Copyright Law: Music Downloads
Music piracy is by no means a new phenomenon. At the beginning of the twentieth century, when music was sold in the form of printed "sheet music," pirates took advantage of a the-then newly developed technology called photolithography and sold duplicate copies of the 'legal music' at half the price -- causing great annoyance among the music publishing companies. (Johns, 2002, p. 68) Much later, the 1960s and 70s saw the proliferation of bootlegged songs of the legendary Bob Dylan that almost rivaled the sale of the singer's officially released songs. The recent development of computers, the Internet and music compression technologies such as MP3, however, have given a totally new dimension to music privacy. Free music downloads and the exchange of music files over the Internet has reached such daunting proportions that the music industry considers it as the single biggest threat to its very survival.…...
mlaReferences
Barnes, B., 2004. "Singers say music piracy issue is quality, not bucks." Ledger Enquirer.com Sep. 10, 2004. [Available online] on September 12, 2004]http://www.ledger-enquirer.com/mld/ledgerenquirer/entertainment/music/9619124.htm[Accessed
Benech, R. et al., 1999. "Music Piracy: An Investigation Into the Ethics of Music Piracy in the Information Age" SCU Business Ethics: [Available online]
on September 12, 2004]http://itrs.scu.edu/mcalkins/fall99/EthicsMP3/[Accessed
Bridis, T. 2004. "Music piracy suits wend through courts." MSNBC News: Aug. 20, 2004. [Available online] on September 12, 2004]http://www.msnbc.msn.com/id/5773666/ [Accessed
Copyright Law in Hong Kong
Internationally, Hong Kong has been obligated to protect copyright pursuant to various international as well as domestic copyright conventions which apply to Hong Kong. Amongst the importance of intellectual property right, copyright as well has been recognized under Article 15(1) of the International Covenant on Economic, Social and cultural rights (ICESC) specifying that "The States Parties to the present Covenant recognize the right of everyone… to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author & #8230;" The same provision is found in article 27(2) of the Universal Declaration of Human ights (UDH).
On the other hand the freedom of expression has been protected under Article 27 of the Basic Law and Article 16 of the Hong Kong Bill of ights (BO). It specifies that "Hong Kong residents shall have freedom of…...
mlaReference
Contracting Parties (2012) "WIPO Copyright Treaty (Total Contracting Parties: 89)." World Intellectual Property Organization. Retrieved 14 July 2012 from http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html
N.W. Nethanel,(2008) 'Is copyright the "engine of free expression"?' In Copyright's Paradox, Oxford University Press. Retrieved 14 July 2012 from http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/netanel0608.htm
Samuels, Edward. 1989. "The Idea-Expression Dichotomy In Copyright Law" 56 TENNESSEE LAW REVIEW Retrieved 14, July 2012 from 321-463. http://encyclo.findlaw.com/1610book.pdf
Wendy J. Gordon and Robert G. Bone (1999) "1610 COPYRIGHT" Boston University School of Law, Retrieved 14 July 2012 from
As technology and the capability of removing artifacts from recordings improve this area of the law will be likely to be revisited in the future.
This last revision to copyright law raised more questions than it answered. For instance, was it acceptable to colorize black and white movies? Did this alter them from the original work, or was this an acceptable? Was it OK to alter pieces of work to make them more family oriented, or politically correct? Many of these issues are still a topic of debate in legal circles. As case law progresses, it is likely that many of these issues will be codified in future versions of the law.
Technology was a driving force in changes to copyright law over the years. When the concept of copyright, was first introduced, the printing press was a new idea. The idea of recording sounds or voices was not introduced until…...
mlaBibliography
NG, Rachel. Music Paralegals. May/June 2005. Legal Assistant Today. 27 September 2008 http://www.legalassistanttoday.com/issue_archive/features/feature1_mj05.htm
PatentOffice.com. Copyright Transference and duration. .2008. PatentOffice.com 29 September 2008. http://www.patentoffice.com/copyright-attorney.cfm
Schleimer, J. And Freundlich, K. (2001). Criminal Prosecution of the Online "File Sharing." August 2001. Journal of Internet Law. 29 September 2008. http://www.schleimerlaw.com/criminalprosfilesharearticle.htm .
US Copyright Office. U.S. Copyright Office Forms. 13 September 2008. U.S. Copyright Office. 29 September 2008. http://www.copyright.gov/forms/ .
Copyright Laws vs. Peer-to-Peer File Transfer
This paper presents a detailed examination of copyright laws, with a comparison to peer-to-peer file transfer. The author will take the reader on an exploratory journey, in which the details and outcomes of several well-known cases will be scrutinized. The author will also discuss the importance of copyright laws, and the elements of various cases that caused the rulings to go the way they did. The paper will also include a discussion about the effect Hollywood has on copyrights when it comes to issues such as the ability to download movies and songs. There were seven sources used to complete this paper.
Copyrights vs. peer-to-peer file transfer revisited
INTODUCTION
When the technological explosion of the last few decades created issues in the area of copyright law, many people thought it would be a cut and dry decision. They were wrong. For the last several years, courts around the…...
mlaReferences
Bedell, Doug (1999, August).COMING TO A PC NEAR YOU: First-run movies begin toroll into homes, raising chills in Hollywood., The Dallas Morning News, pp 1F.
Peer-to-Peer File Sharing and Copyright Law after Napster (Accessed 4-3-2002) by Fred von Lohmann Peer-to-Peer question and answer forum appears here. http://www.eff.org/IP/P2P/Napster/20010227_P2P_Copyright_White_Paper.html
Peer to Peer File Sharing (Accessed 4-3-2002)
Another instance may be where a novel writer retains authorship of the novel but can opt to allow a publisher to hold exclusive rights as to the copyright of the novel.
Although copyright law exists to protect an author's right to his or her works, the protection is not in perpetuity but has time limitations. Depending on the country where the copyright law is in place, the protection can be from several years to several decades. In the case of the United States Copyright Act of 1976, "the duration of the copyright for works created after January 1, 1978 is life of the author plus an additional 70 years as per 17 USC §302(a) as amended 1998 and current to November 2008 (Standler 2010). This is a general provision though since there are some works that are already considered in the public domain (especially those published before 1923) while others…...
mlaBibliography:
Copyright Website LLC. What is Copyright? 2011. 30 Jul. 2011. .
QuestionCopyright.org. The Surprising History of Copyright and The Promise of a Post-Copyright World. 2011. 30 Jul. 2011. .
Radcliffe, Mark F. And Diane Brinson. "Copyright Law." FindLaw for Legal Professionals. 1999. 30 Jul. 2011. .
Standler, Ronald B. Observations on Copyright Law. 20 Jun. 2010. 30 Jul. 2011. .
Copyright Law
To promote innovation in developing new technologies, Copyright laws need to be considered and implemented into the innovation plans. Internet Service Providers (ISP) can be held liable for a user committing copyright infringement on the ISPs site under specific circumstances. Internet users who violate Copyright Law can be held responsible by copyright owners and ISPs. Copyright owners can prosecute ISPs and their users by meeting certain conditions, such as cogent evidence.
There are lessons to be learned from Roadshow Film Pty Ltd. v iiNet Limited (AFACT v iiNet) (Moore, 2012). ISPs can terminate or suspend a user account for violation of a Customer Relations Agreement that clearly states that violations of law would hold certain consequences, such as termination of the account. Copyright owners must provide cogent evidence of the acts in a written notice to the ISP that states the methodology of the investigation and the findings. ISPs must…...
mlaBibliography
Moore, D. & . (2012, Apr 23). Roadshow dartFilms Pty Ltd. v iiNet Limited-High court decision handed down. Retrieved from Cornwall Sto: http://cornwalls.com.au/sharing-knowledge/legal-updates/roadshow...%E280%93-high-court-decision-handed-down.aspx
News commentaries online face even more difficulties in regard to laws regarding digital distribution and what constitutes fair use.
Fair Use Focusing on Educational Uses
The fair use exception as it applies to educational cases has raised significant issues for teachers and public relations practitioners. Emerging technologies bring new challenges for today's teachers; the Internet and availability of computers and digitizing equipment provide ready access to great reservoirs of information and knowledge (Newsome, 1997). Newer technologies also allow teachers to transfer, copy, and digitize learning materials faster and easier than ever, and as a result, educational uses raise many questions. Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. However, the limits of what can be used are difficult to interpret. Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if…...
mlaBibliography
AUSC Annenberg. (2007). Fair Use Under Fire. Retrieved July 31, 2007, at http://www.ojr.org/ojr/stories/060223day/.
Bangeman, E. (2005). Congress gives fair use legislation a hearing. Retrieved July 31, 2007 at http://arstechnica.com/news.ars/post/20.html
Carter, Mary E. (1996). Electronic highway robbery: An artist's guide to copyrights in the digital era. Berkeley: Peachpit Press.
Chase, Mark E. (1997). Educator's attitudes and related copyright issues in education:
Secondary Liability, Copyright Law
Digital Copyrights
The content holders now face more challenges than ever before on a global basis because of the digital copyright law. Because of the advancement in the digital technologies the content industry now has a lot of ways through which they can publish the product and services such as: CDs, DVDs and MP3s. Although the CDs and the DVDs are sold through the usual ways but the digital format has given customers the opportunity to make use of a more flexible working models. Because of the availability of the copyrighted media on the internet they can now download individual songs rather than the complete albums and people can download these songs on their iPods and home computers etc. (Lipton, 2009).
These copyright laws have created many comforts for the customer and the content holders as well as they can now make multiple copies of their material at the…...
mlaReferences
Apple Press Release, Apple Launches the iTunes Music Store, April 28,2003, http://www.apple.com/pr/library/2003/apr/28musicstore.html .
Gee, L And Ivanova, L. (2006). Fragmentation vs. Standardization in the Market for Digital Rights Management Solutions: A Case Study Of The Online Market For Audio And Video Content. Taken from: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=920711
Lipton, J.D. (2009). Secondary Liability and the Fragmentation of Digital Copyright Law. Case Research Paper Series in Legal Studies.
Pang, L (2006). Cultural control and globalization in Asia: copyright, piracy, and cinema. Routledge.
Technology has quickly taken over several key areas of entertainment. From journals to music, everything seems to make the shift towards online and streaming versus hard copy. With emerging technologies and increasing internet usage, debates arose over the topic of artistic and literary works. More specifically copyright law and the open list approach versus the closed list approach. While the government changes policy and law according to need and evolution, it is important to look back on how the EU dealt with music and things like performances and broadcasts in order to see why an open list approach to music and copyright would be a better fit versus a closed one. Cases will also provide additional supplementary information as well as help provide an understanding of real world application and efficacy of closed or open list policy to music.
In the 1960's phonograms, performances, and databases became a topic of interest…...
Copyright Basics
Copyright law is designed and enacted to protect artists and other creators. Just as an inventor deserves to patent an invention, an artist deserves the right to own created material including but not limited to film, photography, music, and writing. Although copyright law in many cases ignores the rights of consumers to do as they please with materials they legally purchased, American federal and state statutes do the best they can to create a fair and balanced marketplace. Upon reviewing the United States Copyright statutes, the U.S. Copyright Office's "Copyright Basics" document, the American University Copyright School compendium of resources on copyright, and the American University copyright quiz, I have determined that I need to learn a little more about what is and is not legal behavior.
The answers to the quiz that I got right include basic issues related to plagiarism of academic sources. I must cite all authored…...
mlaReferences
"American University Computer Use and Copyright Policy." Retrieved online: http://www.american.edu/loader.cfm?csModule=security/getfile&pageid=2609353
Copyright School: https://www.american.edu/counsel/upload/Copyright-Assignment.pdf
Templeton, Brad. "Ten Big Myths About Copyright Explained." Retrieved online: http://www.templetons.com/brad/copymyths.html
ally ound the Trade Name
Explain whether or not the fact that Gabby's surname is ally gives her the right to use it any way she wishes.
The mere fact that Gabby's surname is ally does not give her the right to use the name in any means of her choosing. A person's name, alone cannot be trademarked. "Personal names (actual names and pseudonyms) of individuals or groups function as marks only if they identify and distinguish the services recited and not merely the individual or group" (United States Patent and Trademark Office, n.d., para. 1). Furthermore, if another company was using the name ally and had documented a viable trademark claim, that company would have priority use of the mark, despite Gabby's personal connection to the name.
Victor Moseley incorporated his first name into his adult novelty store name, Victor's Little Secret, much to the chagrin of the well-known brand Victoria's Secret.…...
mlaReferences
Moseley, dba Victor's Little Secret v. V Secret Catalogue, Inc. (2003). 537 U.S. 418, 633. Retrieved from http://www.law.cornell.edu/supct/html/01-1015.ZS.html
GovTrack. (2006). H.R. 683: Trademark Dilution Revision Act of 2006. Retrieved from http://www.govtrack.us/congress/bill.xpd?bill=h109-683
Stossel, J. & Goldberg, A.B. (2005). Starbucks vs. Sambucks Coffee. Retrieved from http://abcnews.go.com/2020/GiveMeABreak/story?id=1390867
United States Patent and Trademark Office. (2010). Basic facts about trademarks. Retrieved from http://www.uspto.gov/trademarks/basics/index.jsp
Case 9.3This scenario is an example of an intellectual property case in relation to research. Theos and Lanas actions relate to the use of copyrighted material in research. One of the legal implications, in this case, is whether Lana had valid obligations to assign rights of the copyrighted material to Theo. Secondly, the case generates concerns regarding the extent to which the sharing of data is legal. Theo and Lana acted in a legal and ethical manner as they did not violate copyright or academic honor code. While the school requires students to purchase the costly software application program, they were not necessarily required to purchase it from the school. Therefore, Theos action to purchase the software from an online vendor did not violate the academic honor code and was not tantamount to stealing as shown in Romans 13:9. Lana shared her copy of the program that she had purchased…...
mlaReferences
DeLoe, R.L. (2021). Understanding an assignment of copyright agreement. Retrieved April 23, 2022, from https://www.legalzoom.com/articles/understanding-an-assignment-of-copyright-agreement
Equal Justice Initiative. (2022). Death penalty. Retrieved April 23, 2022, from https://eji.org/issues/death-penalty/
Guizzetti, F. (2017). Cryopreservation: Can you cheat death by freezing yourself? Retrieved April 23, 2022, from https://www.labiotech.eu/trends-news/cryopreservation-cheat-death-freezing/
They may not install personal copies of software they purchased for home use on a school computer; or make copies of school-owned software for either home use or to share with parents and students.
In addition, the laws address the use of shareware. Sometimes people think of shareware as "free," but it is not, and schools may not use shareware beyond the date at which the shareware copyright owner demands payment. In addition, although freeware is free in that the school does not have to pay for it, the law states that people may not sell freeware. Schools are not likely to do that, but they also cannot alter the freeware for any kind of commercial purpose, even if their goal was to support educational goals in some way (Education World).
The cumulative effect of these laws require that schools (as well as everyone else) use commercial software only in those…...
mlaBibliography
Association of Research Libraries (ARL). "A History of Copyright in the United States." Accessed via the Internet 6/2/09. http://arl.cni.org/info/frn/copy/timeline.html#20C
Education world. "Applying Fair Use to New Technologies." Accessed via the Internet 6/2/09. http://www.education-world.com/a_curr/curr280d.shtml
Minnesota State Colleges and Universities (MSCU). "Copyright Law/History," in Intellectual Property and Copyright. Accessed via the Internet 6/2/09. http://copyright.mnscu.edu/introduction.htm
NCSU. "The TEACH Toolkit." Accessed via the Internet 6/2/09. http://www.lib.ncsu.edu/scc/legislative/teachkit/
Australian Property and Trust Law
The objective of this study is to examine a specific scenario. That scenario involves the writer of this work as solicitor for the Goldstone City Council, a fictional authority in Queensland, Australia and head of the property law division of the Council under the direction of the Head Legal Counsel. The Head Legal Counsel has asked the writer to provide a written response to her in regards to the following matter: In 2014, a wealthy local citizen, Mr. obert Kennedy, died. Clause 5 of his Will provides:
"I GIVE AND BEQUEATH the sum of FIVE HUNDED THOUSAND DOLLAS ($500,000.00) to my trustee, the said James Stewart, to establish a fund for the intercultural education of my grandchildren within the Asia-Pacific region AND I DECLAE that the fund so created shall be utilized towards the costs of travel and accommodation within that region and the costs of the…...
mlaReferences
Preece, AA (2000) The Impact of the Law of Inheritance on the Family. Paper delivered at the 7th Australian Institute of Family Studies. Conference Sydney Convention and Exhibition Centre, Darling Harbor Sydney, 24-26 July 2000. Retrieved from: http://www.aifs.gov.au/conferences/aifs7/preece.pdf
Types of Testamentary Trusts (nd) Moores. Retrieved from: http://www.moores.com.au/images/uploads/files/Types_of_Testamentary_Trusts.pdf
Wills and the Legal Effects of Changed Circumstances (2010) Alberta Law Reform Institute. Edmonton, Alberta. Retrieved from: http://www.law.ualberta.ca/alri/docs/fr098.pdf
Wills: The Anti-Lapse Rule: Supplementary Report to the Standing Committee of Attorneys General. National Committee for Uniform Succession Laws. Retrieved from: http://www.qlrc.qld.gov.au/reports/r61.pdf
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.
Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.
Important aspects of the Canadian legal system for business
It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how business is being conducted within…...
mlaWork Cited
DuPlessis D., Enman S., Gunz S., O'Byrne S., (2011), Canadian Business and the Law, Nelson Education Ltd., pp 5-110
The Intersection of Law and Art: Implications for Legal Interpretation
The intersection of law and art has profound implications for legal interpretation. This convergence allows us to consider the law as both a form of art and a subject matter for artistic expression, influencing the ways in which legal texts and principles are understood and applied.
Law as a Form of Art
Law can be viewed as a type of art in that it represents a creative endeavor. Legal professionals, like artists, engage in the construction of narratives, employ language as a medium, and interpret and apply rules within frameworks of meaning. The....
Teaching Students the Consequences of Plagiarism in the Digital Age: Effective Pedagogy and Strategies
Introduction:
In the digital age, where information is readily accessible and easily shared, plagiarism has become a pervasive issue that undermines academic integrity. It is imperative for educators to effectively teach students about the severe consequences of plagiarism and equip them with the skills to avoid it. This comprehensive guide will provide a 1000-word analysis on effective teaching strategies and pedagogical approaches that can help educators educate students on the consequences of plagiarism in the digital arena.
1. Establishing Clear and Explicit Expectations:
To prevent plagiarism, it is essential for....
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