Bibliography On Intellectual Property Law

Copyright, Design and Patents Act 1988 – protects the rights of the creators of literary, dramatic, musical, and artistic works, recordings and broadcasts. Copyrighted material can only be copied with the copyright owner’s permission, which includes books, music, photographs, drawings, diagrams, etc;

It is said that “The true content of a photograph is invisible, for it derives from a play not with form but with time”. This makes me think that the real content of a picture, which is what the photographer tried to express, is not evident to perceive unless an explanatory text is provided. In fact, I believe that our perceptions of pictures changes over time as the historical context do. In addition, our opinions are never fixed as they are influenced by our environment. Therefore, when looking at a particular picture at a given time, it is certain that our perception of it will be different in the future based on what happen between the first time and second time we saw it.

The Organization for Economic Cooperation and Development (OECD) defines anti-competitive practices as the many ways firms restrict inter-firm competition to maintain or to increase their relative market position and profits without necessarily providing goods and services at a lower price or at a higher quality. The American Federal Trade Commission states that anti-competitive practices include activities such as price fixing, group boycotts and exclusionary exclusive dealings. These activities are generally grouped as agreements between competitors (horizontal conduct) and monopolization (single firm conduct).

The Copyright Designs and Patents Act (1988) are relevant in a teaching environment. The materials I use to teach learners must either be produced by me, or I must ensure that I and or my organisation have permission to use such materials.

The copyrightable element of the 1963 image should be covered under American copyright law, but the content of the image, including originality and use that need to be defined. Elements that should be protected include the photograph itself. This includes “selecting and arranging the costume, draperies, and other carious accessories in said photograph, arranging the subject so as to present graceful outlines (Burrow-Giles Lithographic Co. v. Sarony, 45, 48 (4 S.Ct. 1884)).” In the 19th century, this declaration was the first time the question of a photograph’s inherent copyright was explained, and is now a standard in the Copyright Act of 1976, where all “two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, and prints…that can identify separately from the utilitarian aspects.” (17 U.S.C. § 101) are considered pictorial works and protected under copyright.

Teju Cole, in his essay “Against Neutrality,” dissected the tones behind photography- which he believes are thought of as unbiased towards the subject. The power of words and of photos is crucial to Cole’s essay. He states that images can “make a grim situation palatable” because of the photographer’s craftiness in selection (Cole 1). To anyone who isn’t an experienced photographer these tricks can be hard to see but Cole provides further insight from the historian, John Edwin Mason. Expectantly, Mason sheds light behind the misconception on photography, how the “manipulation in photography isn’t really about Photoshop or darkroom tricks”, but the style, angle and other aspects of taking photos (Cole 1).

A major flaw of this requirement is its vagueness of the terms being defined. This is even harder to define because of the gap between the “art world and the general public (Dubin 1992, 101).” The

In the past, there have been many disagreements in the trademark standpoint. Examples of this would include the Slants, a Portland-based Asian-American dance band, as well as the Washington Redskins. Throughout the years, there have been many individuals that have stood for Trademark office to rule against the Washington football team and withhold a Federal trademark for their offensive moniker. Although the term “Redskin” is offensive to many individuals, the 1st amendment as well as role of the trademark office should have allowed them to keep their name and trademark.

What benefits do you think the authors of the US Constitution had in mind when they included the right of authors and inventors to have exclusive use of their writings and discoveries for a limited time?

Intellectual property is an asset to an individual or a business. Even though intellectual property is intangible, it is very important to protect it. Protection of intellectual property can be one of the most important business decisions one can make.

Although Sturken and Cartwright claim it is quite easy to fall for the misconception that photographs are “unmediated copies of the real world” (Sturken & Cartwright, 17), this is no longer true, if it ever was. While cumbersome, even before the advent of image editing software, it was possible to modify photographs. Furthermore, in contemporary society, we have completely lost faith in mass media representation; rarely do people expect images to be completely unmodified anymore. This is especially visible in western culture since people are pressured to conform into highly specific aesthetics where even a “natural” look is artificially crafted with makeup and digital filters. Even disregarding direct manipulation to a print through methods such as Photoshop, photographs are manipulated in such obvious ways, it almost seems absurd to point it out. The framing, lighting, and positioning are always adjusted by the photographer. Therefore, people themselves are a type of manipulation; a representative filter through which biases are imbued. In effect, Sturken and Cartwright’s conclusion that all camera-generated images bear an “aura of machine objectivity” (Sturken & Cartwright, 16) stemming from “the … legacy of still-photography” (Sturken & Cartwright, 17) is

limitations that come with a photograph. This idea explains that the truth of a photo is actually a myth

Henry Peach Robinson, born on July 9th, 1830, was a British photographer and prominent author on photography. Known as “the King of Photographic Picture Making,” he began his life’s work as a painter but would become one of the most influential photographers of the late 19th century. He was a prolific advocate for photography as an art form and is well known for his role in “pictorialism,” which, according to Encyclopedia Britannica, is “an approach to photography that emphasizes beauty of subject matter, tonality, and composition rather than the documentation of reality.”

In Roger Scruton's Photography and Representation the author establishes the idea that ideal photography is not art. In the same breath he says that ideal photography is not necessarily an idea which photographers should strive, nor does it necessarily exist. Yet, he bases his argument upon the ideal. In reviewing his paper, I’ll take a look at why he painstakingly tries to make this distinction between ideal painting and ideal photography. His argument is based upon the proposition that photographs can only represent in a causal fashion, whereas painters create representational artwork via intentional relations. Scruton manages to create a solid argument, but in the end I’ll decide it is not a fair assumption to say that photographs

Copyright protection extends to expressions and not to ideas . Originality is the threshold standard of requirement of copyright. The case Walter v Lane [1900] AC 539 expounded the three essential elements (labour, skill and judgment ) of originality. The court adapted to sweat of brow test with no element of creativity require to make the work original. Copyright can be granted if a work is created through the effort of an individual despite the work containing statement of facts and no creative input by an author.