Overvew of Biodiversity ............................................................................................................ 2 III. Overview of Traditional Knowledge ....................................................................................... 4 B. CURRENT SCENERIO ................................................................................................................. 5 I. Intellectual Property in Today World ...............................................
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...Business Law The Copyright Act As a part of Intellectual Property Rights (With Relevant Provisions to WTO) INDEX Introduction............................................................................................................................04 Introduction to Intellectual property Rights...........................…............................04 Industrial Property.........................................................................................04 Artistic and Literary Property.....................................................................05 Nature of Intellectual Property Rights........................................................05 Introduction to TRIPS………………………...........................................................06 Berne Convention...........................................................................................08 Introduction to WIPO………………………………………………………..……..09 Introduction to The Copy Right Act………………………………………………10 Meaning of Copyright……………………………………………........................................11 Terminologies of Copyright…………………………….......................................................12 Registration of Copyright………..........................................................................................13 Correction of entries in the Register of Copyrights………………………...…….14 Rectification of Register by Copyright Board……………….................................15 Duration of Copyright………………………......................
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...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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...INTRODUCTION TO ENTERTAINMENT LAW WEEK2 6FEB14 mel@onelouder.com.au The Arts Law Centre of Australia. THE LAW What is the Law ? The law is a system of rules organising the rights, obligations and responsibilities in, or members of, a sovereign state. A cultural institution – an invention of the people. Youtube – introduction to Australian law. (shenanigans videos) Functionally, the law is a system of rules recognised and applied by the courts. The state must enforce the orders of the courts; the law exists, ultimately, only because the state will enforce it. CRIMINAL LAW. - Criminal Charges are laid by Police 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...
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...this task I am going to use Tesco plc. The social implications for Tesco direct to the actions of the organisation having consequences on society and there are many areas of activity that the business does that have implications on society. Finance Tesco plc. has many subsidiaries one of these is Tesco bank which is a private limited company meaning it is a free enterprise, so it has the freedom to operate for profit competitively without interference from the government and as it loans money to UK residents over 18, the company could choose their own APR rates which is the percentage the customer must pay back on their loans. depending on how these APR rates it could have very beneficial or damaging consequences on society as many families could be in debt and not afford to pay it back so their life style would have to change and then society would change on a whole, however this would look bad on the company and their stores would lose business through the product of bad publicity so they must show that they care about they’re customers by putting reasonable rates. Bribery There could be bribery within Tesco Plc. for an unfair advantage in the market because they could bribe other companies for information or business contracts or even mergers. However this would be unfair and would be a disadvantage to the competition and the company would be winning under false pretence which shows society they do not have to work hard as long as they could use money to bribe their way...
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...Musical Theater in Humanity There are many ways to study in human in order to appreciate and honor in life, in our presenting, such as Literature, History, Languages, Religion, Arts and Performing Arts. Also, musical theater, which particularly is one of this aesthetic art form as well. Musical theater was created since an ancient Greece as a worship to Dionysus, the god of wine and fertility. Essentially, its style consisted as a Tragedy, which is the portmanteau word, tragos = goat, aeidein = to sing. Tragedy does mean “the goat’s song”. Beheld in the festival once a year. The form of performance was not vastly different from the musical nowadays. Settings and properties also used to collaborate the show as male narrators sing and dance to narrate the story and ask the morality questions to the audience which lead and relate to the decision of the protagonist or the main character at the end of story. Urging the spectator’s catharsis, and enlighten their heart and mind at the end to realized there is nobody better than god, also our destiny is determined. All of the performer are male, and only seven main actor wear the masks in order to be and rotate the characters exclude the narrator. Aeschylus, Sophocles, And Aristophanes were not only playwrights; they were also composers and luricists. Dance, poem, and acrobatic used to archive the audience as spectacular. Also, to cross the bridge to reflect their life significantly as the foundation of Greece model citizen...
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...3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Major Dr. Lynn MacBeth Law and Ethics in the Business Environment September 8, 2013 Ethical issues related to marketing and advertising, intellectual property, and regulation of product safety. “Advertising ministers to the spiritual side of trade…it is a great power…part of the greater work of the regeneration and redemption of mankind” (Halbert, 2012). This is a very powerful statement and is completely true as the only way to get ahead in this world as it pertains to business is to be able to advertise and market one’s products efficiently, effectively, and ethically. One ethical issue related to marketing would be the whole idea of false advertising that is present by companies that market and advertise their products. This is an ethical issue because false advertising is misleading to consumers. Consumers trust certain companies and the products they put into the marketplace. An ethical issue that relates to intellectual property would be one that is present amongst many educational institutions all over the world, which would be plagiarism. Plagiarism is the use of someone else’s work as your own without giving proper allocation and praise to the original author. Copyright infringement would be another ethical issue that deals with the stealing of the original authors of works of art, music, and other original masterpieces. There are two essential questions at...
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...Will Dickey FYS 183 Copyright Law Music creativity At the young age of 12, my mom bought me a brand new stereo system for Christmas. Unbeknownst to her, the gift came hidden with a special perk that allowed me to record my favorite songs from the radio onto cassette tapes that I could give away to my friends or use to make my own mix tapes. I made a hobby of recording my favorite songs and remixing them with songs of a different genre. Five years later I became a professional DJ, using more sophisticated tools of course, but with the same creativity I had garnered from the cassette recordings. Had my mother known that she would be supplying her son with the equipment to become a copyright criminal, she probably would have thought twice about her gift and I would’ve never had the opportunity to discover my musical potential. Copyright laws in the music industry need to be changed, to allow everyone, including artists, to combine their talents with the efficiency of the Internet. In the remix culture of today, everyone has an inner-DJ. Music sharing has grown drastically from sharing cassette tapes, to burning CD’s, to p2p networking. People all over the world now share and create new music, while breaking copyright laws and industry codes in the process. Aware of their crimes or not, Internet music sharing has quickly become a competitor with the large music industry and this needs to be addressed. As Lessig proved in his book “Free Culture”, technology has often...
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...Music Piracy and its Effects on the Demand, Supply, and Prosperity of the Music Industry Abstract In an era where pop culture and technology are rapidly growing, intertwining and becoming embedded in the everyday lives of Americans, it was inevitable that their paths would cross. Possibly the most affected medium of pop culture is the music industry. The growth and development of the internet is either their biggest gift or biggest curse. Modern technology has made wide-scale trading of music possible in the form of MP3 files available over the internet for free. Users can simply upload the files to these sharing sites and millions of others at any given time have the ability to download it from them. The Recording Industry Association of America, however, doesn’t share the enthusiasm about these file sharing practices. To them, it is stealing from the record company and from the artist themselves. Consumers don’t tend to see it that way. The issue that arises here is whether or not should music be accessible for free trade over the internet. On the one hand, it is thought that MP3 downloads reduce sales of legitimate CDs. On the other hand, it can be argued that downloading free MP3s could actually encourage someone to buy a CD which they may not have purchased had they not heard it in its entirety. This is known as the sampling effect. The focus of this research paper will be to paper analyze the impact of music file sharing on the demand, supply, and prosperity...
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...landslide of foreign investments made in response to the country’s market potential, market performance, improved infrastructure, enormous resources, and strategic position. Frustrating this process, however, have been the politics of China’s elaborate bureaucracy, as well as its ill-defined legal system and pervasive corruption. Historically China has relied upon “the rule of man” and the belief that legal rights are derived from the power of the individual. Upon joining the WTO, China agreed to continue to reform its business environment and to move toward transparent, rules based, enforcement-oriented standards. But the business reality is far from the WTO obligations specifically in the continued controversy over the protection of intellectual property. Chinese enterprises are themselves becoming global investors, both by acquiring foreign firms and investing in foreign lands. INTRODUCTION For a multinational enterprise to succeed in countries with different political and legal environments, its management must carefully analyze the fit between its corporate policies and the political and legal conditions of each particular nation in which it operates. The element that can influence international business are: role of government in society, political ideologies, political risk, legal environment and operational and strategic legal issue. THE POLITICAL ENVIRONMENT A political system is the complete set of institutions, political organizations, and interest groups, the relationships...
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...of our citizens by bringing arts and culture from the margins to the mainstream of the economy and society through culturally sustainable policies and actions that will lead us to the status of the first Artistic & Cultural Island City in the World Table of contents Page Message of Prime Minister…………………………………………………………. 3 Message of Minister of Arts and Culture …………………………………………... 4 Introduction…………………………………………………………………………. 5 Executive summary…………………………………………………………………. 7 Chapter 1: Overview of the Arts and Culture set-up ………………………………. 19 Chapter 2: The Music industry……………………………………………………... 23 Chapter 3: The Arts sector …………………………………………………………. 30 Chapter 4: Publishing, Reading and Writing ………………………………………. 39 Chapter 5: The audio-visual sector ………………………………………………… 43 Chapter 6: Heritage Management and Promotion………………………………….. 47 Chapter 7: Mauritius, an Artistic and Cultural Island City- ACIC………………… 51 Chapter 8: Developing synergies…………………………………………………… 56 Chapter 9: Arts and Culture: the cement of our nation …………………………….. 61 Chapter 10: Conclusion - Arts and Culture make Mauritius a haven ……………...63 Message of the Prime Minister Culture is connecting with development and is poised to become a fundamental component of sustainable development. This White Paper sets the stage for a revival of arts and culture in Mauritius. My...
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...BEYOND MAPPING – UNDERSTANDING CREATIVE INDUSTRIES. The case of UK Author: Vusal Baghirov E-mail: vusal_baghirov@yahoo.com Mobile: +37060491037 Supervisor: Jekaterina Kartasova Mykolas Romeris University Faculty: Social Technologies Table of contents I. Introduction 1.1. Introduction to research problem. 1.2. Research question. 1.3. Relevance of study. 1.4. Structure of the research work. II. The economy. The creative sector and its spatiality: the case of UK 2.1. Defining Creative Industries 2.2. Characteristics of Creative Industries 2.3. Nature of Production and Provision of Goods and Services 2.4. Creative Industries Employment 2.5. Urban Environments and Creative Industries 2.6. The culture-economy nexus 2.7. The creative sector as a production system 2.8.1. Local production clusters for global distribution networks 2.8.2. High rate of new business creation 2.9. The spatial dimension of the cultural production 2.10.1. The concept of cluster 2.10.2. Types of cluster 2.11. The creative economy as part of the knowledge economy Conclusion Reference list Introduction Creative industries are now more and more promoted as an important component of the “new economies”, which will drive the future economic growth. The economic development debates have now shifted from discussing countries to most often seeing urban areas as the drivers of countries economies and a blooming creative economy is frequently named among necessities ...
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