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Copyright Law Thesis

… Copyright Law and the Music Industry: A Paralegal's Role

History of the Copyright Act

Cases That Shaped Copyright Law and Interpretation

Understanding Common Law Copyright and Statutory Copyright

The Basic Rights of Copyright Ownership

Exceptions and Special Cases

F. Copyright Terms of Protection

G. Registration Issues

Analysis of the Paralegal's Role

H. The Anatomy of an Infringement Case

F the Digital Millennium Copyright Act of 1988

G. The Paralegal and Infringement

History of the Copyright Act

Cases That Shaped Copyright Law and Interpretation

Understanding Common Law Copyright and Statutory Copyright

The Basic Rights of Copyright Ownership

Exceptions and Special Cases

Copyright Terms of Protection

Registration Issues

Analysis of the Paralegal's Role

The Anatomy of an Infringement Case

The Digital Millennium Copyright Act of 1988

The…. [read more]


Fair Use Element of Copyright Term Paper

… ¶ … Copyright Law

In the past few years, the "fair use" element of copyright law as it applies to news commentary and educational uses has emerged as a controversial topic, raising the awareness of intellectual property practitioners, copyright holders and governmental agencies alike. Famous copyright cases such as the ones involving Vanilla Ice and Batman Forever have assisted in bringing copyright issues involving fair use to the forefront. Technology as further complicated the problem by easing the manufacture of digital processes involving music and film, as well as the widespread availability of material on the Internet. Federal copyright can be viewed as a bargain between the creator of the writing or invention and the people, as represented by the federal government (Hollaar, 2002). In…. [read more]


Copyright and Public Interest in Archives Term Paper

… ¶ … Copyright and Public Interest in Archives in the U.S.A., UK, and China

What, exactly, is a Copyright? Why is it important? A Copyright in general terms means the set of laws and rules that are set up be a government with the primary purpose of affording protection to the authors or the writers of 'original works' of their own, that they have created. These works may be related to the field of drama or to literature or to art or to music, or to anything else where the original creator and his creation need to be protected by the authorities. The author may have published his works or he may have as yet been in the possession of unpublished works; this dose not…. [read more]


Copyright Laws vs. Peer-To-Peer File Term Paper

… Peer to Peer file sharing

Following the ruling that determined it was okay to record television movies and shows on blank VHS tapes for private use the explosion of alternatives arrived. About the time the Sony trial was winding down the Internet was heating up. The Internet was something that allowed communication between people across the globe and with many at once or one on one. It was and has been one of the most promising futuristic technological inventions in our history. The internet and dot com companies began springing up all over the world and with that came the SONY Betamax clones of sorts. Napster is probably the most well-known peer-to-peer file sharing example that is available at the present time. Peer to peer…. [read more]


Copyright Computer Software Piracy Term Paper

… File sharing, DVD protection and software nuances have recreated the way things are used and shared. Computer technology permit end-users to reproduce and distribute any copyrighted work without an owner's permission. An example can be seen how color scanners reproduced the likeness of dollar bills so accurately that big brother had to recreate the paper-based monetary system from scratch.

Whether thorough software or hardware duplication or alteration, all of these cases had a basic tenet that some individuals and companies feel that sharing is a right. Those companies and individuals that feel that they have a proprietary right on their copyright, on the other hand, are out to stop the concept of free technological sharing. The latter group seems to be more in compliance with…. [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 rights, which include trademark law and the law of passing off which has prevented the practices in which previously registered names in businesses. Once the registered owner of any particular name or trademark has information of the duplicity and illegal reference and promotion of their respective brand, without authorized consent, then the owner has two different options, either the authority can rename their signature, or initiate a legal proceedings towards the 'infringement of the trade mark' (Inigo, 2003), and can suit the respondent, and seek…. [read more]


How Hard Can it Be? Goofing Off to Become a Doctor Case Study

… Rodriguez, 411 U.S. 1, 35 -- 37 (1973), or to a graduate education, as in Galdikas v. Fagan, 342 F.3d 684, 688 -- 89 (7th Cir. 2003) and Spiegla v. Hull, 371 F.3d 928 (7th Cir. 2004). These cases a pivotal to decisions made regarding property interest, and procedural and substantive due process.

Reasoning: The court determined that Charleston did not present sufficient facts in his complaint to permit the court "to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Charleston was not explicit about the terms of his implied contract, and so could not establish a legally protected entitlement to his continued medical education. Bissessur v. Ind. Univ. Bd. Of Trs.,581…. [read more]


Fair Use and Intellectual Property Rights at Cosplay Term Paper

… As has been ruled in Harper & Row Publishing v. Nation Enterprises, Cosplay may be in murky territory when it comes to identifying whether it is not-for-profit or for-profit'but that is really beside the point: 'the crux of the profit/non-profit distinction is not whether the sole motive of the use is monetary gain but whether the user stands to profit from exploitation of the copyrighted material without paying the customary price' (Madonia, 2016, p. 183). If a cosplayer is using a character's likeness in a way that is not incidental to the attainment of profit, then the creator or copyright holder of that likeness is legally bound to a portion of those earnings. If the likeness is, on the other hand, incidental to the profit…. [read more]


Brief 7 Court Cases Term Paper

… Court Briefs - 7 Different Cases

Business Case

Texas v. Johnson

Real Properties Case

Jeffrey A. Beard, Secretary, Pennsylvania Department Of Corrections, Petitioner V.

Ronald Banks, Individually And On Behalf Of All Others Similarly Situated

Intellectual Properties

Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General

Business and the Bill of Rights

Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.

Administrative Agency

Timothy Booth, Petitioner V.C.O. Churner et al.

Torts Relating to Business

Douglas Spector, Et Al., Petitioners V. Norwegian Cruise Line Ltd.

Contracts

Montana, Et Al., Petitioners V. Crow Tribe of Indians Et al

BIBLIOGRAPHY

Business Case

Texas v. Johnson

U.S. No. 88-155 (1989)

Facts: In 1984, during the Republican National Convention in Dallas, Texas while participating in the "Republican…. [read more]


Legal Issues Should Heimusic Case Study

… Another issue for Heimusic under the DPA is its licensing of the database of information to other commercial concerns. If the information is transferred out of the UK it must be to a country with adequate protections (Dotmailer, 2010). The United States is not a country with adequate protections under the requirements of the DPA (Dotmailer, 2010). Heimusic should determine if the licensed entities they are working with are located in countries with adequate protections as defined in the DPA.

The DPA is just the start of a wave of new laws aimed at safeguarding consumer information. Data protection laws are expected to become tougher in the U.S. And Europe in the coming year (Baker, 2010). The European Commission recently published a proposal that paves…. [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…. [read more]


Corporate Compliance Plan on Riordan Manufacturing Thesis

… Riordan Compliance

Riordan Corporate Compliance Plan

The following corporate compliance plan has been developed to manage the legal liabilities of Riordan Manufacturing's officers and directors. The company expects its leadership to serve as models for all employees in the company in regards to ethical and legal conduct in all actions, and there are several areas of decision making and influence that the officers and directors of Riordan Manufacturing hold that require special knowledge of legal obligations and restraints. This corporate compliance plan will detail many of these specific concerns, as well as providing a basic template to ensure compliance with proper procedures, policies, and legal and ethical considerations at all levels of the business, which must necessarily come from the top of the organization if…. [read more]


Netflix the Red Ocean Industry Business Plan

… The second is that better relationships with suppliers will allow not only the business to continue as it has in the past, but will also be something that new entrants have a tough time matching. The third is that better service levels all round will allow for better pricing power. Netflix is going to need better pricing power anyway, but if it grows volume and has better pricing power combined, it will achieve economies of scale that will make it difficult for new entrants to dent its market share. The three strategies combined greatly improve the sustainability of the Netflix business model.

It is also important that the cognitive hurdles are overcome permanently. Doing so will help to improve the long-run sustainability of the company.…. [read more]


Childcare and Productivity Term Paper

… Business

Using Gelso (2006), Harlow (2009), Stam, (2007, 2010), Wacker (1999), and five additional peer-reviewed articles from your specialization, discuss scholarly views on the nature and types of theory. Compare and contrast at least three views of what constitutes a theory, including the view you will use in Part 3 of this question. Be sure to distinguish theory from related concepts, such as hypothesis, paradigm, model and concept.

Using Ellis & Levy (2008), Harlow, E. (2009), and five additional peer-reviewed articles, review the scholarly literature on the relationship between theory and research and the ways research (quantitative and qualitative) can contribute to the theory. Discuss at least three ways research can contribute to theory.

Pick a theory (in one of the views of what constitutes…. [read more]


International Management Ethics and Values Thesis

… International Management Ethics & Values

"Don't be evil:" Corporate responsibility in action at Google

The Google corporate philosophy: Overview

'Don't be evil.' This colloquial phrase, often quoted by company employees and executives, succinctly sums up the Google Corporation's philosophy of social responsibility to the community and its stated commitment to the triple threes of 'planet, people, and profit.' It strives to help its employees become more creative and to enrich their vocational lives, as well as the lives of the consumers the search engine serves as part of its mission ("Company Overview," Google Corporation, 2009) Google's stated purpose is to organize the world's information and make it universally accessible and useful. It tries to behave in an ecologically-friendly manner as well as make a profit…. [read more]


Web Sources Websites Assessment

… The webpage covers its topic well. It navigates to the relevant details about the authors, reviews of this novel, its purchase websites and all the other relevant details. The concerned webpage provides all these details about a particular fictitious character named as "Boilerplate" brought to life by Guinan and Bennet. The webpage, however, appears to be too overwhelming and is not easy to navigate. Rather than that, many web links are given and no return to homepage is possible. Similarly, navigation on the webpage itself is quite difficult. The websites related to literature are expected to provide all the necessary details related to reading materials should be mentioned and also it should offer user-friendliness which lacks in this particular webpage.

The webpage appears to serve…. [read more]


RFP Section M. Compliance Essay

… Though the technical expertise and the costing estimates Lockheed Martin will produce are sure to be accurate, complete, and compelling in and of themselves, given the company's long history of excellence in performing up to the standards of its government contracts, it is often advantageous to hire writers or other presentation experts to prepare these oral presentations (Tracy, 2011). For this reason, and to ensure an objective party is able to take in, digest, and re-explain the project proposal -- thus more substantially ensuring the effectiveness and the clarity of the proposal -- Lockheed Martin will seek non-technical writing expertise in the creation of its proposal.

To approach this in an effective and advantageous manner, Lockheed Martin will need to ensure confidentiality as well as…. [read more]


Green Provides Some Clear Guidelines Term Paper

… e. via telephone, email, marketing, direct face-to-face communication, focus groups, interviews, etc. (Perko, Module 4).

Step 6/7: Create messages/Develop promotion programs

- The messages and development programs are created and implemented with the help of professional marketing or advertising companies (Perko, Module 4)

Step 8: Implement communication strategies

- This is done primarily following the internal organizational structure of the hospital (discussed late in question 6 under health communication) (Perko, Module 4)

Step 9/10: Assess Effects/Feedback

- This is a long-term monitoring process of the management whereby statistical, qualitative and quantitative data and facts are collected to ensure the success or failure of a promotion strategy employed (Perko, Module 4)

3. Discuss three examples of health promotion techniques that can effectively achieve environmental change.

Ethical…. [read more]


Academic Integrity Exercise Essay

… Academic Integrity

Exercise 1- Academic integrity

Academic integrity implies being open and honest in the fulfilment of the academic responsibilities therefore, establishing mutual trust. Honesty and fairness us fundamental in relationships and interactions of the academic community and is attained through respect for the ideas and opinions of others.

Academic honesty means intellectual honesty: fairness and honesty in the formulating argument, using information, and other tasks related to understanding and knowledge pursuit. It is the main principle that determines how students live and learn in a society of inquiry. As the academic community members, students and their instructors are entitled to an intensive degree freedom in their pursuit of scholarly interests (Bertram, 213). Also, with this freedom, however, comes the task to maintain the academic…. [read more]


Accession to the World Trade Dissertation

… Consequently, by the late 1990s, the Chinese government had established 20 intellectual property rights tribunals in intermediate and higher courts (Ostry et al., 2003). These efforts represented a fundamental sea change for the Chinese political leadership as well as the Chinese people themselves. In the years preceding the introduction of economic reforms, the majority of Chinese firms were unwilling to respect intellectual property rights based on the paucity of market competition that was a concomitant of a state-controlled, centralized economy that made the protection of intellectual property relatively unimportant.

Even in this environment, though, the Chinese did in fact have regulations in place concerning trademark and patent protections even if they were largely unheeded; however, following the introduction of widespread economic reforms and the internationalization…. [read more]


Sports Law: Octagon Football Research Paper

… When it comes to the identification of specific individuals, organizations, or enterprises, trade names are used. For organizations like Octagon that are routinely engaged in athlete marketing, the subject of trade names cannot be avoided. The names of players, including their nicknames (if they are deemed to be well established) can be trademarked. Indeed, within the last few years, the number of athletes seeking to secure trademark registrations from the federal government for their images and names has gone up (Goins, 2012). When developing service marks or trademarks for sporting events, Octagon Football must, therefore, at all times ensure that such marks are distinguished from those of entities it does not have special arrangements with. On the other hand, the organization must also take deliberate…. [read more]


Cross-Sectional Study to Determine Factors Term Paper

… South Africa is being chosen because the scarcity of physicians in some parts of the country means that nurses receive extensive medical training because there may be times when they are the only medically trained person within hundreds of miles. Hasina Subedar, head of the South African Nursing Council, states, "The pitch is 'pack your bag', we'll do the rest. As long as the nurse agrees to work in an American hospital for two years, everything else from green cards for the entire family to airline tickets to apartments are taken care of" (CBS News, January 17, 2003).

One option which has been overlooked by many during this period of "healthcare hysteria" is the cadre of skilled, intelligent and available licensed practical nurses. These nurses…. [read more]


Coral Reefs Essay

… Artists get to break the rules because the work of art in our society is to break rules.

This brings us to the ethical problems at the heart of the practice of music sampling. Musicians frequently "sample" each others' work. It is certainly established practice and has been so for centuries at least. But should they be able to do so? The answer to this shifts over time because the ethics of the practice are not distinct from the technology. Digital technology makes it astonishingly easy to sample someone else's music and to do so in a way that makes the sampling/borrowing/larceny seamless.

An essential element of the doctrine of fair use is that part of what makes the use fair is that it is…. [read more]


Contract Law Legal Ethical and Social Issues in Computing Essay

… Contract Law (Legal, Ethical & Social Issues in Computing)

Contract Law

The contemporaneous society is evolving at a rapid pace and most of the emergent changes are derived from the technological background. The hi-tech innovations play a pivotal part in the way we now live our lives and the domain is subjected to numerous modifications. One particular change affecting the it industry relates to the legislation that governs it. This was rather scarce in the beginning, but efforts have been made to improve the legal standards of conducing it operations and using it products.

Despite the steps made in the direction of better legislating Information Technology, breaches still occur. The most common breaking of law in it refers to piracy, or the unauthorized usage of…. [read more]


Distance Learning Term Paper

… Both the lecture sessions and the course laboratory require substantial individual study, concentration, and practice to demonstrate mastery of related concepts. Likewise, ME 172 has enduring linkages to industrial practices.

The Distant Education component offered a fifty-minute connection made three times a week for fifteen weeks during each semester. Collaborating students from both University locations were required to complete nineteen laboratory exercises (ten tutored lessons, and nine production drawings -- including final assembly drawings), using the Pro/E software to model and define each mechanical component or assembly. The Pro/E software was resident only at Brigham Young University's CAD Laboratory. Before the professors assigned each lab project, a live lab session was conducted, similar to the lecture periods. The only difference being that instead of PowerPoint…. [read more]


Ethics Policies on 3 Companies Term Paper

… Ethics Policies on 3 companies.

Ethics Policies

Memo of transmittal

Ethics policies within companies

Microsoft Corporation

Nokia

Intel Corporation

Memo of transmittal

The current ethics policies are the outcome of years of debates as to what should define morality and fair and appropriate behavior. Nowadays, most institutions in the fields of economy, politics, medicine and law guide their activities by a set of morals rules concentrated in their internal code of ethics. To better understand the concept of ethic policies, one needs to analyze the code of ethics of at least three major organizations, preferably all three belonging to the same industrial sector, for instance electronic engineering.

Executive summary

The term ethics generally refers to the conduct and behavior of individuals and groups within our…. [read more]


Marketing in Healthcare Catholic Term Paper

… The mission of the CHW is to provide those in disadvantaged financial positions with excellent health care. It is also their mission to do so in a spirit of Christ-like compassion and love.

If a paradigm of wellness is to be adopted, programs such as community education events could be implemented. These could focus on educating the public regarding the maintenance of health and the prevention of illness. The focus can still be the poor and of course the acute illness care unit can still operate for those who need it. However, if wellness is a greater focus within the organization, some of the existing facilities could be converted to become education centers to help people focus on wellness.

For any organization to grow, new…. [read more]


Marketing Products in America Essay

… This might be as simple as collecting a "cookie" or reference number regarding the computer users ID each time they visit a site. Most sites however, also collect data on visitors or buyers via information collected from purchases, surveys or web forms.

Many ethical businesses will offer statements or opt-out or opt-in programs that state the consumers information will be kept confidential. Sometimes there are clauses in these confidentiality statements however, that allow the marketing strategist to sell the client's information to select buyers, including affiliates of the company. This can become a legal or ethical problem in a marketing campaign.

How Concerns Being Actively Addressed

Gaski (1999) suggests that from a pragmatic standpoint marketing ethics simply establishes normative principles that include "law and economic…. [read more]


Drug Legalization Term Paper

… Drug Legalization

As the country was turning into the 20th century, drugs that were in the market were largely unregulated. There were medical remedies that often contained derivatives of cocaine and heroin. These were freely distributed over-the-counter without a prescription and without the consumer being much aware of which drugs were more potent and which were not. There was a caveat emptor attitude towards the use of medical tonics which could have led to the difference between life and death. This is what led to the war on drugs that led to the implementation of drug regulations. However, these drug regulations have since come of age and they need to be removed.

History of the war on drugs

The war on drugs began in the…. [read more]


Business Environmental Responsibilities and Stewardship the Sustainable Approach Research Paper

… Business' Environmental Responsibilities and Stewardship: The Sustainable Approach

The purpose of the present paper is to discuss the issue of environmental responsibility. The latest business and management trends represent a proof that business owners have started to realize that the manner in which their actions impact the surrounding environment plays influences the future development of the business itself. The positive and constructive attitude that most companies have shown towards the environment demonstrate that entrepreneurs all over the world are striving to be good stewards of our landscape.

However, it must be underlined right from the very beginning that this phenomenon is not being developed at the same pace everywhere across the globe. Nonetheless everybody realizes the advantages that a sustainable approach to business may have…. [read more]

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