Due to the rise in new technologies, mobile devices and digital copying technology, Copyright is an important political and legal issue in Canada. According to Jay Makarenko (March 2009), “Copyright is a property right. It is a right that one has in relation to the use of his/her private property”. I believe Copyrights are a special set of property rights. More often than not we think of property in terms of tangible objects such as car, television, laptop. The rights one has in relation to these objects are referred as physical property rights. In contrast, Copyrights deal with intangible or non-physical objects commonly referred as intellectual property. These objects do not exist in physical form yet we can still make ownership claims. …show more content…
On the same note, let us consider a book which is a tangible object. Every book has several papers in it and is bounded by a cover. This part of book forms a physical property. However, the series of words in the book form an intangible part which is in relation to copyrights. The term copyright itself means “Right to copy”. It is a right that the owner has to use his intellectual property by any means. Many of the songwriters withhold the copyright over lyrics and musical composition as they have the right to decide who can reproduce these songs under stipulated conditions. If anyone copies the songs without creator's permission, then the individual is violating ownership rights of the property.
In Canada’s constitution, Copyright law falls under federal jurisdiction. It has the single uniform system of copyright law which is same for all the provinces. All the issues pertaining to
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Accordingly, Copyright law should be accessed based on the types and levels of protection to attain the policy objectives but the act itself doesn’t state any purpose or clear statements in the legislative history. It may seemingly be true that supreme court enacted this act for the “benefit of authors” but how should this be implemented? For example, just by granting strict rights to exclude (i.e. prohibit use) necessarily be the best implementation? (Daniel J Gervais, 2005). According to Daniel Gervais(2005), “Copyright is an incentive that, properly calibrated, can positively affect the creation availability of knowledge and intricate balancing of competing considerations is necessary to ensure that copyright does not undermine the public policy objectives that it purports to advance.” Author is indicating that the role of copyright in creation, production and dissemination of knowledge is the starting point. Even though the supreme court might have tackled in the recent trilogy of cases, at what point can the optimal level of creation, dissemination reach and if one protects copyright beyond the optimal level what would the risks be? Hence, to achieve the optimal protection level, the supreme court should consider the growing volume of research done by economists along with recent developments in the
It is often conceptualized that property is the rights of 'ownership'. In common law property is divided into real property, which is the interests in land and improvements there, and personal property, which are interests in anything other than real property. Personal property is divided into tangible property (such as a bike, car and clothse), and intangible property (such as bonds and stocks), which also includes intellectual property (copyrights, trademarks etc). The modern property rights conceive of possession and ownership as belonging to legal individuals, even if the individual is not a real person. Hence, governments, corporations and other collective forms of ownership are shown in terms of individual ownership.
This paper covers two law cases on copyright infringement. The first one is Jacobus Rentmeester v. Nike, Inc., a case in which Nike was accused of infringing the copyright of a photo by creating a similar photo and logo. The focus is on how the court determines the breadth of copyright protection and the assessment of substantial similarity. The second case is Oracle America, Inc. v. Google Inc., a case in which Google was accused of infringing the copyright of Java codes. The highlights are the discussion on copyrightability and fair-use defense. The paper ends with some concluding remarks on the dilemma courts face when seeking a balance between copyright protection and freedom of creation / industrial development.
To begin with, the Copyright Ordinance inherited the spirit of the Statute of Anne that it recognized the copyright of owners and respect their originality to a very large extent. At the very beginning of the Text in the Statute, it mentioned that this law served to prevent the liberty of printing, without the consent of the author, to the detriment of him and his family (Patterson and Joyce, 2003). The provisions in subsequent chapters all overturned the tradition of monopoly of publishers (Deazley, 2004) by licensing to the author instead. This fundamental goal of the Statute can be still found in the Copyright Ordinance. Section 4 of the Ordinance is a highly in...
a car, wallet, photograph, shirt, pen and phone and so on) (Roger, 2012). The intangible personal property, on the other hand, is personal property that by its very nature does not have a physical existence as such, but is merely a right that can be owned as opposed to a real, tangible objects (i.e. stocks and bonds) (Roger, 2012). Overall, the real, intellectual and personal property has the same rights under the law, but their circumstances are very different in
Intellectual property abounds in our society, it is the direct result of the expression of an idea or other intangible material (Zuber, 2014). Our laws provide rights which are specific to the owner of the intellectual property. Furthermore, intellectual property is protected by laws just like tangible property is protected (Lau & Johnson, 2014). The most widely known forms of intellectual property rights include: trade secrets for confidential information, patents for a process/invention, copyrights for creative items and trademarks for brands (Lau & Johnson, 2014). While these rights may appear very defined, there are times when questions
“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...
This essay will analyse the case and the possible outcome and impact of the decision of the case especially under copyright exception itself.
Throughout Australia, copyright is established under the ‘Commonwealth Legislation’, the ‘Copyright Act 1968’. This is updated periodically for the purpose of taking into account, the changes in technology, where International Treaties can also apply. Regulations that specify matter related to the operation of the Copyright Act are the ‘Copyright
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
Governments provide the legal and social framework in market economies by establishing and protecting the rights to private property and to the economic gains derived from the use of that property. The government's protection of private property extends to land, factories, stores, as well as intellectual property. Intellectual properties are protected by exclusive rights, called copyrights, to protect such things as books, music, films, and computer software programs, etc; or patents, protect other types of inventions, designs, products, and manufacturing processes. These exclusive issued rights give the holders the rights to sell or market their products and creations for a specified period of time.
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 ...
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.
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
A copyright is a legal means that gives the creator of mythical, imaginative, musical, or other creative work the solitary right to publish and sell that work. Copyright owners have the right to manage the reproduction of their work, including the right to receive imbursement for that reproduction. An author may contribute or sell those rights to others, including publishers or recording corporations. Breach of a copyright is called copyright