COURSEWORK FOR CONTRACT LAW (MUSIC*) *On what basis does the inclusion of samples of a recording made by *Pink Floyd constitute an infringement of copyright? In civil law regarding copyright, there are two types of infringement; primary and secondary. Primary is concerned with the unauthorised use of copyrighted works and secondary would involve the dealing or making commercial use of such infringing copies. In the music industry, an infringement of copyright often consists of an existing piece of music being used by an artist without permission from the person or company who own the rights to the original music or recorded sound. This is exactly what has happened with Alexei Duff. He has used two samples from two Pink Floyd tracks and did not get permission from the appropriate copyright owners. If found guilty in court, this would be regarded as primary infringement. There is a lot of confusion about sampling in the music industry. Several think that if only a small fraction of a piece of music is sampled, whether it is a few notes or a few seconds, then it does not need to be cleared for use however this is not the case. The 1988 Copyright Act says that for an infringement of copyright to have taken place, the sample used must be of a substantial part. This means that it is the quality rather than the quantity of the sample used which determines if an infringement of copyright has occurred. In the case of Alexie Duff, one of his tracks uses a ten second sample extracted from the song “Dark side of the moon” and the sample is looped throughout the track entire. This means that the sample substantially contributes to the overall piece of music created by the artist and as the sample has not been cleared, an infringement of ...
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... to your coursework together with a copy of the question where appropriate. Type your answer to the question using the standard template ensuring you comply with the page limit set in the course handbook for that piece of work. You need to enter your name or anonymity number into the header on the coursework template. If you wish to use footnotes ensure they appear at the bottom of the page. To work in header and footnotes select them from the view menu. DO NOTchange any of the settings – paper size, font, font size, spacing or margins. Paper Size: A4 Font: Arial 12 Top and Bottom margins: 2.54cm Header and Footer: 1.25cm Left and Right margins: 3.17cm Double Spacing It is sensible to check the layout on your computer under page set up in file to ensure you are complying with the above. If you do change any settings your work will receive a maximum of 40%.
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
Instead of giving facts about what he is arguing or simply stating his views on the topic, that music piracy is not stealing, he gives facts telling why it actually is stealing. This is contradicting to what he tries to prove and confuses the audience right at the beginning of his essay. In his concluding paragraph he uses a metaphor to attempt to make his point but, it turns out to be extremely puzzling. “Copywriting as we knew it in the twentieth century is doomed. It will still be able to thrash and writhe for a while yet in its death throes, and cause plenty of collateral damage in the lives of certain individuals, but it is ultimately dead meat” (Moore 249). The metaphor he uses is muddled because by trying to personify copyright it creates a cynical and different point than he is trying to make to end to his essay. Also, it does not tie into the introduction leaving the reader curious about how the opening and closing paragraph are related. The introduction gives all of these statistics of why music piracy is stealing. The closing paragraph gives a description of copywriting in the twentieth century is “doomed”. The two paragraphs are opposite from each other and do not make any sense to the points he is attempting to
Napster does not condone copyright infringement, there is no opportunity in the software to stop this, or for royalties to be paid to the song belongs to. The reaction from recording artists, record labels and other music industry players has been varied, but primarily anti-Napster. The first action to be taken against Napster was by the band Metallica. In April of this year, they sued Napster Inc for copyright infringement.
Write the Essential Question on the newsprint. Put two or three pieces of newsprint near the essential question. Give students a few minutes to generate responses. Then ask students to write their responses on the “tag board”.
format, it’s supposed to be double spaced, but not knowing that, I did 5 pages of single spaced work.
According to “The Changing Landscape of the Music Business,” Artists have to develop an image that appeals to the supporters in order to be unique. This can be achieved through the promotion of their music, but if the artist makes the wrong move, this can result in the artist struggling to sustain their career. There are many ways that licensing music can go wrong, with it either going into the wrong hands, or is abused with promotion so that the song isn’t enjoyed anymore, resulting in less sales or profit for the
I needed to pay attention to multiple areas of the course as I wrote it. Therefore, it felt as though it was a bigger assignment than others. Nevertheless, I liked how all came together in a single document. I was satisfying to see that the course I developed with Dr. Settlage’s guidance taking a shape in a way that is professionally presentable. It was nice added bounce knowing that Saybrook faculty members were supportive in offering the course to their students in the next semester. It meant that the syllabus was not a mere hypothetical document. It was satisfying to create a document, which has a purpose in the world beyond this independent
“Films contain a number of separate copyrights” (Film & Copyright, 2012). Third party copyright material could include music and recordings incorporated into the soundtrack, screenplay and visual images. It is important to get clearance for any third party copyright material and to get a written agreement so each party is clear what their rights are.
Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:
Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the integrity of artists copyrights in the age of MP3. Prince has now filed a motion in New York federal court aimed at shutting down several websites offering free downloads of the Artist's songs." (http://www.mtv.com…19990304/prince.jhtml) In addition, in recent music news, "Nine Inch Nails lead man Trent Reznor copyright infringement suit was dismissed. Another artist claimed that the Reznor had stolen material for his last album." (http://www.mtv.com…19991202/nine_inch_nails.jhtml) The copyright law has become an important legal aspect to know our music generation.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Is important for anyone who has created any intellectual property to protect it. In the music industry, in order for someone to protect their work, they must obtain a copyright. Music has been around before anyone could obtain a copyright and when the invention of the computer came along it made it easier for someone to steal another artist's intellectual property with the help of the internet. This paper will cover what events have taken a big role in copyright protection for artist, the consequences if someone was to break the rules of a copyright which is called copyright infringement, and how will a copyright hold in the future. Were copyrights enacted without the thought of life changing technology, and how can some music companies surpass copyright infringement and make a profit from the artist? Can a copyright really make that much of a difference in the world we know today?
Just two decades ago, saying “copyright” to teachers most likely conjured images in their minds only of the fine-print notice in the front of a textbook. Today, with a world of Web 2.0 technology at their fingertips, copyright issues for teachers can be confusing and complex. Add to that an ever-increasing emphasis on technology literacy in our states’ education standards – forcing teachers to incorporate applications and resources that may be uncharted territory to them – and the waters get even murkier. Teachers bear the double-burden of carefully abiding by copyright laws in their day-to-day incorporation of technology in the classroom, while instilling copyright ethics in students as they meet state standards for technology and media literacy. A review of the copyright literature related to education provides some clarity on copyright and fair use applied to classroom practices, suggests barriers to copyright compliance among educators, and provides suggestions on how to teach copyright ethics to a tech-savvy generation.
...e songs for free? With things like music, these rules of copyright are seldom followed. Many times, music is not distributed with the artist’s permission. The artist’s song, or even album, will often get leaked on a website before the actual album or song gets released by the artist. It connects back to one of the issues with the Internet when it comes to copyright infringement. Often times, people will try to alter the voice, beat, or tempo of a song to protect themselves from a lawsuit for copyright infringement. This can be risky, however, because artists may try and argue how the song lyrics are still theirs, even if the beat is altered slightly. Music downloaders like iTunes are better at protecting the rights of artists, because they require listeners to purchase the music they want to listen to. This helps out a lot when lawsuits could very much get involved.
The syllabus is a commonly created and shared document in the education world (Parkes & Harris, 2010). For some high school, and most higher education courses, it is the first form of contact between an instructor and their students. The organization and content of the syllabus sets the tone of the course and stands as a resource throughout the semester or year. Continual analysis, reflection and refinement helps to maintain the syllabus as a dynamic educational resource for every student in that class (Slattery & Carlson, 2010). An effective syllabus provides, not only an introduction and overview into the course, but also outlines the academic standards and essential questions that are to be covered, shares the course schedule and