Copyright infringement Essay

violators. So although some form of a copyright law is needed, the one we have

One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.

The law must come to terms with the difference between artistic intent and economic intent. Artistic freedom is more important for the health of society than the supplemental and extraneous incomes derived from private copyright fees. They create art of police and control, since no matter how the original intent of the copyright laws are, today, they are subverted to censor resented works that suppress the public’s need to reuse and reshape

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.

The purpose of the copyright system has always been to promote creativity in society and protect the creators’ interests. In applying copyright laws to any creation, three basic guidelines apply. First is the fair return for a creators labor, second is “Fair Use” of the creators’ labor and finally the Progress of Science and useful Arts to further the public good. The application of these three guidelines in litigation for A&M Records, Inc. v. Napster, found that the rights of reproduction, and distribution had been violated, in effect upholding the copyrights of nineteen different music companies represented under A&M Records name, this ruling had protected the music industries interests. However it would seem that the publishing industry would not be so lucky, litigation in Authors’ Guild vs. Google ruled that Google’s actions constituted fair use. Under these two scenarios’ the copyright laws’ have, effectively, protected the rights of music artists’, protected the public’s right to “fair use” and sparked new opportunities for creative growth. However, lawmakers continue to struggle to define copyright boundaries between the public’s right of use and the creators right to profit from their efforts.

1: A copyright is a form of protection given to authors or creators of “original works of authorship” including literary, dramatic, musical, artistic and other intellectual works.

It does not deal with credit being given, and its main purpose is for the common good. However in some school projects, students are required to cite the locations of the images they use. Copyright grants an artist exclusive rights over their work, but it does not always work in the favor of the artist or owner of the work. It is inevitable that someone would either use, repurpose, or steal an artwork, and it is not something that can be prevented. However, there are methods for an artist to use for their

I learned from John that if one has a copyright, that means they own the right to produce whatever is copyrighted. Further, that person has the right to create derivative works of the copyright and control who makes derivative works as well. An example of a derivative work would be when someone makes a movie based off of a novel. Also, the person with the copyright has the power to distribute copies, transfer ownership, and decide who can perform or display the work in public. John also explained that the ownership of a copyright lasts a total of seven years, and after that, a copyright without ownership is called a public domain. That means it is free to use in the public world.

Giving out the identity of a person accused of a crime, whether they are guilty or not is a breach of the Harmful communications act. By posting the identity of the person you are liable what happens to them as they are now at risk, and you are breaching the privacy laws because you gave out personal information. The name, photograph, phone number, car registration details and home address of a man accused of theft were posted on a Facebook group with tens of thousands of members recently. This was a serious breach of the harmful communications act. If any of the members of that group decide to take matters into their own hands to stop the theft, that has not been proven guilty, the person who posted all of their personal information would

William Hogarth is a name well known from the 18th century as one of the best artists for his work A Rake’s Progress. Despite his background that emerged from unsuccessful parents he did not follow that path set before him for he used his thoughts

Circumstantial evidence requires proof of probative similarities in addition to proof of access. See Paul Goldstein. These similarities may be found in the “unoriginal and non-copyrightable” parts of the work in question, like occurrences of the same artistic errors. Id. Essentially, if an author can show that it is extremely unlikely that someone else made the same errors independently, then the author has proven probative similarities.

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.

Creative Commons encourages artists to share and distribute their work for free. And that could be the key to a new multibillion-dollar industry.

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.