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Intellectual Property Report Term Paper

… Intellectual Property Report

In an age when the dynamism of global economy has often shifted the balance towards services rather than products, the issue of intellectual property, both recognizing and defending certain inalienable rights that result from the creativity of one's mind has become essential, which explains the development of intellectual property rights legislation aimed in that sense.

The term really began to be used in the United States after the creation of the World Intellectual Property Organization, under the UN, in 1967, and became a more encompassing legislative reality with the passage of the Bayh-Doyle Act in 1980

, which regulated inventions and other creative products that were a direct result of governmental funding, including U.S. universities or non-profits. The 1976 Copyright Act was also fundamental in the development of protection laws in the U.S. For intellectual property, including because it assimilated many of the international norms in this area and allowed for the U.S. To better integrate in the international framework for this topic.

Since the current business environment is no longer local or regional, but rather international and global, international frameworks of intellectual property rights protection have become more and more necessary. However, this is often quite difficult, as it means that the individual rights need to be protected and enforced in a multinational framework, quite often in different states. The treaties between states are thus the first important element in ensuring the appropriate regime for the protection of intellectual property rights at an international level

The initial and treaty in the international protection of intellectual property is the Berne Convention for the Protection of Literary and Artistic Works, revised several times since its initial creation in 1886. The Berne Convention has several important elements that are key to intellectual property protection today. First of all, it provides the common denominator when it comes to national frameworks for protection, because it clearly stipulates that all the member countries part of the convention have to award the same protection rights to citizens of other member states as they would to their own citizens.

Second, the Convention significantly removes some of the administrative and bureaucratic barriers that become a problem when dealing with intellectual property across borders. It is often quite a challenge to deal with such barriers even in a national environment, but once the issue is international, the bureaucratic barriers tend to become extremely cumbersome. Additionally, the Convention facilitates several important registration issues that arise between countries.

The World Intellectual Property Organization (WIPO) has also put together and approved by the members the WIPO Copyright Treaty. The objectives of the treaty were focused both on obtaining a common denominator for national legislation on the issue of copyright and, at the same time,…… [read more]

Inherently Unequal Trips Essay

… An Overview of the Inherently Unequal TRIPS Agreement
In consideration of the TRIPS agreement and its implications to the
global community, it is important to evaluate the relevance of its
establishment as a function of the World Trade Organization (WTO).… [read more]

Commercialization of Living Things Term Paper

… ¶ … patenting living things, and what the limitations are on this patenting process. There are numerous ethical issues surrounding the patenting of living things, and the morality of this practice comes into question. In short, the answer is yes, living things can be patented, but there are certain limitations on the patenting process. The ethics of this practice remain in question, however.

The commercialization of living things actually is not a new phenomenon. In fact, Louis Pasteur received a patent in 1873 for a new type of yeast that did not support disease or organic germs, and in the 1930, Congress passed a law that allowed patenting of "newly invented plants that are asexually reproduced" (Editors). Therefore, living things have been patentable for many decades, but they must be "new" and different, not the same plant or animal that already exists. For example, a mouse cannot be patented, unless it is a new strain of mouse, such as the "Harvard mouse" which was genetically engineered in the lab specifically to study some types of cancer (Editors).

In fact, the "Harvard mouse" was the first patent issued for an animal in Patent office history. Another writer notes, "In April of 1988, the United States Patent and Trademarks Office issued the first patent on a living animal in the history of the world's patent systems. Awarded to Harvard University, the patent covers a laboratory mouse that one of its scientists had genetically engineered to be supersusceptible to cancer" (Kevles). Many people adamantly oppose this type of patenting, feeling it goes against everything that is ethical and moral. Author Kevles continues, "The World Council of Churches attacked animal patenting, declaring that it 'removes the distinction between life and nonlife' and admonishing that 'the gift of life from God... should not be regarded as if it were a chemical product'" (Kevles). This is the very heart of the argument against patenting living things - it is a moral and ethical debate that frightens many people, because it literally gives God-like powers to scientists, and many worry about the continued moral and ethical judgment of these scientists.

There is another problem with the Patent law itself, and that is because it is based on archaic language and meaning. Author Kevles notes, "What is patentable according to statute dates back to the patent law of 1793, which declared, in language written by Thomas Jefferson, that patents could be obtained for 'any new and useful art, machine, manufacture, or composition of matter, or any new or useful improvement thereof'" (Kevles). However, in 1889, the Patent office turned down a patent for a material created from material in pine needles, saying that items found in the natural world could not be patented. However, in the mid-1970s, biotechnology firms were beginning to emerge, and they began applying for patents on some of their technologies. In 1980, the Supreme Court ruled that items that were created in the lab, even if they were living, were not "products of nature,"… [read more]

Real and Personal Property Intangible and Tangible Term Paper

… Property Rights

What are the underlying reasons for the law to continue to make distinctions between real and personal property, intangible and tangible property?

Intangible property, or incorporeal property, is that which a corporation or person owns and can transfer by sale to another person or corporation, but is not a physical substance. For instance it may be a copyright, a trademark or a patent. It is not real estate or personal property. Some jurisdictions refer to it as choses in action. It is distinct from tangible property in that it is not something that is physical and can be physically handled, as is tangible property.

There are two kinds of intangible property, legal and competitive intangible property (). Ownership of intangible property allows the owner legally enforceable reproduction rights. A copyright owner can reproduce the work that carries the copyright and no one else can legally reproduce it without the owner's permission. For instance, an artist may own the copyright to a cartoon character, which is intangible property, but is the source of legal tangible property, such as comic books.

Real property is tangible, such as land, buildings or the fixtures in the buildings. We often refer to it as real estate. Personal property is also tangible, but is distinct from real property in that it can be carried away. It is a thing that one person owns, such as an automobile, some tools or a boat. A person may own, as personal property, a comic book about a cartoon character (the same character mentioned above); this is personal property which the person may sell or keep. But the person may not reproduce a picture of this character for sale, as only the owner of the copyright for the cartoon character has the rights of reproduction of this image.

Although with the advent of computers, the line of distinction between tangible and intangible property seems to be blurring somewhat ("A number of recent decisions... have suggested that this section includes intangible, as well as tangible losses.") 18 U.S.C. 641, which usually applies to tangible property, applies sometimes to intangible property. In United States v. Girard, 601 F.2d 69, 71(2d Cir.) cert. denied, 444 U.S. 871 (1979), the case…… [read more]

Business of Law Term Paper

… AT&T Files Patent Lawsuit Against Vonage

Vonage Holding Corp. suffered another blow since at&T Inc. filed suit, which claimed they were violating a single patent that lets users access an internet phone device. Vonage has lost two high-profile patent lawsuits. All the major phone companies have patents they claim cover aspects of voice-over-internet-phone technology.

From there, at&T has been trying to arrange a settlement with Vonage for the past two years but was unable to negotiate a "reasonable licensing arrangement, which forced to file a lawsuit.

Vonage had hoped to keep negotiating since it is their preference to settle disputes through negotiation rather than litigation. Vonage's primary focus was to improve the quality of service to customers and maximize value for shareholders.

In legal terms, Vonage has been reeling in the past year as it has lost two high-profile patent lawsuits. All the major phone companies have patents they claim cover aspects of voice-over-internet-phone technology, which has violated its agreement with at&T. The company is also in violation because they have not been cooperative in arranging a settlement for the past two years, which is a "reasonable licensing arrangement" even though they claimed the company had hoped to keep negotiating. Furthermore, this is a patent infringement dispute, which the court found Vonage infringed on at&T patents. If it does not go in their favor the court could order an injunction that could have prevented Vonage from signing up new customers. In the past, Vonage won an injunction staying the order and is appealing the original infringement ruling. Vonage in August said it was close to rolling out workarounds for two of the three patents other companies have claimed (at&T sues Vonage for patent infringement).

In my opinion, Internet phone company Vonage Holding Corp. is guilty of disclosing that a third major telecom company had filed a patent-infringement lawsuit against it. Vonage is violating a single patent that lets users access an internet phone device. With the following statement, this company has been in…… [read more]

Why Businesses Need Intellectual Property Law Term Paper

… ¶ … right to use the name with reference to any business activity, and registration of the product with any particular label does not provide any legitimate and permanent right and authority of ownership. It is mainly the intellectual property… [read more]

Intellectual Property Rights Term Paper

… Intellectual Property Rights

Several countries while ratifying the agreement with regard to establishment of the World Trade Organization -- WTO also ratified the inherent Agreement on Trade Related Aspects of Intellectual Property Rights. As is evident the intellectual property rights… [read more]

New Copyright Laws for School Use on Software Programs Term Paper

… Software Copyright - Digital Millennium Copyright Act (DMCA)

In 1998, President Bill Clinton signed into law the "Digital Millennium Copyright Act." Sometimes called DMCA, it is also known as PL105-304. This was a significant addition and support for copyright law for several reasons. It clarified some complicated issues for users and offered international protection for owners of software copyrights.

Part of DMCA included a requirement that the law be re-authorized every three years. This requirement reflects the fact that technology is changing at a rapid place. Owners of copyrights for software will need new protections to protect them from new challenges, and software users will benefit from having important issues clarified. For example, the 1998 authorization explicitly states that people may make backup copies of software to facilitate computer maintenance (MSCU).

The most recent re-authorization of DMCA is called "TEACH," for "Technology, Education, and Copyright Harmonization." This re-authorization addressed specific new issues, including transmissions of performances, which relates to distance online learning, and the use of copyrighted information in educational displays (NCSU).

One example from DMCA illustrates the need for a law constructed to respond to the rapid nature of technological changes. Previous copyright laws did not address the issue of people who devise ways to circumvent protections software manufacturers might put on their software to prevent copying. DMCA specifically prohibits bypassing such programming to make unauthorized copies of digital material, including software.

Pirating," or obtaining licensed software without paying for it, has been a major concern for software manufacturers. The provisions in DMCA were followed by the "Digital Theft Deterrence and Copyright Damages Improvement Act of 1999," HR 3456 (ARL). This law increased fines for pirating software.

TEACH, which was passed in November of 2002, contains recommendations made by the United States Copyright Office, and specifically addresses complications regarding fair use stemming from the growth of distance learning, or taking classes over the Internet without physically attending the university doing the instruction.

While it would be easy to see these laws as putting restrictions on software users, some experts feel that TEACH broadens their choices for online education. However, it does also clarify use limitations. In the long run, most educational institutions want to work within the bounds of the law. The clearer the law is, the more certain they can be that their usage is within legal use. One requirement in TEACH clarifies the need to use copyright notices. Under TEACH, schools must credit not only contributors to information but the software as well. So, for instance, if an online history course uses information compiled from a variety of books and other publications, they must cite those sources. But in addition, they must cite the program used to present the information. If they use PowerPoint, they must acknowledge the use of that program (ARL).

These requirements are in addition to laws and regulations previously on place. The laws are intended to give software publishers the same protections text publishers have. Just as it is illegal to photocopy textbooks… [read more]

Dmca the Digital Millennium Copyright Term Paper

… Many of the country's most prominent computer scientists and technologists tried to prevent the passage of the DMCA by signing a letter to the United States Congress warning that the DMCA would "imperil computer systems and networks throughout the United States, criminalize many current university courses . . . And severely disrupt a growing American industry in information security technology."

Specifically, critics charge that the act makes it illegal to circumvent protection schemes, even if the end-use purpose is legal. This means that a company could violate the DMCA provisions by performing full system backups with images that include anti-piracy-protected software. Others are concerned with the ramifications of making it illegal to traffic in tools that can circumvent protections. As a result, some developers of some security products have pulled their products from the market. One example is a company called LaBrea that sold a tool to trap worms by disguising its destination Web address. LaBrea decided to remove the application for fear that he would be charged with a crime. The DMCA has also been used by some companies to attempt to establish a monopoly. Lexmark, for example, charged makers of third-party ink cartridges with violating the DMCA when they made their cartridges compatible with a chip that Lexmark uses, arguing that the ink-cartridge makers broke copy protection to achieve compatibility.

Because of the DMCA's deficiencies, changes are in order. The Digital Media Consumers' Rights Act (DMCRA) of 2003 was introduced to amend the DMCA. The bill would make it legal to circumvent protections for the purpose of exercising fair-use rights. In other words, an organization would be able to legally back up, transfer and time-shift digital content for their own legitimate use. The DMCRA would also make it legal to produce products that could be used to circumvent protections but whose stated and main purpose was legal.

In summary, the DMCA is an attempt to regulate a new form of intellectual property, digital material. The intent was good, but in dealing with this new area is has had unanticipated negative results on innovation and the rights of the users of the digital material. Therefore, legislation such as the DMCRA is needed to help companies do their job, to protect the rights to use products they have purchased and to encourage competition.


'Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

Rapoza, Jim. "Fair (Use) Is Fair." eWeek 24 May 2004. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"The Digital Millennium Copyright Act." The UCLA Online Institute for Cyberspace Law and Policy. 27 Oct. 2004. .

"Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

"The Digital Millennium Copyright Act." The UCLA Online Institute for Cyberspace Law and Policy. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

Rapoza, Jim. "Fair (Use) Is Fair." eWeek 24 May 2004. 27 Oct. 2004. .

Rapoza,… [read more]

Intellectual Property Law Term Paper

… Furthermore the creators of the content in the information industry, including music creators, have been overshadowed by the "bigger" entities, such as producers, broadcasters and institutional users. Indeed, it has been seen above that the greater copyright and earning issues… [read more]

Chinese Piracy of U.S. Products Term Paper

… New America Foundation. 09 Nov. 2003.

Godfrey, Mark. "Pop Piracy in China." Oct. 2003. 09 Nov. 2003.

Matrix' Studio Zaps China Piracy." 27 Oct. 2003. 09 Nov. 2003.

Issues on Patent and Copyright Laws in China." Santa Clara University School of Engineering. 09 Nov 2003.

News Schmooze: China Gives Up Software Piracy. 07 Dec. 2001. ZDNet UK News. 09 Nov. 2003.,39020381,2100572,00.htm.

Nintendo Unveils Piracy-Proof China Console." 30 Sept. 2003. ZDNet Australia.,2000048600,20279126,00.htm.

Testimony of Eric H. Smith President International Intellectual Property Alliance Before the U.S. China Economic and Security Review Commission." 28 Jan. 2002. U.S.-China Economic and Security Review Commission. 09 Nov. 2003.… [read more]

Copyright Infringement and the Digital Term Paper

… The case against Dmitri Sklyarov is a good example of this kind of infringement even though many feel that the Russian programmer's activities couldn't be categorized as copyright violation. We shall discuss this case later in the paper but for… [read more]

Patent Rights With Seeds/Plants Essay

… Monsanto vs. Bowman & Intellectual Property

Monsanto has taken some major heat in recent months and years due to the extremely rigid enforcement of their patents and/or the planting agreements that they impose on the people that they sell their… [read more]

What Are the Copyright Laws That Pertain to Online Course Ownership? Research Paper

… Education

Copyright Issues in Higher Education -- Ownership of Online Courses

Along with the skyrocketing popularity of online education (also known as "distance education") the issue of ownership of online courses has become controversial and contentious. Who really owns a course that a professor or instructor has created for an online university? What are the copyright implications of authorship vis-a-vis the courses created for online education students?

The letter to President Dwyer and Dean Kaukonen presents a conundrum for Monson College, because Dr. Rose C. Rucker believes she has proprietary property rights over online courses she created / authored, Anatomy Hybrid SP 09 and Physiology Hybrid SUM09. The attorney representing Rucker contends that Rucker had actually created "the basis" for the courses prior to being hired, and that Rucker had never used any college software or computer technologies in the preparation of these two courses.

The best advice President Dwyer and Dean Kaukonen can receive is this: a) don't use Dr. Rucker's online courses and avoid the contentiousness of that issue; and b) research the decisions made by 110 higher education institutions as to who owns online courses; about 70% of those colleges and universities have existing policies and "more than a third of [them] claim complete control over courses…and 41% allow for joint ownership" (Butrymowicz, 2014).

Question 1 -- What are the Legal Implications of Online Course Creation?

The American Association of University Professors (AAUP) has advocated that faculty members "should remain the owner of materials prepared for academic instruction," but universities and colleges have widely varied policies in that regard (Smith, 2005). Certainly faculty members that author online courses should have some level of copyright protection, but that should be balanced against the costs to universities in putting on distance learning courses for students (Smith, 156). Smith further contends that the traditional situation when a professor leaves an institution -- he or she takes "class content" -- but with the advent of online education, if a faculty member develops the course, the product "retains the 'air' of the developing faculty" (Smith, 157). Moreover, Smith asserts that "Online course materials enjoy more indisputable copyright protection because they are readily fixed in a tangible medium" (157).

The Association of American Universities (AAU) has put forth the following policy statements regarding copyright ownership is in question for textbooks, journal articles, and "other scholarly works regardless of medium" (Loggie, et al., 2007): a) if the university provides financial support for the intellectual property it should "own" the property; b) financial "returns" should be shared among scholars and departments; c) money should be "reinvested in new initiatives"; d) protection of the university's reputation should be kept in mind; e) a formal written policy should be forthcoming vis-a-vis handling of intellectual property; and f) faculty members authoring course material should receive "entire returns" until revenue reaches "a stated threshold" (Loggie, 111).

Question 2 -- How Does Copyright Law Work?

Article 1, § 8 of the United States Constitution gives Congress: The power to "…promote… [read more]

Situations in Which a Company Essay

… Especially since their mission statement includes provisions for the common good and helping people. Therefore their threats violated basic human decency in a time of crisis.

• And was the United States and Canada unethical in using their governmental actions in ignoring patent law to gain a negotiating edge in getting the price of Cipro lowered during the crisis?

No, I do not believe that the U.S. And Canada acted unethically in this time of crisis. Their role is to serve the public's good, not to protect company profits; especially in a time of crisis. Therefore, it would have been unethical not to intervene in the market to potential save lives of their citizens.

• Would an International Code of Ethics have assisted in this scenario?

Yes, an international code of ethics and law could have provided guidance under this situation. Given that such threats maybe more common in the future, an international protocol possibly administered in the United Nations could help in resolving disputes in international property rights and ethical decision making regarding intellectual property.… [read more]

Legal Memoranda Statement of Facts Essay

… Recommendations

Depending on the level of funding available for promoting medical marijuana and its legalization, AAI can invest in this issue in a number of ways. Since medical marijuana is not legal within the U.S., funding should be directed towards… [read more]

Value of Access to Excessive Term Paper

… The instinct to share may be good in some cases, but without visual literacy and awareness of copyright basics, sharing visuals could be illegal and violate the rights of the party that created the copyrighted material that was distributed. Basically, without knowledge of copyright basics, people who share photographs and other visuals act recklessly and irresponsibly. Even people with the best or most altruistic intentions could be violating the law and violating the rights given to each person to produces copyrighted material.

There are not many regulations on the Internet as of yet; many governments and private agencies are moving to increase regulations on the Internet. A number of regulatory changes that may come in the near and distant future will certainly be related to copyright and intellectual property laws. Once the Internet was invented and its use became so widespread, topics such as intellectual property and copyright law came to the forefront of news and current events in many countries.

Some of the clear benefits of access to a great deal of visuals are education and growth of viewers and users. One of the challenges to this vast access is the achievement of balance of use with some responsibility. We cannot use the Internet and visuals we locate in any way we want without consideration for the law and copyrights. Visual literacy cannot just mean being literate regarding the imagery and visuals online; visual literacy should also include literacy of the rules, regulations, and laws regarding visuals located online. This way people can still enjoy and share visuals they find interesting enough to share with others online and in the real world and at the same time, those who deserve appropriate credit and material benefits, receive them while taking solace in the popularity and/or use of the visuals they create.


Youtube. (2010). Copyright Basics., Web, Available from: 2012 January 15.… [read more]

Product Piracy Using Specific Examples Term Paper

… Product Piracy

Using specific examples, determine the actions companies and governments can take to ensure that products cannot be easily pirated? videos etc..

Product piracy is a term that relates to all illegal activities that involve imitating, copying, or counterfeiting of intellectual property. It may also include infringement and brand name misuse related to product development, manufacturers, retailers or use of product or services. This vice is normally considered illegal and punishable by the law owing to the fact that it violates the right of privacy. To eradicate this vice, a number of measures have been adopted by governments, individuals and multi-national organizations. According to the International Chamber of Commerce counterfeiting continues to be a rampant societal dilemma accounting to between 5-7% of world trade, it is estimated to be worth U.S. $600billion annually Wall Street, 2005()

Ways in which governments and companies can prevent piracy

One way of ensuring that products are not easily pirated is by using copy protection system. An example is the Serial Shield system which uses special code to defeat tracers, debuggers and monitors to prevent people analyzing unauthorized code instructions. It helps in protecting projects against cracking or code spying without permission. This system is also being initiated in music and software piracy by having them sold in forms which cannot be copied by another individual


(Hamister and Braunscheidel, 2011, Cummings, 2010)

The government can also assist in the fighting against piracy by instituting and enforcing of tough legislation on various products. The government should have an independent body which investigates sources of pirated products and prosecute them in case they are caught. The same bodies should also be responsible for ensuring that no pirated goods are passed into the boarders of a country through any means possible. The government can also reduce piracy by having registered bodies to deal with the production and sales of certain products which can become societal threat if wrongly manufactured. For instance pharmaceuticals may contain incorrect ingredients / quantities or even wrong formula which may seriously cause harm or even kill consumers if not properly handled Chaudhuri et al., 2006.

In this case the government should ensure no counterfeit medicines and over-the-counter drugs are sold to consumers and should work with World Health Organization (WHO) to identify the best way possible, set standards accordingly to avoid Counterfeit Medical Products.

The government can also help to stop or even reduce piracy by creating a better business environment for most industries. Through creation of this better working environment by offering subsidies, tax exemptions, free importation of raw products and even other costs which might increase…… [read more]

SOPA and Pipa Legislation File Term Paper

… Anyone who hacks or downloads these records can face criminal and civil penalties that are rarely applied in copyright cases. For example, the 1996 Health Insurance Portability and Accountability Act (HIPAA) which includes a Privacy Rule requiring protection of all… [read more]

Stop Online Piracy Act Research Paper

… This is important, in showing how the opposition to SOPA is making the situation more complicated.


Clearly, the biggest ethical challenges with SOPA are how this law can be enforced without infringing on civil rights. This is a difficult issue, because proponents are arguing that legal case precedent requires for everyone to have their intellectual property rights respected. While opponents will claim that this law is giving too much power to the government to black out entire domain names and punish providers (such as: ISPs, search engines or payment processors). In both cases, each side is worried about how ethical standards will be enforced from a personal and intellectual perspective. As a result, this is having an impact on business law by creating a conflict between ensuring that legal case precedent remains in place and balancing civil rights concerns. This is what has been creating the moral dilemma about how these kinds of laws will be applied when it comes to copyright protections in the future.


Online Piracy in Numbers. (2012). Go Retrieved from:

SOPA. (2011). House of Representatives. Retrieved from:

Boyden, B. (2010). The Most Important Supreme Court Case in Copyright Law. Marquette University Law School. Retrieved from:

Gaudiosi, J. (2012). Obama Says So Long SOPA. Forbes. Retrieved from:

Gross, G. (2012). Opponents Step Up Pressure. PC World. Retrieved from:

Vefedias, M. (2012). Five Major SOPA Supporters. CS Monitor. Retrieved from:… [read more]

SOPA Objective Argument: The Stop Essay

… The recent Manager's Amendment to SOPA was passed, "narrowing definitions of bad actors, limiting the private right of action that allow copyright and trademark owners to sue, and addressing concerns that anti-piracy measures could eventually denigrate the security and integrity… [read more]

Borrowed" Material Interestingly Case Study

… Hence, this helps to estimate the total project effort: duration, scope, issues, risks, communication, and expectations. Additionally, the produce also needs to ensure that he has a road map of the work for a set timeframe to ensure that the project resources are assigned correctly once the project actually begins.

2. Using sites offering various pictures under a free license. Several sites exist to assist with Sam's problem, such as Creative Commons, which has royalty-free pictures. It is a great tool to use when time is a premium. Additionally, Copyright laws stipulate, "The U.S. Constitution and the Federal Copyright Act give "copyright" protection to "authors" for their "original works," such as photographs. Among the protections that copyright owners have are the exclusive rights to: Make copies of the work; Prepare other works based on the original; Distribute copies of the work to the public by sales, rental, lease, or lending; Publicly perform and display the work. These rights are protected by laws, which provide for damages and criminal penalties for violations. Both the customer and the lab are subject to the law" (U.S. Copyright Office, n.d.).

3. Implement communication mediums to enhance interactions. Effective communication in the workplace is necessary for an effective work environment. Productivity decreases and everyone becomes stressed if people do not communicate effectively. When issues are addressed proactively, the organization can function more efficiently, and the work environment is much more pleasant for everyone.

Determine Solution

Base on the case evidence, the best solution is implementing a project management tool, such as a Gantt Chart (Taylor, 2010). In doing so, the issue of copyright infringement would be handled appropriately and frankly, it could be avoided. The producer would have incorporated all the necessary tasks and anticipated concerns if he had time parameters incorporated into the planning tool. Additionally, communication would be enhanced because everyone would have a clear understand as to the roles, responsibilities, and the associated timelines. Having foresight into internal and external factors that may hinder a project is necessary for project effectiveness.

Expand Solution

To implement the solution, the below steps are needed (American Society, n.d.):

1. Construct goals, outcomes, and milestones for a project.

2. List all activities: tasks, people, and time needed completion.

3. Draw a flowchart and utilize Gantt Chart Software available on the Internet.

4. Review chart with key players to ensure realistic expectations.

5. Schedule a meeting to disseminate chart and expectations with all stakeholders.

Measure Solution

To successfully measure and monitor project performance, all stakeholders should conduct a gap analysis. Revisiting the Gantt Chart throughout the project will ensure all target baselines are met and to allow for any adjustments to the process. Undoubtedly, using a planning tool with royalty-free pictures will satisfy the current problem and prevent future ones.


American Society for Quality. (n.d.). Project planning and implementing tools. Retrieved from

Silliman, J. (2010). Using "borrowed" material. Retrieved from

Taylor Jr., J. (2010, May 27). Top ten benefits of a gantt chart. Retrieved… [read more]

China Counterfeiting Essay

… China counterfeiting written by Geoff Naim (2011) addresses the value of intellectual property. Because more businesses are shifting at least some of their work to China, they are finding that they have to learn new ways to protect their intellectual property so they do not end up losing out to untrustworthy employees and other countries. It is not that China is any less trustworthy overall than any other country, but only that it is so far away from many other places and things are handled differently there. If a company is not used to the way things are done, or that company cannot keep a close eye on its workers, it is very possible that things can go wrong. That is one of the main problems that is being seen in China, according to Naim (2011). More than 85% of the counterfeit goods in the U.S. And other countries come from China, as it is the worst offender for those kinds of things. A recent example was the new iPhone. Before it even came out there were counterfeit, Chinese version available and they were 1/4 of the price of the real thing (Naim, 2011).

Companies fight back when they see that their goods are being counterfeited, but they do not always have a lot of luck in that department. It can be difficult to win a judgment across countries that way, and there are specific rules that have to be followed when attempting to prove that something is counterfeit. If a company changes a product just enough, it can get away with making it and not violating the copyright of the company that originally made the product. Many times, design plans are stolen by counterfeiters, and then those plans are used to make the products and put them on the market before the actual product is available. Companies have been shut down for doing this, but there has only been limited success in stopping Chinese companies from counterfeiting. A British company that makes speakers, B&W, has found that cease and desist letter are generally enough to get Chinese companies to stop trying to make their products (Naim, 2011).

B&W has also…… [read more]

Ethical Issues and Second Life Term Paper

… Ethical Issues and Second Life

"At Linden Lab, creativity and innovation drive our business…we work hard and have plenty of fun along the way… we know it's our job to make dreams come true for our customers. It's all just… [read more]

Online Learning and Intellectual Property in Higher Education Research Paper

… Intellectual Property and Online Learning in Higher Education

The account hereafter discusses the complex issues relating to intellectual property in the context of higher education with a focus on the new implications created by the proliferation of online learning strategies.… [read more]

NBA Properties, Inc. V. Kris John Gaunt Article Review

… NBA Properties Inc. v. Kris John Gaunt

Factual Summary

Kris John Gaunt (Defendant) filed Trade Mark application (number 728289) with the Australian Registrar of Trade Marks on 20 February 1997. Defendant sought registration of "a cartoonlike representation of a dinosaur stepping past a circular device and holding a pizza in its left paw. The words RAPTOR PIZZA boldly feature and surround the dinosaur character." The mark is strikingly similar to the logo of the Toronto Raptors basketball team, whose logo and merchandizing rights are owned by NBA Properties, Inc. (Plaintiff). Plaintiff filed a timely notice to oppose registration. The grounds of opposition allege:

Defendant's trade mark violates of section 42 of the Trade Marks Act 1995,

regulating copyrights;

Plaintiff, and not Defendant, owns the application mark pursuant to section 58 of the Act; and

Use of the application mark would be likely to cause deception and confusion as defined in section 60 of the Act and that Plaintiff has a reputation in this trade mark.

Plaintiff filed a single declaration in support of its opposition and was represented by local counsel at the hearing. Defendant had filed no evidence in support of his application and was not present or represented at the hearing.

Issues Before The Court

Plaintiff's opposition contends three violations of the Act which separately and collectively warrant rejection of Defendant's application. These alleged violations form the bases for the issues.

Issue 1: Violation of Section 42 (Copyright) of the Trade Marks Act 1995

Issue 1a. Under section 1263 of the Copyright Act 1968, does a copyright presume to subsist in work if the defendant does not put in issue the subsistence of the copyright. If so, under section 184 of the Copyright Act 1968 (as well as regulation 4 of the Copyright

International Protection Regulations which requires the Australian Copyright Act to find that, for purposes of litigation, works first published in the U.S.A. are to be treated as if they were first made and published in Australia), is plaintiff presumed to be the owner of the copyright pursuant to section 42 of the Trade Marks Act 1995 if s/he claims to be the owner and the defendant does not dispute that claim?

Issue 1b. If both of the above are answered in the affirmative does this confer upon the Registrar jurisdiction to determine that defendant's application should be rejected based on this section?

Issue 2: Violation of Section 58 (Ownership) of the Trade Marks Act 1995

Issue 2a. Under Section 58 of the Trade Marks Act 1995, is an applicant precluded from claiming proprietorship of a trade mark if that claim depends on a breach of the law, to wit: the defendant's mark is a copy of the mark previously created and owned by defendant.

Issue 2b. Further, does the failure of the applicant to respond to the allegation of breach require that the Registrar find that the applicant has no proper claim.

Issue 3: Section 60 (Prior Reputation) of the Trade Marks Act 1995

Is… [read more]

Education Intellectual Property Thesis

… Education

Intellectual Property

Almost every operational aspect of a telecommunications-based educational network creates important intellectual property issues. Many organizations do not consider copyright issues until forced to do so by litigious copyright owners; controversies frequently arise upon discovery of a lucrative aftermarket for copyrighted works. Institutions that are involved in the telecommunications distribution of educational or instructional programming will be better off by anticipating and planning for such issues rather than dealing with them on the backend (Salomon, n.d.).

Copyright law provides a general framework in which to determine the ownership of various intellectual property rights. Even though the law regarding general interest programming is relatively established, complex questions concerning copyright ownership arise when tele-courses integrate live lectures and preexisting materials. The right of ownership is further clouded when people record programs for tape delayed viewing (Salomon, n.d.). Things really get cloudy when the idea of distance learning is involved.

The TEACH Act offers clarification and expansion of privileges in regards to distance learning. This Act, when coupled with the application of fair use, makes things a lot easier for distance learning providers, faculty, and students. Highlights of the TEACH act as it applies to distance learning are as follows:

One requirement is that qualifying institutions have copyright policies in place, that they provide information and education about copyright and provide notice that materials may be protected by copyright

There must be application of reasonable technological measures that prevent distance learners from retaining copyright materials beyond class applications and prevent unauthorized distribution

Performance and display of copyrighted materials must be a regular part of the class activities and directly related to class content. Instructor are to be the ones that direct or supervise the performance or display and the use must be technologically limited to only students who are enrolled in the class (Bruwelheide, 2010).

In…… [read more]

Purchased the Book Engineer in the Courtroom Term Paper

… ¶ … purchased the book Engineer in the Courtroom at your local bookstore. Why may you sell it to a peer without violating the owner's exclusive right to distribute the work? What principle governs your answer? Could you make a translation of the work? Discuss.

The author's copyright in the work covers only the intellectual expression of his ideas in a fixed medium; in this case, that fixed medium is the book. The author does not have any copyrights or other ownership rights in the physical medium in which his ideas are fixed.

Distribution in the context of copyright issues relates to the process of reproducing additional copies of the work, not to the transfer of ownership of the fixed medium. Anyone with legal possession of a book (i.e. As opposed to where a book is stolen or where physical ownership is otherwise disputed) may sell, transfer, or give that book to anybody else without raising any copyright infringement issues from that type of transfer.

A translation into another language is a derivative work and it must be authorized by the original copyright holder before any such derivative work can be distributed. However, where the purpose and character of the translation relates to the private educational use of the translator and where it does not have any likely effect on the market of the original work, the translation would likely satisfy the fair use doctrine.

Therefore, making a single translation of the work without distributing it or making any commercial use of it is probably allowed under fair use; distributing, selling, or commercially using additional copies of the translated derivative work would be an infringement of the author's intellectual property rights.

Question 2. 17 employees of the Gregg Corporation are enrolled in a company leadership program. As a part of the training class, Gregg hires Paul Photographer to take a picture of the group so each person can have a keepsake. However, the company is closely watching its expenditures, so it only orders one picture from Paul, and then it goes to Wal-Mart to make 17 copies for the employees in the class. Next, the HR manager scans the original picture and places it on the company web site. Are there any copyright problems here? If so, what are they are who is responsible for any potential violations?

The photographer owns the copyright in the photograph. Therefore, Gregg Corporation may only make "personal" use of the photograph, such as by blowing it up and displaying it in their office. Gregg Corporation may not reproduce the photograph by making additional copies of it and doing so violates Paul Photographer's exclusive copyright even before an of those copies is actually distributed in the manner described.

In the event that the customer does make unauthorized copies, the customer and Wal-Mart are both jointly and severally liable to Paul for this unauthorized use and copyright infringement.

Naturally, since mere duplication of the photograph already constitutes a copyright infringement, any subsequent commercial use of the… [read more]

Illegal Downloads: Ethics and Technology Thesis

… Ethics and Technology: Illegal Downloads

Analyzing the Ethical Responsibility of Illegal Music Downloads

and Copyright Infringement

Serving as the catalyst of the debates, litigation and ongoing legal precedents that seeks to define the ethical responsibility for illegal music downloads and… [read more]

Legal Issues in International Web Marketing Thesis

… Legal Issues in International Web Marketing

An Internet domain name is an alphanumeric name given to a web site for identification purposes. In the beginning of the Internet the registration of domain names was done on a first come first serve basis, and in a lot of countries is still done that way today. People could register any domain name that they wanted, regardless of whether it infringed on a trademark holders rights or not. Since the Internet has come to play such an important role in the way that we do things, the issuance of domain names has become a hot issue that has led to some initiatives being developed to help protect the rights of trademark holders. The first thing that was done was that all of the key Internet players got together and adopted the Generic Top Level Domain Name Memorandum of Understanding (gTLD MOU). The purpose of this was to set up a world wide system for allocating domain names while lending more simplicity and accuracy to the entire process (Fitzgerald, Gamerstsfelder, & Gulliksen, 1998).

Because of the ever growing usage of the Internet in all countries around the world it is becoming even more difficult to protect trademarks, copyrights and intellectual property rights.

Every country has its own rules and regulations surrounding a domain dispute which makes it very difficult to protect corporate identities on the Internet. Not only do most countries require that the complainant bear the burden of proof in domain name cases, but they must do it in the native language of the country in which the complaint is being filed. These rules are very different than those that have been set forth by the International Corporation for Assigned Names and Numbers (ICANN), domain dispute resolution policies. These rules specify that complaints attempt to be settled through an administrative process before escalating to a legal process. A complainant must prove the following in an administrative proceeding: that their domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights, that the other party has no rights or legitimate interest in respect of the domain name and that their domain name has been registered and is being used in bad faith (Warholic, 2009).

In Brazil, registration of domain names is handled by the FAPESP (Sao Paulo State Foundation…… [read more]

Illegal File Sharing Essay

… ¶ … Sharing

The issue of illegal file sharing is complicated. Many different issues come into play. One that has not received a lot of attention is with regards to the prosecution of offenders. Thus far, the task of enforcing intellectual property rights that have been violated as a result of illegal file sharing has been left to the victims. The government has not enforced the existing laws, preferring that the Recording Industry Association of American (RIAA) sue file sharers in civil courts. The association has been forced to sue these individuals at a rate of approximately 400 per month (Lake, 2004). What does not make sense is why this task has been left to the industry to deal with. Yes, the industry is losing money because of illegal file sharing. Major record labels shed some 5000 jobs between 2000 and 2006 because of illegal file sharing. Album sales have completely collapsed. Investment in new artist development has dwindled. The industry has been forced to take this action in civil courts to recoup some of the damages it has suffered. They should not have to do this on their own. The government should prosecute individuals who engage in illegal file sharing.

But in truth, it should not fall to the industry to enforce the laws of the land. We need to be clear about the nature of illegal file sharing. It is against the law for a reason. We have developed a system of intellectual property rights because we, as a people, believe that a person's creative output has value and that this value should be protected. In fact, intellectual property rights are considered a foundation upon which a proper market economy can grow. If those rights do not exist, individuals and companies will be less likely to invest. To encourage investment, we need to protect intellectual property - patents, trademarks, written works and works of art. This is why we have laws protecting intellectual property. When a person creates something, it is their property. They alone have the right to market it and make money from it. What illegal file sharing does is it takes that right away from the creator.

Ordinarily, if one party takes something from another party, it is considered theft. This ties back to the very definition of the word 'property'. Files of all type - songs, movies, images, programs - these are all forms of intellectual property. What is sometimes forgotten in this discussion is that the intent of the law is that all property is subject to protection. Yet, intellectual property is not afforded the same protections. If somebody comes into your house and steals your stereo, they are subject to criminal prosecution. The police would never tell you to deal with it yourself in civil court. Yet, that is exactly what is happening with illegal file sharing. Musicians, programmers, moviemakers - all of them are being told that they must deal with the theft of their property on their own. This is… [read more]

Intellectual Property Term Paper

… Intellectual Property

Is the concept of this paper intellectual property? It may seem a strange thing to suggest, but the definition of intellectual property is often just as nebulous. These different interpretations lie at the core of the confusion and the controversies over what is and what is not within this domain. The first, is intellectual property properly property at all (Smith 20007)? The legal definition of property can cover anything from perceptible objects like land, houses, cars, motorbikes, etc. To certain intangibles like debts and domain names. But intellectual property for the most part is information and preventing people from using information, given the ease of attaining it via the penultimate source of the World Wide Web, has become rather difficult (Smith, 2007). One of the most interesting paradoxes is that such a complex subject full of legalese and conundrum could be attracting so much public attention recently. But now that intellectual property has risen in value to billions of dollars in some instances, the public is sitting up and taking notice (Vaidhyanathan, 2005).

Where is the cost and value derived for intellectual property? "Although information itself is a public good and once known would be consumed at zero marginal cost, discovering and making information useful requires inputs that are rival and are susceptible to efforts to exclude" (Smith, 2007, p.1751). And then there is the time honored, at least in some countries, use of copyright and/or trademark to create incentives for those "idea" men or women to be able to create something that will have future marketable value.

Other intellectual property regimes, like copyright, focus more on creation, and still others, like trademark, are more concerned with commercialization than with creation Yet all of these regimes reflect a concern that, in their absence, people will have too little incentive to engage in certain activities with respect to information, whether discovering it, commercializing it, or using it to lower consumer search costs. (Smith, 2007, p. 1747)

So Intellectual property has actually be around for some time, but generally speaking it has not been viewed as it is now, separated from its tangible outcome. Viewing intellectual property in this isolated form has been the source of most of the controversy. While certain information, say that in a Shakespearean play is, by and large, enjoyable by anyone,…… [read more]

Boston Athletic Association (Baa) Registered the Name Term Paper

… ¶ … Boston Athletic Association (BAA) registered the name "Boston Marathon" on the Principal Register and sought to enjoin Sullivan's use of the name "Boston Marathon" on T-shirts Sullivan was selling. Sullivan argued that the Boston Marathon was sponsored by the BAA for the general public, which entitled him to use the name "Boston Marathon" on the T-shirts. However, when Sullivan became an individual vendor he ceased to be a member of the general public. He was not seeking to use BAA's service mark as a consumer, but as a vendor competing with the sale of BAA's official products. Because trade and service marks exist to prevent confusion about the source of products, Sullivan's competing use of the mark is prohibited under trademark law.

Fox used 27 seconds of James Brown footage without formally obtaining permission to do so when making the movie The Commitments, and sought a determination of whether doing so violated copyright law. There are certain situations where the general public is entitled to use portions of copyrighted material, but those situations do not apply when the copyrighted material is used for the financial gain of the user. Because of the financial gain, the fair use issue could only be resolved by looking at two issues: competition and creation. Fox was not competing with James Brown or his sales; instead, the footage used may have had a stimulating effect on Brown's sales. Furthermore, the footage was used to create a movie, which was not only a different work or art, but also a different type of art, than the footage used. Therefore, Fox's use of the Brown footage in The Commitments did not violate copyright law.

14. American Eagle (AE) creating a catalogue that was extremely similar…… [read more]

Piracy in the Video Game Term Paper

… The ISP will then typically notify the seller and ask them to either remove the stuff or close down completely."

The U.S. music, movie and software industries have called for the United States to begin legal action against nations that are major sources of piracy at the World Trade Organization (WTO) to stop widespread piracy they said cost them at least $2.5 billion in 2004 (Reuters, 2005).

Major piracy rings are large in countries like Taiwan and China. However, these countries are now obligated, under WTO rules, to outlaw piracy and crack down on it. In an effort to meet standards, these governments are forced to tighten controls and restrictions on piracy. This will undoubtedly have a positive impact on the video game industry.

Video game companies can effectively prevent the vending of mod chips in the United States, and are currently patrolling the Internet, sending out cease and desist letters to those offering the chips for sale. As a result, the companies that people can order the mod chips from are usually based outside of the United States,

Console piracy is a global industry, and the only way to fight it is with a global approach (Kent, 2003). When game companies describe the battle against piracy, they constantly mention Korea, China, and Singapore. Most agree that local authorities are helpful in shutting down bootleggers, but that the industrialized nations have the best laws for fighting piracy.

"The mod chip penetration rate does not scale here the way it does in other countries," says Stevan Mitchell, Interactive Digital Software Association vice president of intellectual property policy (Kent, 2003). "We have seen new accounts that suggest in Hong Kong, for example, between 80 and 90% of the Xboxes that are made available in storefronts have been pre-modded for sale in those markets. It's an academic issue relegated to copyright office proceedings in this country, but it is a very real economic issue in Asia, and it's a growing issue in Latin America as well."

The notice-and-takedown model serves as a model for other countries (Kent, 2003). However, it is part of an effective enforcement regime, but it's not a complete system. Still, it is a good start for less developed nations. Copyright and trademark are effective enforcement weapons, as people who pirate games copy a trademarked name or logo. However, countries must have laws in place to punish offenders.

Using copyright laws is effective, although it is important to note that litigation is a slow and thorough process (Kent, 2003). Notice and takedown serves as a more logical and quick approach. Still, a global alliance against piracy is a clear need for the future and hopefully countries will unite to prevent future crimes.


Kent, S. (July 3, 2003). Console Piracy: Poking Holes in Good Systems.

Kent, S. (July 19, 2003). Video game giants battle a mutual enemy: pirates. Chicago Tribune.

Reuters. (February 10,…… [read more]

Organizational Emerging Ethics Emerging Codes Term Paper

… Some areas where e-commerce businesses are struggling to understand how intellectual property rights will be handled under U.S. And international law include, for example, when is a hyperlink from one site to web pages within another site illegal? In other words, if one wishes to include a link on an organizational website to another page, because a newspaper has praised its employee compensation package, is it illegal to do so without permission? Legally or not, it is clearly within the organization's interest at present to request and receive such permission to avoid potential legal conflict. ("Intellectual Property on the Web," 24 May 2004)

Another important issue to consider is when is a domain name or a reference a trademark infringement -- in other words, avoid the use of references to, something like, 'our organization offers no McJobs,' or a site name that might sound like an already existing name like EBAY for a boat store going 'online' with its products, etc. Again, even though such issues may currently be contentious legally, the costs to the organization in such murky legal issues stress that the organization err upon the side of caution.

It is in the interests of business to ensure that before laws become set in stone, an organization's own website and use of technology does not infringe upon other trademarks, that an organization consults before hyper linking to outside web pages, and that all information and privacy is verified with the 'sharing' party. While the most obvious business issues usually relate to trademark infringement, also business practices on the web, as disseminated through informational content may be protected and one must be careful that the site design does not infringe upon this either. To make only one example, recently patented a "method and system for placing a purchase order via a communications network, known as a one-click purchase," on their website.

The instinct in business is to take advantage of a situation and an opportunity when it presents itself. However, in this case, those who go the farthest ultimately may pay a harsh price. Better to contribute to the collaborative environment of information sharing with proper citation and a respectful consultation with authors of other sites, than to pay the costs of legal fees later on, even if one is judged to be in the right. Lastly, innovation rather than copying other designs and gimmicks is ultimately more memorable, as well as more legal.

Works Cited

Business Method practices." (2004) Digital Enterprise. Retrieved 24 Jan 2005 at

Fischer, William. (2000) "Intellectual Property in Cyberspace." Online law Course site. Retrieved 24 Jan 2005 at

Intellectual Property on the Web." (24 May 2004) Retrieved 24 Jan 2005 at… [read more]

Intellectual Property No, I Do Not Believe Term Paper

… Intellectual Property

No, I do not believe that the anti-circumvention provision should be repealed.

The reasons for it are that the anti-circumvention provision was enacted since copyrighted intellectual rights in digital form became vulnerable to unauthorized copying and distribution (Berners-Lee and Hendler, 2001). Therefore, the provision seeks that as technology advances, copyright owners will have freedom to adapt their circumvention protection measures accordingly. Although the anti-circumvention provision is general in nature (Usher, 2001), it may still be necessary for preventing the unauthorized use of the intellectual property and its importance becomes even greater for the future as technology is advancing a faster rate than anticipation. The copyright laws are likely to become outdated in this situation (McKenna, 2002).

Because descrambling a scrambled work and decrypting an encrypted work are not the easiest means, since they would require sophisticated means to understand the security means such as passwords and encryption.

The effective measures that the owners…… [read more]

Digital Copyright Problem Term Paper

… Fiona Morgan, writing for Independent Weekly, claims that "copyright law has gone from promoting creativity to hindering artistic expression, thanks in part to the efforts of a few giant corporations that are sitting on billions of dollars worth of intellectual… [read more]

Implications of Software Piracy Essay

… ¶ … Software Piracy)

According to the Business Software Alliance (BSA), piracy is any unauthorized copying, downloading, sharing, or installing of copyrighted software. Software piracy is one of the most common areas of copyright infringement. Due to its prevalence, it… [read more]

European Economics A2 Coursework

… Global Economics


Amount (?)

Balance of Payment Accounts

Import insurance from Ireland

e, u

Import shoes from U.S.

b, u

Export furniture to Italy

Indian tourists' expenditure in UK

d, u

Expenditures UK tourists in China

e, u

Remittances to Bangladesh

k, u

UK FDI into Saudi Arabia

j, v

Interest from UK inv. In Argentina

g, v

Moroccan buys UK bonds h, u

Int. payments for FDI in UK

h, u patent bought from France

q, v

Aid to 3rd world r, u

Increase or Decrease





Dom Trade

Ext trade

















































Question 3

Question 3




Czech…… [read more]

Parody Harry Potter Case Study

… S.C. law:

Fair Use Defense for a Copyright Claim (The American Bar, N.d.)

The fair use of copyrighted works for purposes such as criticism or comment is not an infringement of copyright. See 17 U.S.C. § 107. The idea of fair use reflects copyright law's careful consideration of First Amendment principles, as fair use permits later authors "to use a previous author's copyright to introduce new ideas or concepts to the public." SunTrust Bank v. Houghton Mifflin Co., 268 F.3d 1257, 1265 (11th Cir. 2001). Section 107 of the Copyright Act delineates a nonexclusive list of four factors to assist courts in determining whether a given use of a copyrighted work is fair. The factors include (The American Bar, N.d.):

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The effect of the use upon the potential market for or value of the copyrighted work.

Thus the company could make that argument that Christian youth would not be interested in the Harry Potter series due to the fact that it does not reflect their faith. Furthermore, since Christian's would not likely purchase such goods, then there would be no economic loss or brand damage done to the company.

Works Cited

The American Bar. (N.d.). Intellectual Roundtable. Retrieved from The American Bar:… [read more]

Global Intellectual Property Law Essay

… According to Zhao (2006), research and development occurs in these nations with breaches of intellectual property rights taking place regularly. The difference is these firms will use the applications they created for internal functions. This is resulting in them being able to circumvent various regulations in order to achieve these objectives by having a product that is similar. Yet, it is different with engineers completely redesigning the product. (Zhao, 2006)

Evidence of this can be seen with Zhao saying, "Multinational enterprises (MNEs) are increasingly conducting research and development (R&D) in countries such as China and India, where intellectual property rights (IPR) protection is still far from adequate. We found that weak IPR leads to low returns to innovation and underutilization of innovative talents. MNEs that possess alternative mechanisms for protecting their intellectual properties will therefore find it attractive to conduct R&D at those locations. A theoretical framework is developed to capture the interaction between firm strategy and the institutional environment. The empirical analysis on a sample of 1,567 U.S.-headquartered innovating firms finds results consistent with the hypotheses that (i) technologies developed in countries with weak IPR protection are used more internally, and (ii) technologies developed by firms with R&D in weak IPR countries show stronger internal linkages. The results suggest that firms may use internal organizations to substitute for inadequate external institutions. By doing so, they are able to take advantage of the arbitrage opportunities presented by the institutional gap across countries." (Zhao, 2006)

This is showing how differences in the enforcement of property rights, inside developed countries, are contributing to breaches of various laws. These transformations allow telecommunications companies to develop applications that are similar to each other. Yet, they are unique and different. In many cases, these new applications will be used to enhance their ability to connect with customers and maintain their competitive position. (Zhao, 2006)

Does it have a positive impact or none at all?

As a result, these practices are having a positive impact on the telecom industry. This is taking place with various changes allowing firms to develop multiple applications. These platforms can be integrated with each other in order to have the greatest impact on customers. This is resulting in lower prices and services, which are continually adjusting to meet these needs. (Gokhale, 2004)

However, many of these changes are taking place with intellectual property rights being compromised in countries where there is weaker enforcement (i.e. India and China). In this situation, firms are developing technology and products which is similar to others that are already protected. They will use these new innovations internally to circumvent these laws. The result is a complete transformation in the way firms operate and how these regulations are enforced. This is transforming the sector and the kinds of solutions which are available to everyone. (Zhao, 2006)


Clearly, global intellectual property laws are influencing the actions inside firms by forcing them to change how they interpret these regulations. This is leading to a shift in practices and… [read more]

Media Communication Law Mock Case Scenarios Assessment

… Legal Problems

Case Scenario One

Defamation is an intentional false communication, either written or spoken, that harms the person's reputation; decreases the respect, regard or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or… [read more]

Piracy Over the Last Couple Essay

… After all, there is very little in common between creating a digital copy of a song or movie and attacking and raiding ships or caravans, but by calling it "piracy" copyright infringement suddenly seems like something far more serious. However, calling it "content copying" would likely not make for as dramatic advertisements and lobbying campaigns.

By considering the issue of online piracy from a number of different perspectives and moral and ethical theories, it becomes clear that online piracy is morally permissible. Firstly, it is impossible to find any truly harmful consequences of online piracy, because online piracy does not result in anyone being deprived of his or her property, and the only potential loss is the potential profits that a copyright holder would have received if the pirate had decided to buy the content (something that is not guaranteed). Secondly, online piracy does not truly violate anyone's rights except for the right to profit from copyright, something which might itself be immoral, considering how copyright can be used to monopolize and abuse. Finally, from the perspective of a virtues-based ethical system, online piracy can actually be considered a positive thing, because the decision to pirate something actually demonstrates a number of virtues that are beneficial to the individual and society, such as critical thinking and a willingness to defy unjust laws and authority.


Coelho, P. (2012, January 20). My thoughts on s.o.p.a.. Retrieved from

Singer, P. (2012, February 10). The ethics of internet piracy. Retrieved from http://www.project-

Yglesias, M. (2012, January 18). Why should we stop online piracy?. Retrieved from… [read more]

SOPA, Pipa and Video Piracy Term Paper

… SOPA, PIPA and Video Piracy

Recently Internet sites such as Wikipedia, Reddit and others shutdown for a day in protest of the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). Both SOPA, in the U.S. House of Representatives and PIPA in the U.S. Senate are legislative efforts designed to stop overseas websites from infringing on copyrights and to prevent Internet users from accessing those sites (Mason). These bills are controversial for a number of reasons and have generated a substantial deal of debate. This paper will examine this legislation and support the assertion that is not an effective way to resolve this issue.

According to movie industry video piracy is a global problem. A report prepared by L.E.K. ("The Cost of Movie Piracy"), an international consulting firm, for the Motion picture Association of America (MPA) claimed the major U.S. motion picture studios lost $6.1 billion in 2005 to piracy worldwide. Eighty percent of those losses were the result of piracy overseas. Sixty-two percent of the $6.1 billion were from the piracy of hard goods such as DVDs while thirty-eight percent was from Internet piracy. Furthermore, the worldwide motion picture industry, including foreign and domestic producers, distributors, theaters, video stores and pay-per-view operations, lost $18.2 billion. The typical pirate is age 16-24 and male. Forty-four percent of MPA losses in the U.S. are attributable to college students.

Initially both SOPA and PIPA provided two methods for keeping foreign websites from copyright infringement. One means by which this was to be accomplished was to enable the U.S. Justice Department to seek court orders requiring Internet service providers to block domain names of infringing sites. However this provision provoked a major concern among Interne security experts because of the possibility of "…cybersecurity problems as Web users attempt to bypass the blocks" (Gross). Moreover, opponents to this legislation worry that this provision could lead to legitimate speech being blocked. Both SOPA and PIPA have dropped this method. The other method would allow rights holders to seek court orders requiring payment providers, advertisers, and search engines to stop doing business with an infringing site. In essence rights holders could request that funding be cut off from an infringing site and that search links be removed (Mason).

In December of 2011 founders of Twitter, Google, You Tube and others published an open letter declaring that SPOA and PIPA would enable Internet regulation and censorship equivalent to the government regulation in China and Iran. They also claimed that the bills would stifle online innovation, violate the First Amendment, and compromise the integrity of the Internet naming system. To emphasize the point on January 18, 2012 opponents of the bills staged a 24-hour shutdown of their websites. In the aftermath of…… [read more]

Piracy Theft Essay

… Piracy Theft:

In the past few years, the morality of copying music, movies, and software has emerged as a major issue of ethical debates. Since the times of the use of cassette tapes, consumers have basically been copying and sharing music and movies freely. Piracy, especially online piracy has hit a new high because of the Internet and the emergence of Napster and torrent files. The most important aspect of these debates is based on whether piracy is theft or not. The debates have generated huge controversies mainly because theft is largely considered as morally incorrect or questionable. The arguments on whether piracy is theft are also fueled by the potential negative effects that piracy has on the sale of original products.

Arguments on whether Piracy is Theft:

As previously mentioned, there are several arguments that have been made in support or opposition of whether piracy is theft. On one hand, piracy is not regarded as theft according to various people who argue that it doesn't contribute to the loss of the original but the multiplication and spread of the product or item. For instance, when an individual copies a game, he/she increases the number of that game in the world while the owner does not lose the original copy. Therefore, this people do not consider piracy as theft because by copying copyright protected materials that belong to another person, the owner of the material is not deprived of his/her ownership of the material (Muller, 2012).

On the contrary, piracy is regarded as theft because of the potential negative effects it has on the sales of the original items. This is primarily because the pirate is stealing a sale and thus contributes to negative financial impacts on the owner of the pirated material. Secondly, pirate may give bad reviews of the material they pirated which is likely to contribute to the loss of sales. The best illustration of piracy being theft is that of identify piracy and pirating credit card numbers. When considered as mere copying the digital information, pirating a credit card number just like software is not necessarily wrong because the owner is still in possession of his credit card. However, the use of the pirated digital information of a credit card is theft when the pirate uses the number to make purchases of various items (Billy, 2011). This makes piracy to be theft because the pirate is stealing the owner's credit and using it for personal benefit.

Impact of Piracy:

In addition to the inconclusive debates and arguments on whether piracy is theft, this issue together with file sharing and copyright infringement in the current digital world is very complicated. The actual determination of the morality and legality of piracy is largely dependent on provision of meaningful information of what digital media is and what it should be. The difficulty in identifying whether piracy is theft is also attributed to lack of precise language to explain several kinds of content and information exchange on the Internet. Generally,… [read more]

Anti-Piracy Legislation Infringing Civil Liberties Essay

… ¶ … Against Anti-Piracy Legislation

The Stop Online Piracy Act (SOPA) is a bill pending in the U.S. House of Representatives that is, according to its proponents, intended to stop the illegal U.S. copyright infringement perpetrated from individuals and entities in foreign nations through the Internet medium. A companion bill, the Protect IP Act (PIPA) is also pending in the U.S. Senate. A European version, the Anti-Counterfeit Trade Agreement (ACTA) has already been signed by Australia, Canada, Japan, Morocco, New Zealand, South Korea, and the United States (Jolly, 2012). In principle, these types of legislation are extremely detrimental to the concept of free speech and intellectual liberty and stand to completely undermine the value of the relatively new Internet medium on a worldwide basis.

Proposed Justification

According to the proponents of these pieces of legislation, they are necessary to protect the proprietary interests of the rightful owners of copyrights and other forms of intellectual property from illegal infringement that is rampant online (Wortham, 2012). They point to the harm done to the music and motion picture industry in particular and suggest that the only way to protect the rights of those who produce intellectual property is to censor the entire Internet.


Critics of these types of legislation acknowledge that there is a need to regulate and to prevent certain specific types of activities over the Internet that violate rightfully-held copyrights and other forms of intellectual property. However, these bills are all tremendously overbroad, because they would actually authorize government agencies to shut down entire websites based on even a single instance of copyright infringement posted on the website (Perlroth, 2012

). Moreover, this form of regulation would be triggered even by the posting of unauthorized links to external sites and material posted by members of the public who use the websites in addition to information or links posted by website operators (Perlroth, 2012). These measures go far beyond what is necessary to protect the owners of intellectual property and threaten to stifle free speech, free intellectual expression, political activism, and the very value of…… [read more]

Stop Online Piracy Act Essay

… Stop Online Piracy Act

In the recent past, the internet has continued to gain popularity across the globe with thousands of people now accessing the same from even the remotest of areas. With the unprecedented growth of the internet, businesses… [read more]

Business Decision Analysis -- Cipla Essay

… Some of the loopholes that Dr. Hamied can very easily exploit are explained in the following paragraphs.

One of the loopholes that Cipla could very efficiently use in its favour was the exception for the sales of pharmaceuticals if the provision of a medication from a company was a 'failure to work the patent'. This basically meant that if and when the patent holder was incapable of selling the medicine or was unable to make it affordable for the masses in the country, then the use of the patent was no longer applicable and another company using differently synthesized structures could sell similar medicinal remedies at lowered prices. This is perhaps the most beneficial aspect for Cipla as this is precisely what the company's mantra has been since its inception, i.e. provide medication at affordable prices to masses that would otherwise be difficult for them to afford (Deshpande, 2006).

Of course, history is a good lesson and Dr. Hamied could try to fight against the patent laws on the basis that food and medications must not have patent laws; which is also a line of action that he had successfully completed back in 1972 due to his strong political ties. Dr. Hamied still is a highly reputable in his industry and could use that reputation in his favour by attempting to rally this point again in order to completely eradicate the application of the patent laws in India. Furthermore, he could use the penetration of the AIDS meds he had designed as the bargaining chip to convince the politicians who had the power to disallow the TRIPS agreement's application in the region. However, if this line of action is not successful, he can also influence the politicians to expand the aforementioned loophole and allow Cipla more room to provide affordable medicines. This could be a better line of action simply because the one consistency in India was its poverty and the western pharmaceuticals could never provide the poorer masses of India with the medicines they needed at the prices that they could afford (Deshpande, 2006).


Deshpande, R. (2006). Cipla. Harvard Business School, President…… [read more]

Monsanto Company v. David 516 F3D 1009 Case Study

… United States Court of Appeals,

Federal Circuit.

MONSANTO COMPANY, Plaintiff-Appellee,

Monsanto Technology LLC, Plaintiff-Appellee,

Loren DAVID, Defendant-Appellant

Procedural History

Patentee brought action against soybean farmer, alleging infringement of its patent claiming gene sequence for herbicide-resistant plants.

On April 20, 2006, the district court entered judgment against David

Defendant appealed to The United States District Court of Eastern Missouri who held the ruling in favor of the patentee.

Defendant appealed to the Federal Court of Appeals.

Does a patent for a gene sequence extend to prohibiting planting seeds containing that gene sequence?

Is a farmer able to save seed from a prior year's harvest contrary to the seed company's patent on those seeds?

May an expert witness base his facts upon evidence that itself would be inadmissable?

May a contract provision appearing on the back of a contract when the signature is on the front of the page be enforced?


Prior to planting his soybean fields in 2003, David purchased 645 lbs. Of genetically-modified soybean seeds from Monsanto.

The amount of seeds purchased by Monsanto was insufficient to completely plant David's soybean fields.

David purchased over 1,000 gallons of glyphosate-based herbicide in 2003, a herbicide which would have killed any soybean plants not of the genetically modified variety.

Rule of Law

1. Patents for gene sequence can restrict the planting of a seed with that gene sequence, because the seed contains the patented genes.

2. The testimony of an expert witness is admissible if: based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case.

3. The existence of availability for the patents of plants under the Plant Patent Act of 1939 or the Plant Variety Protection Act of 1970 does not eliminate the availability of utility patents covering plants.

4. In patent infringement cases that are exceptional, the court may award the prevailing party attorney fees.

5. Absent a showing of fraud, a party who signs an agreement is bound by it regardless if additional provisions appear on the back of the signature page.


Court finds that planting a seed with a patented gene sequence would invoke liability for infringement were that seed planted contrary to contracted agreement between Monsanto and David.

The only evidence entered to counter Monsanto was the testimony of David and his daughter, and David's testimony was deemed unreliable in light of his changing his story at least three times.

Koppatschek relied upon the test prepared by Monsanto, and this test is the type of test…… [read more]

Business Essay

… Apparently in can be done relatively cheaply and in a small amount of time, during the rest of the article he goes on to provide examples of small business owners taking the steps to secure and protect their intellectual property, while also relating the positive results this has yielded for these business owners. Personally I couldn't agree more with Mr. Dahl's opinions regarding small business owners and intellectual property. Having a small business is a very challenging endeavor because of the stiff competition from larger competitors with more capital and also because of the current economic recession. Small business owner must take every measure possible to ensure that ideas they have created are protect because these ideas and strategies might be what saves their business. Intellectual property is something that must not be overlooked, trademarks, logos, product packaging, slogans, and product appearance can all set a certain product apart while appealing to the public. This must be protected at all costs because it makes up the identity of a product.

Works Cited

Dahl, Darren. "Intellectual Property." New York Times [New York] 19 Apr. 2011, Online ed.,…… [read more]

Counterfeit Product on Global Economy Essay

… Japan, U.S. And EU experienced a large rise in seizures of counterfeit goods in 2003.Report from U.S. customs revealed that there was a rise by 12 per cent of the figure of seizures in 2003 over the previous year, and this was the same to the value of fakes seized. In 2002 and first half of 2003 from the report of seizures by EU indicate a great increase in the figure of the recovered of counterfeit goods at the borders of EU. From Quality Brands Protection Committee (QBPC), survey is connected with this trend.

US and EU trends indicate an important diversification of activity of counterfeit. The intercepted of the number of toys which are fake in EU by customs had reached 56 per cent in the first half of 2003 as compared to 2002. In miscellaneous seized products, U.S. Europeans customs are seizing additionally goods which are not assembled for example bottles, corks, labels. Over the internet experiences rise in trade as shown by some reports causing counterfeits delivery via the mail.

In the year 2003 as it ends, European Commission publish a number that indicate the customs seized about to counterfeit of about 85 million or articles which are pirated at the external borders of EU (2002) and 2003 first half of 50 million. In 2002, seized 66 per cent of many of counterfeit goods in Europe came from Asia specifically in China and Thailand.

As per the European Commission and Organization for Economic Co-operation and Development, 100,000 loss their jobs every year due to counterfeit goods. (OECD 1998). The estimate of City of New York losses yearly of U.S.$500 million of taxes of state sale due to counterfeit goods. According to survey done in Nigeria shows that 80 per cent of the drugs supplied in main pharmacies in Lagos' capital city were counterfeit.


From the discussion above, counterfeit goods is being experienced in almost all the countries a therefore a serious measure should be taken to curb out this act in all approaches by every country. Heavy penalties should be imposed to the people involved at the time of prosecution.


Global Congress, (25-26 May, 2004). The First Global Congress to Combat Counterfeiting, WCO Headquarters in Brussels

OECD (1998) Harmful tax competition, journal

Xinhua General News Service, February 13,…… [read more]

Music Piracy: The Debate Pro: Supporters Essay

… Music Piracy: The Debate


Supporters of so-called music 'piracy' deny that downloading songs for free is any kind of piracy at all. Listening to music downloaded from the Internet is viewed as very similar to listening to music for free on the radio or copying music using a cassette tape many years ago. In the Sony Corp. Of America v. Universal City Studios, Inc. case (1984), the U.S. Supreme Court held that making copies for free using VHS or Betamax technology was not a copyright infringement. Putting music out into the public domain means that it will be 'shared' in some form, and the ability to tape music did not result in the death of music albums. All forms of physical artistic creation can be copied -- books can be xeroxed; paintings can be reproduced. To take the argument against piracy to the extreme would be to say that any type of 'sharing' including playing music for a friend was illegal, because the friend did not pay for the pleasure of listening to the song (Condry 2003).

Additionally, many services are available on the web for free, although they must be paid for as a tangible product in real life. Newspapers like the New York Times and the Washington Post are available for free in full online, while they still attract paid subscribers. Regarding the argument that artists 'need to make a living:' fans will still want to attend concerts and buy the paraphernalia of their favorite rock stars. Furthermore, the majority of the profits from songs go to labels, not artists. For one of iTune's 99 cent songs, the label receives 47 cents, while the artist, producer, and songwriter/publisher together receive only 18 cents. "The record company makes more than two and a half times what the musicians make" (Condry 2003: 15).

Finally, it seems as if regulating music is against the spirit of American free dissemination of content, under traditional copyright laws: "The original U.S. Copyright Act granted copyright-holders the exclusive right to print, publish, and sell a copyrighted work for fourteen years with a second fourteen-year term possible. There were no rights given to the copyright holder regarding the public performance of…… [read more]

Digital Rights Management Essay

… Digital Rights Management

According to Arsenova (Technical aspects of Digital Tights Management) digital rights management (DRM) encompasses many technical functions for controlling accessibility. The major ones are summarized below.

DRM uses a cryptographic algorithm to encrypt content that needs a secret key - a particular phrase or string of numbers. Only the holder(s) of this key can unlock the content and read it. Often, a cryptographic system uses two keys -- a public key known to everyone and a private or secret key known only to the recipient of the message. For example, when Joe wants to send a secure message to Ann, he uses Anne's public key to encrypt the message and then Anne uses her private key to decrypt it. A digital certificate connects a person's identity with his/her public cryptographic key. The digital signatures are issued by certificate authorities that guarantee that a public key belongs to the person whose name is in the certificate.

Secure Sockets Layer and Transport Layer Security are cryptographic communication protocols for secure communications…… [read more]

Illegal File Sharing Essay

… Illegal File-Sharing

It seems so easy -- like a victimless crime, hence its commonality. However, if this is the case, then why have so many musical artists known for their support of free speech and free use of the World Wide Web taken such a strong stance against illegal file sharing? It is true that illegal file sharing is theft. Although the object cannot be seen and touched like a physical object in the 'real world' the theft of intellectual property, like a work of music downloaded without paying the artist his or her required royalty, is still theft. Artists fear for the loss of their livelihoods, given the fear that benefiting from copyrighting is the only way they can make money from their songs, tunes, and lyrics. but, that being said, how does the government go about enforcing laws against file-sharing online in a way that protects consumer freedom to download music and the freedom of computer programmers to create file-sharing technology, as well as the freedom of musical artists? Because it is almost impossible to prosecute individual users, regulatory agencies have tried to exercise oversight against the providers of the file-sharing services. While it may be appropriate to do so in some cases, as in the case of Napster, in recent cases, the courts and Congress have gone too far in trying to regulate file-sharing and have impinged upon the individual liberties of Internet users in doing so.

The most famous case of copyright infringement upon the Internet was that of Napster and so it has provided the model for most cases that have followed since. The type of file sharing on Napster was eventually declared illegal. Napster was found guilty of committing contributory infringement of copyright laws in Napster a & M. Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000). Napster was described as a wheel within the hub the center of illegal network activity. "All file transfers went to the center and then were uploaded from there," in the way the file-sharing system worked (Hersche 2005). "Napster managers could delete uploads and was fully in charge of all traffic, therefore committed contributory infringement of copyright laws. Contributory infringement is inducing, causing, or materially contributing to the infringing conduct of a third party, 'with knowledge of the infringing activity'" (Hersche 2005).

However, the Napster decision set a dangerous precedent for creating an over-zealous environment of regulating music downloading and creating file-sharing technology. For example, in a later case, the file-sharing system Grokster argued that its Fast Track network has legitimate purposes: although its "Fast Track" or "peer-to-peer" technology allowed users to download software indexing media files on their computer, and make those files available for others to download, Grokster argued that "illegal downloading and uploading of copyrighted materials is beyond the control of the software designers," while the Supreme Court argued that as the apparent purpose of the software was to encourage illegal downloading, it had to be disbanded entirely (Hersche 2005).… [read more]

Sharing Ethical Issues and Internet Technology: File Essay

… ¶ … Sharing

ETHICAL ISSUES and INTERNET TECHNOLOGY: FILE SHARING Unauthorized file sharing is very difficult to justify because it is a form of intellectual property theft. Copyrights in works of art (including music and movies) are extremely valuable, which is precisely why they are recognized and protected by law. In fact, the value of works covered by copyrights are considered so fundamental that, ever since 1978, copyrights are automatically granted to authors of written (and other forms of) work. Registering works with the U.S. Copyright Office makes cases of infringement much more easy to prove and triggers rights to certain types of punitive damages that are not available without formal copyright registration, but the author owns exclusive rights to the work as of the moment it is recorded on paper or on any other medium. In principle, copying a CD to a tape or copying a movie from a purchased format to additional formats is also a violation of…… [read more]

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