How Copyright Law Was Established, And How The Establishment Influences Advertising

Advertising is protected by the First Amendment of the United States constitution. Conversely, advertising requires less control from the First Amendment, but requires the majority of control from the government and most importantly, the Federal Trade Commission. The Federal Trade Commission controls the content and images that are being advertised to consumers that seem to be exaggerated or just plain over the top. With that being said, false advertising is one of the biggest rising issues amongst many companies, celebrities, business, and much more. False advertising is when an individual(s) attempt to betray consumers into believing they are purchasing an absolutely amazing product, when in reality, they are

There are claims made suggesting that copyright is a direct violation of our freedom of speech. Within the general foundation of protection and enjoyment of those protections, rest limitations, because of the real connection between authorization and copyright law. The goal of research is to investigate and unearth specific facts about the history of intellectual property in relation to old and contemporary court cases. The M. Whitmark & Sons v. Pastime Amusement Decree states that copyright is an indivisible and cannot be split up and partially assigned, as to time, place, rights and privileges (298 F. 470, 1924). Does this case contradict the Digital Millennium Act? Are the copyright rules in violation of any rights concerning our right to free speech? If so, how are those rights violated? The Statute of Anne in eighteenth century Europe, was set up to prevent the unauthorized composition of works that had

Bovee, Courtland L., and William F. Arens. "The Indictments Against Advertising." Conversations. Boston: Pearson Custom, 2005. 358+. Print.

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,

O’Neil further clarifies how the advertising system works in the United Kingdom with, “The government and the courts recognize this self-regulatory system as an “established means” to protect consumers from false and misleading advertising. This system acts as the frontline for advertising regulation and often is the most efficient way to resolve issues about advertising content” (4). This self-run system is powerful and effective for the bettering of the people. The United States constitutions begins with the words, “We the people…” therefore it should improve advertising regulations because it is for the people’s benefit of not misleading

The First Fair Use Factor U.S. Code § 107 (1), emphasis on the purpose and the character of the use

American singer-songwriter and poet, Jim Morrison, once said "whoever controls the media, controls the mind." With the power to dictate what information an individual is allowed and not allowed to access, comes also the power to mould a society to whatever belief system that is desired. Advertising which has a rich history that can be traced back to early cave paintings, is a medium for persuasion and is often used by businesses and organisations to promote their products and ideas. Advertising being a multi-million dollar market for promoting a wide array of ideas, however, does not have freedom in itself to promote all ideas. It is assumed that the guiding force behind a censorship act has the entire control to set what a society believes. Censorship which can be defined as the suppression of information, acts to protect, to promote and to prevent. Censorship can be and is applied to advertising. This, censorship in advertising, is determined by varied factors.

Inherently, by very definition, the notions of copyright and free speech, in their purest forms, appear to be in direct conflict. Yet, equally, the ideas have the ability to not only coexist, but thrive because of one another; a synergistic relationship. Without free speech, copyright, surely, in the form we recognise it, could not exist. Artists would not have the freedom to even express their ideas, let alone claim rights to them. Likewise, without copyright, artists would perhaps be loath to speak their ideas as freely, for fear of theft and plagiarism. As such, copyright can be seen as a protection mechanism for free speech. Currently impeding both, however, is the internet. If used correctly and with noble intentions, the internet has

Copyright Law Came into existence as a spur from a concept from the “statute of Anne 1707”.

Copy right laws I can say is one of the most important aspects of every conceived idea any one brings up. We can say a copy right is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. (Google, n.d).Theses laws are very important because they help ensure that credit is always given to the owner of an information. With all the above said I am in total agreement that it is very important that’s why this paper going to discuss the importance of copy right laws and some other aspects of

Bainbridge (2006), Gerdsen (2003), and Dinwoodie & Cornish (2008) all support the notion that intellectual property is complex and vast through the combination of many rights. Intellectual property describes how a creative person’s creative work is protected. It allows the creator to control the use, and management of their creative product once it is within the market (Gerdsen, 2003). Touse (2006) acknowledges that copyright “gives the right to authors … to exclude others from copying their work without permission, thus creating the intellectual property rights for literacy and artistic works” (p. 8-9).

This paper aims to look at the changes brought by technology innovations and understand meaning of them. This paper, however, does not seek an answer for the basic questions about copyright; whether it is the best to way to promote artistic and intellectual creation while serving public interest at the same time or not. Instead, I will focus on the question if effective enforcement of the law is possible in current situation, even if present copyright law is well-designed and well-balanced so that it could achieve the goal it seeks if it could be enforced effectively.

Today’s digital artists work in an environment where information and access to design inspiration are, literally, at their fingertips. Many in the industry use the artwork of others in order to inspire their on artwork and provide content for their projects. However, I have noticed that many fail to give the proper credit to the artists’ whose work(s). Digital media and internet has transformed the world of copyrights in many ways. The digital environment has made it very easy to distribute and re-distribute content (Kankanala,2012).

Trademark: Trademark recognizable features, expression, or other symbol that indicates a particular product or service, and legally it apart from all other products. It also serves to only identify the product or service from a particular company, and the recognition of ownership of the company brand. The protected products are generally considered to be a form of property. Most countries have agencies through which companies can have their products with trademarks. One of the main goals of a product is protected to protect the product from used without the permission of the original society. Most countries have patent laws that are designed to defend against patent breach. International regulation of copyright is much more complex, because there is no universally recognized Patent Office

On April 10, 1710 the British Statute of Anne “An Act for the Encouragement of Learning by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times Therein Mentioned” was the first copyright statue that took effect. In those times the Law of Copyright only applied to the copying of books. In both England and United States this famous statue remains the foundation of copyright law. As society changes, the Law has adapted for other uses like translations and expressive creation that may include copyright protected elements. The new modification to the law now covers a wide range of works. These rights protect the work of books, manuscripts, plays, computer programs, works of art, maps, architectural plans, musical scores, sound recordings, and films.