Fair use doctrine
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The fair use doctrine is a dense against a claim for the infringement of intellectual property. Under this doctrine, some part of copyrighted work can be used without the permission of the copyright holder. It excuses the unauthorised use of copyright material provided that there is a fair use of the material. The doctrine is founded on the understanding that not all copying is illegal especially in socially important undertaking s such as reporting, criticism, research and teaching. In order for an action to be protected under the fair use doctrine, the use of the materials for non-commercial purposes, the nature of the copyright work, the amount of work used and the effect of the use on the
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The importance of the public having access to intellectual property is founded on the need to provide access to knowledge. Allowing the society to access intellectual property provides access to innovations that enhance social progress, fuel economic growth and elevates poverty and diseases. The inventions under intellectual property benefit the entire society. Access to intellectual property also assists innovation by allowing others to build upon and improve existing concepts. Providing intellectual property to the society creates opportunities for learning and fosters the development of new ideas that are instrumental in shaping …show more content…
This doctrine is an exception to the general rule that another individual can copy another’s work without permission. The doctrine is intended to prevent the rigid application of laws on copyright that would otherwise hinder the creativity protected by the law. In balancing these interests, application of the doctrine is restricted to occasions where the use of the copied material is used for non-commercial purposes. The amount of the work copied should form a substantial part of the original work and should not have an effect on the value of this original work. In essence fair use applies to the use of the material for education, journalism and research. Because it would be unfair for the producers not to have control over what they produce and it would be impractical to deny access to information for the benefit of society, the fair use doctrine ensures a balance between these
I believe that the fair use defense was a useful shield for software industries where products are made from pre-existing codes. It also, in substance, leaves the court more flexibility in striking the delicate balance between copyright protection and the need for development in the industry and the commercial
Prior to the enactment of the Statute of Anne in 1710, the idea of copyright law, remained in the private law context, was in hands of profit-making stationers' company who only served to uphold their own interests in printing the materials. The Statute of Anne deeply affected the American law of copyright (Patterson, 1965) marking the beginning of copyright in a public context. Although the Statute itself had handful of loopholes like it only governed the printing of books and did not stipulate any means to identify the author, it was still often referred as the most authoritative legislation document because of its groundbreaking, historical impact on its protection to the natural and property rights of authors. In my essay, the Copyright Ordinance in Hong Kong will be illustrated to show that it succeeded the spirit of Statute of Anne, favoring the vigorous and prospering development creative work in our city. I would also suggest some ways to amend the Law in the modern circumstances where Web 2.0 Communication Tools reinvented the creative industry significantly.
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
Before any discussion on the actions of MPAA can be broached, it is necessary to deliver a brief historical primer on the intellectual property laws, in particular copyrights. To begin with, a copyright is used to protect creative rather than industrial forms. No formal registration is required to gain protection of a creation. The only requirement is that creation must be expressed, that is, an idea or knowledge in and of itself is not copyrightable, only the expression of the idea.[2]
...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 ...
...ple's physical property, there is clearly a social benefit from the wide dissemination of intellectual propertyi.e., ideas and their expressions.
The copyright law is a law which protects authored works of individuals or groups. This is done to prevent the stealing of intellectual properties of authors and artists; and also to give them exclusive rights to their work to compensate them for their work. There are several types of work that can be copyrighted: artworks, music, computer soft-wares, or videos. For works created post-1977, the copyright act lasts a lifetime for the copyright holder and 70 years after his or her death. Copyright infringements means to use the copyright protected works without permission from the individual or groups, and would often lead to lawsuits between two or more parties.
Copyright describes the subjective and absolute right to the protection of intellectual property such as movies, music, novels, songs, poetry etc. in ideal and material
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.
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.
Copyright infringement is a major issue with media ethics. Many people confuse copyright infringement with trademark infringement (Miller, 2012). However, copyright infringement is when someone unlawfully uses a particular work that is protected by copyright law. These works can include: movies, pictures, songs, albums, artwork, pieces of literature, and newspapers. There is no reason for any of the previous to be copyright infringed, because there are ways to correctly cite all of them as sources, without illegally copyright infringing them. Most people simply do not use their resources to help them with their citing.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.