Copyright involves the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work). This enables the creator of such item to have insurance that no one else can steal or replicate their idea. Copyright has seen some of the largest court cases of all time where companies have sued millions due to breaches of copyright.
A French photographer, Patrick Cariou, published a book Yes, Rasta (Powerhouse) for a show at Gagosian Galleryphotographs. The images were of a Rastafarian community in Jamaica.
In 2008 Richard Prince created "Canal Zone", which were a series of art works incorporating Cariou 's photographs of the Rastafarian Community. Prince 's works …show more content…
In April 2013 The SDNY found that most of Prince 's works were deemed to be transformative of the original works to an observer and consequently in fair use. In particular, the Court found that the lower court erred in requiring that the appropriating artist claim to be commenting on the original work, and found works to be transformative if they presented a new aesthetic. The court found 25 of Prince’s works to be transformative fair use under fair use. Cariou and Prince have since settled the case.
Defamation or Libel is a false statement or accusation that harms the reputation of an individual person, business and much more. In regards to journalism there have been numerous cases in the UK of a newspaper organisations publishing an article or an image that could be seen as defamatory to those involved. This has led to numerous court cases against these media outlets due to the defamatory nature of the publication.
For example, in 2011, Comedian Frankie Boyle, sued The Daily Mirror after describing him as ‘racist comedian’. Boyle said the paper defamed him with an article that was published in on 19 July 2011. Boyle claimed that the defamatory article cost him his job on the BBC panel show Mock The Week. The Daily Mirror defended the article they published by claiming it that the 'racist ' description was either true or 'honest comment on a matter of public interest
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In common law, defamation in writing is classified as Libel, and oral defamation as Slander” There are four elements of defamation.
This exclusive legal right that is given to the original artist to print, perform film, publish or record literary and authorize others to do so for their material. This protects a physical expression of ideas , for example someone has an idea to write a book the content that is written in that book is covered by the copyright act as it will be unique to the creator. You do not need to register or claim copyright, this protection is automatic as soon as it is created. If someone steals information or wrongly sells other work or creation for their own financial benefit then this copy right act will protect the original creator and he can claim back the money that has been gained by the person who has taken the material without permission. This protects security and the use of private data as it does not allow anyone to take data or material without the author permission, if this does happen the user who has taken this material can be fined and prosecuted as the products does not belong to them, the author can also decide how his material has been used and if someone breaks his restriction they can also be prosecuted.
| A published false statement that is damaging to a person's reputation; a written defamation
Leslie Silko certainly makes accusations that some could argue far exceed the boundaries of journalism integrity, and fail to deliver with evidence to back them up.
Defamation is defined as a statement that injures another party’s reputation. Defamation includes both written statements, libel, and spoken statements, slander. In order to prove defamation 4 things must be shown: a false statement claiming to be true is made, sharing that information either verbally or through written communication with a third party, fault and damages.
Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.
According to Walsh 2013, a defamation claim is statement that is made about another that is false, not only harsh and/or negative. Moreover, for the plaintiff to win a defamation claim one must provide evidence that contradicts the false information and provide evidence of above level moral, character and integrity. Furthermore, the evidence provided must show that
Libel simply is "defamation of character by published word", the publishing of falsities to hurt a person's reputation or standing. However, now it is not limited to only printed word as in newspapers or magazines. Slander, which is defined as "defamation of character by spoken word" is now portrayed as a form
By definition defamation is the act of injuring someone’s character or reputation by false statements. Cases of defamation are only considered attacks on if they are made in a vindictive or malicious manner. The person’s name is considered not only personal but proprietary right of reputation. Defamation is synonymous with the words libel and slander in terms of law. Defamation is a term that encompasses both libel and slander. Libel is a term used to describe visual defamation; as in newspaper articles or misleading pictures. Slander describes defamation that you can hear, not see. It is mostly oral statements that tarnish someone’s reputation.
This is where the media tend to clash with people. Some journalist may argue and say that when publishing privet information it is in the public interest but they must prove that. This is in reference section4 which states, “The defendant reasonably believed that publishing the statement complained of was in the public interest." This is under the public interest defence, which was created under the defamation act 2013. The law was set up to allow journalists the right to free speech in reference to Article 10 stating “Everyone has the right to freedom of expression.”
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.
Law Provisions for Journalists Facing Defamation Cases The law of defamation exists to protect both the moral and professional reputation of the individual from unjustified attacks. The law tries to strike a balance between freedom of speech and a free press with the protection of an individual's reputation. Should journalists face defamation cases there are defences available.
The NE6 Kingdom Come art exhibiton at the Nassau Art Gallery is comprised of 49 participating artists of Bahamian descent or living and working in The Bahamas, with 25 female artists and 26 male artist including artists from the Family Islands (Edward 1). These Artists individually bring a unique twist to produce original artwork around a theme of change. This uniquely fits the ideals Sabrina Lightbourn projected in her editoral about recognizing the faces of change as Bahamians. The exhibition included five distinct segments: identity, spirituality and balance, justice, transformation, survival and specific features of the Bahamian landscape (Edward, 1). Chief curator John Cox explained the rational behind why the artists collectively chose the sub-title of “Identity” in his essay as: “Knowing who we are makes us confident about who will become. Do we, as Bahamians, understand truly who we are today?” (Edward 1).