In the case of The Canadian Copyright Licensing Agency (Access Copyright) vs. York University, I believe that the plaintiff, Access Copyright, will not be successful in their lawsuit against the defendant, York University.
Access Copyright is a non-profit agency that represents writers and publishers by collecting and distributing royalty fees on their behalf. Although this is a “non-profit” organization, Access Copyright does still charge administration fees for their services and enforces a business model that has worked its way into attempting to monopolize their copyright services by making their presence mandatory through seeking to implement a permanent tariff for industries to pay if they are not licensing the rights to copyrighted material through their agency. York University, the defendant, is one of several Canadian Universities that has been operating outside of the Access Copyright’s temporary tariff since 2011. The wise decision to operate outside of Access Copyright is supported by the University’s proven commitment to ensuring that all access to copyrighted materials for studying, teaching, and research purposes are being properly used with the appropriate payment to authors and publishers independently. By ensuring that both the authors and publishers’ copyrighted materials are compensated and all royalties are paid directly towards them this cuts out the need for a middleman, which in this case is Access Copyright.
On April 8, 2013, Access Copyright
Gaylor in this film proved to be successful in getting his point across effectively by providing I of information and facts to the audience to make his claim believable but also provided visual proof of his arguments. He does this by introducing us to each copyrighting law he could cover and cross examines and depicts the nature of the big businesses and corporations funneling their money behind these copyright infringement laws. For example, he breaks down a fair use claim which is we have the right to fair
• The suit alleges that the corporation engaged in unfair billing practices relating to subscription fees charged to its clients; the suit was filed in the Ontario Supreme Court (OSC.)
Then again, the UCSD understudies pay for the right to gain entrance, accordingly providing for them their own particular rights to the right to gain entrance and how they utilize it. In the event that the colleges were giving the server access to the understudies free of charge, then it would be an alternate story. Yet, since the understudies are paying for the right to gain entrance, they get rights through the exchange. Case in point, the vast majority would concur that the college would not be permitted to preclude understudies from connecting to a site which condemned the college. In spite of the fact that, if UCSD contended that they claim the server and they can confine their clients however they see fit, how is this contention not the same as the case close by?
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.
In the defense of Professor Faden, I believe that his video is protected under fair use. The intentions of the video was to teach others about copyright, and because it was used for educational purposes, it is completely legal for Faden to have used the scenes from the Walt Disney Studio films. In the Title seventeen, Chapter one of the United States code, it states that the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes, is protected under the fair use doctrine.
I decided to research a famous copyright infringement case. The case was Cariou vs. Prince. Richard Prince is an American painter and photographer. Prince began copying other photographers’ work during 1975. Prince’s intention for copying other artists’ work is for him to create his own unique version of it. During a presentation at the Gagosian Gallery, Prince re-created 41 pictures from a photography book by Patrick Cariou, who is a French photographer. Prince explained that he produced new connotation out of the pictures. But, Cariou argued that it was not fair use, but it was in fact copyright infringement (“5 Famous Copyright Infringement Cases (what You Can Learn”). In 2011, a judge ruled in favor for Cariou, explaining that the alterations
The case of Universal Music Australia Pty Ltd v Sharman License Holdings Ltd (2005) 220 ALR 1 was an Australian court case involving music labels suing the distributors (Sharman parties) of software that authorized access to the Kazaa peer to peer network. The court case involved the responsibility of the distributors for authorising copyright infringement by giving authorization to users to infringe copyright materials by sharing copyright-protected material without permission of owner. The court decided there had been authorization by the Sharman parties for infringement to occur due to the knowledge the Sharman parties knew. The legal and non-legal responses were effective in ensuring amendments to current acts and educating people on the copyright laws. Sharman Networks Ltd had authorised the infringing conduct of Kazaa users.
U.S. copyright law allows a successful plaintiff in a copyright case to obtain an award of statutory damages for copyright infringement by his sole election in lieu of actual damages or an accounting of defendant’s profits. The award is called special or extraordinary largely because it does not require any proof that the plaintiff has suffered an actual harm from the infringement or that the defendant has made a profit from the infringement.[n2] Plaintiff can choose to elect at any time up to the final judgement, and the award is to be granted in any amount that the court considers “just” in a range between $750 and $30,000 per infringed work, and up to $150,000 per work in case of a willful infringement. [n3]
Failure to Protect and Abuses of the Section 1201 of the Digital Millennium Copyright Act
The writers Peter Sunde and Wendy Cope, who are behind respectively article 1 “It’s Evolution, Stupid” and article 3 “You like my poems? So pay for them” have focus on the same topic “Copyright violation and illegal downloading” but from two completely different and conflicting points of view.
In any survey of UK law, it must be considered that there are a multitude of options that are made available to both plaintiff and defendant in a copyright infringement case. The
The Company is taking advantage of the new provision under Canada’s Copyright Modernization Act, the notice-and-notice program, based on this law not an illegal act, but the notice is put in place to educate people. There is no playing of favourites, everyone is considered equally, consequently leading to fairness (Tittle, 2017). Wrongdoing should not be the other of the day because of easy access and speed downloading.
The defendant is accused of copyright infringement in violation of the Copyright Act. Copyright violations were knowingly caused by the defendant by promoting the use of software sharing networks and advertisement solicitations that broadcast a message designed to stimulate others to commit violations. The distributor efforts were to supply services to a former file sharing client’s users, which copied and distributed infringing files. Furthermore, the defendant did not create a Web filter to minimize the infringing activity using their software. It was assumed the defendant made its “money by selling advertising space, directing ads to the screens of computers” that used their software intentionally encouraging others to infringe on
Identify and discuss these copyright challenges in the modern digital economy using examples from case law.
The enduring fascination for people is that they want law to be flexible in the matter of copyright. This was clearly expressed by Ed Mayo, Chief Executive of Consumer Focus quoting "UK copyright law is the oldest, but also the most out of date. Before addressing the question it’s important to look at the history and definition of UK Copyright law. It has grown from this beginning to form the main legal basis for the international publishing industry, which contributes so much to literature, learning and culture not only in the UK but it has crossed different nation’s borders.