The Protection Of Copyright : An Indispensable Part Of The Domestic And International Protection Essay

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;

The duration of copyright determines the length of protection. Limitations on this length exist to ensure works enter the public domain. Therefore, the length of protection is one of the most relevant and debated issues regarding copyright law. The proponents and opponents of copyright term extension make compelling arguments, but both sides agree that copyright law should encourage creativity and innovation. If Disney is successful in once again lobbying for an extension of duration, a substantial number of works will fail to enter the public domain in a timely manner. This will, consequently, lead to a stifling of creativity and a suppression of innovation that could be detrimental to progress in the realms of science and the useful arts.

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.

Copyright is any expression recorded in any physical form, published or unpublished in any medium whether it is music, books, artworks or newspaper articles. Federal publications, facts and ideas are not copyrighted (www.honolulu.hawaii.edu). The very first copyright law that was established was known as the Statute of Anne, which was authorized in England in 1710 (history of copyright, 2005). The newly founded constitution allowed secure rights to its creators. An act very similar to the Statute of Anne was passed by congress in 1790 as the first American copyright law (history of copyright, 2005). As more and more books were produced and were becoming more accessible domestically and internationally in Europe and North America, it became

In its beginning, the United States based its code of laws on the British Law (Moser & Slay, 2011, 16). Connecticut passed the first state copyright bill: an Act for the Encouragement of Literature and Genius in 1783 (Moser & Slay, 2011, 16). By 1786, twelve out of the thirteen states had passed copyright statutes. However, the fact that each state had its own copyright laws created inconsistency and inconvenience for enforcement from one state to another. A federal copyright law was necessary. On March 1783, the Continental Congress drafted the Constitutional Copyright Clause, which gave to the federal government the power to pass copyright laws (Moser & Slay, 2011, 17). The clause stipulated that the goal of the United States was to promote

Copyright laws must be flexible in addressing and supplementing the needs of Australia’s modern society. However, the failure of the existing, and outdated Copyright Act 1968 (Cwth) in fulfilling the needs of the Australian public has triggered the need for copyright reform. Copyright reform aims to reconsider the relationship between copyright, innovation, technology, research, and economic growth, where it would provide flexible laws fundamental to the broad dissemination of knowledge. Copyright laws should strike a balance between the interests of the creator and the Australian public in terms of access to knowledge, culture and education. Copyright reform aims to

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.

One needs to have a basic understanding of the purpose behind copyright laws as the founding fathers had intended. As stated in the “Constitution. Article I, section 8, clause 8 of the United States Constitution provides that Congress shall have the

1976 The United States Copyright Act was revised from the prior act. In short terms this new revision states the basis of the Copyright Law, and changed the doctrine of “fair use”, and copyrights adopted post author/creators death.[7]

These laws were upheld unchanged until 1957 when a new copyright act was passed (Goldstein, 9).

The act lays out a ‘rule book’ as such which focuses how a piece work can be used. This underlines the rights that both the owner of the work has and what the person using the work has. You can do many things with your copyrighted work including sell it, allow people to use it for a fee, rent it or even keep it for only yourself to use.

I think that authors of the United States Constitution wanted to protect the people from others when it came to using other people’s ideas, methods or device. As a result the US Constitution granted Congress the power ''to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Investors the exclusive Right to use their respective Writing and Discoveries.'' A patent helped to establish property rights to an invention and technical advances. A copyright helped confers property rights to an original expression

     The Copyright Act 1968 (Cth), as stated above, was introduced in response to the growing need to protect individual’s creative works or other subject matter from commercial or other exploitation. It contains provisions, which describes what subject matter is protected, and rights of

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

Identify and discuss these copyright challenges in the modern digital economy using examples from case law.