Gould V. Peretti Jewelry Company

RULE OF LAW: In every other state or jurisdiction, a corporation is considered a foreign

Howell Jewelry World vs. Jennifer Lawson is the legal subject and ramifications of breach of covenant not to compete. Analysis of Howell Jewelry World vs. Jennifer Lawson litigation before the presiding court contains submissions of facts, precedent cases of law, and facts to be determined. The memorandum will summarize with confidence a favorable ruling in Howell Jewelry World vs. Jennifer Lawson and Howell Jewelry vs. Triumph Jewels.

The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including

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.

Fair use is an exemption within copyright law that basically permits anyone to use copyrighted materials without payment and without approval, subject to certain conditions.

In 1909, the United States government passed a measure that would allow individuals to make a legal claim over their own intellectual property. Meaning that individuals who own intellectual property, which is considered works, are given exclusive rights to the materials they produce. Copyright law has been creates an environment that owners of the materials or works grant others who do not own that work permission to use it for their own needs (Copyright, n.d.). The intent of Title 17 the Copyright law, is that even though an owner has rights over their work, in some specific instance a non-owner may be able to copy, repeat, or use material that is not their own. This action is called fair use; which is found in Section 107 of Title 17.

Fair Use is considered the "grand daddy" of copyrights clauses. Fair use allows people to use the work of other if they are using the work for criticism, news reporting, scholarship, comment, teaching, research, and teaching, each has its limitations. There are four identifiers used to determine if use of a copyrighted work is considered fair use (Yearneau,2010; Jamar, 2013; Goldman, 2014; Grimmelmann, 2014; Kankanala,

Robin Gross once described copyright laws as, “a balance between protection for the artist and rights for the consumer.” However, Carolyn E. Wright, a full-time attorney who actually wrote the book on photography law and whose goal is to protect the rights of photographers (both professionals and amateurs alike) provides us with a more official definition of copyright laws in an interview with photographer Ken Kaminesky. Explaining that, “copyright for photographers means owning property. With ownership, you get certain exclusive rights to that property. For photographic copyrights, the ownership rights include the right to reproduce the photograph, prepare derivative works based upon the photograph, to distribute copies of the photograph to

Copyright is a manifestation of protection given to the authors or makers of original works of authorship. Copyright law gifts authors and craftsmen the selective right to make and offer duplicates of their works, the privilege to create subsidiary works, and the privilege to perform or presentation their works freely. The copyright in a work of authorship quickly turns into the property of the author who created it right now it is put into altered structure. Nobody yet the author can claim copyright to the work, unless the author awards rights to others in a composed understanding, for example, to the author's distributer or record organization. Generally, we can tell who the author of a work is the individual who created it. Anyway some of the time, it is not exactly that simple.

A copyright gives the originator of literary, artistic, or music works the right to perform, publish, record, or print them. This can include sound recordings, paintings, photographs, films, melodies, television, radio broadcasts, cable programs, performances, and even codes to computer programs (Legal Information Institute). Since copyrights cover several different types of materials, the duration varies depending on what work is being protected. According to the Copyright Act of 1976, musical, artistic, and literary works created after January 1, 1978 have copyrights that last 70 years after the author has passed away, 95 years after publication, or 120 years from creation, whichever expires first (United States Copyright Office, 2011). However, the published editions of these works have copyrights that last 25 years after being first published. Broadcast and cable programs, on the other hand, have a copyright duration of 50 years after being created

A copyright is a form of protection provided by the laws of the United States to authors of original works of authorship. “Copyright law in the United States is based on the Copyright Act of 1976, a federal statute that went into effect on January 1, 1978,” according to FindLaw. FindLaw also states that, “Individual states cannot enact their own laws to protect the same rights provided by the Copyright Act. Original multimedia works are protected by Copyright.” Literary, dramatic, musical, artistic and certain other creative works are protected by Copyright Law. “Literary works include novels, nonfiction prose, poetry, newspaper articles and newspapers, magazine articles and magazines, computer software, software documentation and manuals, training manuals, catalogs, brochures, ads (text), and compilations such as business directories. Musical works include songs, advertising jingles, and instrumentals. Plays, operas, and skits are included under dramatic works. Pantomimes and choreographic works include ballets, modern dance, jazz dance, and mine works. Pictorial, graphic and sculptural works include maps, posters, photographs, paintings, drawings, graphic art, display ads, cartoon strips and cartoon characters, stuffed animals, statues, and works of fine art. Motion pictures and other audiovisual works include movies, documentaries, travelogues, training films and videos, television shows, television ads and interactive multimedia works. Included in sound recording are

Copyright Law was invented to stop people from stealing other people's work, or ideas, and be punished for it. It helps protect others work, art, writing, videos, pictures, etc. Although, using someone else's work is not always considered copyright. There is the Fair Use Law, which states that people can use others work to comment on, criticize or do a parody of. And it is legal to use others work if it is for the use of teaching and learning. Copyrighting is also using a company's logo, like if your were to use McDonald's big M logo and not giving them credit for the picture. It is alright to use others work as a source, but you have to take that info and change it and put it in your words.

the work they are utilizing given that they meet the definition of their given label and qualify as fair use (Stim 396). For example, a parody must be ruled as humorous by definition, and fair use implies that the content is meant to give a positive outlook on the original work rather than downgrade it. In legal terms, piracy violates one of the seven given rights outlines within the Copyright Act.

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.

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.