Introduction.
In the American case of Pearson Educ Inc V Ishayev 2013 WL 3948505 (S.D.N.Y.).(hereinafter referred to as the Pearson case) the claimants “ publishers of textbooks and accompanying instructors’ solutions manuals brought an action against alleged infringers alleging that alleged infringers wilfully infringed their copyrights by selling unauthorized copies of their manuals over the Internet.’’ Copyright under intellectual property law offers protection to original works of authorship in literary, dramatic, musical and artistic works. It therefore accords exclusive rights to authors.
In the first part of this essay I shall identify the exclusive rights of authors under the United States Copyright Act (hereinafter referred to as the U.S.C.). I shall then examine the conduct of the defendants in the case under consideration to determine whether any of the exclusive rights of the claimants were infringed and whether the court considered all the rights infringed. Comments will also be made on the findings of the court in its application of the law to the facts and whether this in my view was rightly done or not. To be consider- ered also will be whether the court’s decision helped the cause of copyright protection in favour of authors or emboldened copyright infringers to have a field day.
The second part of this essay will look at the law of copyright infringement in the United Kingdom (U.K.) and how a court in the U.K. would have dealt with the facts of the Pearson case under its laws on copyright infringement. This will be done by considering what the actions of the defendants where and whether the copyrighted works under the relevant laws in the U.K there were violated. I shall also look at the remedies availab...
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...nal literary, dramatic, musical or artistic works among others. Section 16 (1)of the CDPA contains the exclusive rights of authors being:
(a) the right to copy the work,
(b) issue copies of the work to the public,
(c) to perform, show or play the work in public,
(d) to broadcast the work or include it in a cable programme service
(e) to make an adaptation of the work or to do any of the above in relation to an adaptation.
A copyright infringement takes place under the UK law when without the license of the copyright owner one does or authorizes another to do any of the restricted acts be it to the work as a whole or any substantial part of it either directly or indirectly and it is immaterial whether any intervening acts themselves infringe copyright.
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COMMENT ON WHETHER THE COURT ACTED RIGHTLY BY ITS DECISION AND WHETHER THIS AIDS AUTHORS RIGHTS OR NOT.
Opinion by Carnes, Circuit Judge. We conclude that the district court’s judgment was an appealable “final decision”. We also hold that the arbitration agreement in this case defeats the remedial purposes of the TILA and is unenforceable.
for attorneys, this case was a significant change in the United States judicial system, and
The central message of this text is that increasingly, outdated copyright laws are being manipulated and put to use in a ludicrous manner. This is resulting in the suppression of people’s ability to generate and share their own creative expressions.
This case brought light to many similar situations. Petitioners supporting Joshua and his mother think that the ruling was unfair and have rallied many times to petition the court. The attempts made to change the Court ruling have
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
Summary of the Court Case. (Cover story). (1989). Congressional Digest, 68(8/9), 194-224. Retrieved from http://ezproxy.wnc.edu:2048/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=8910300671&login.asp&site=ehost-live&scope=site
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
The Statute of Anne (the first modern form of copyright law) was introduced after the printing press was invented. Before this time, books would have to be hand written and for this reason they were ve...
...entertainment industry is saying that intellectual property is just as real as physical property. The digital age faces a true balancing act a digital dilemma if you will- the right to freedom of expression while protecting intellectual property.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
We have to remind legislators that intellectual property rights are a socially-conferred privilege rather than an inalienable right, that copying is not always evil (and in some cases is actually socially beneficial) and that there is a huge difference between wholesale piracy'the mass-production and sale of illegal copies of protected worksand the filesharing that most internet users go in for.
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.
Plagiarism and Copyright Infringement are two terms that mean different things yet are routinely mentioned as synonyms for each other. This is not the case. The underlying reasoning for people who choose to plagiarize and infringe on copyrights involve some of the same ethics and morals, but from a legal standpoint these terms mean different things. This paper will point out the similarities and differences between the two terms. It will first give some meaning and perspective behind each term then it will go into the details of what each term means. It will point out the types of plagiarism that routinely show in academia and what is covered under Copyright law protection. It will go on to compare and contrast the two concepts.