Arka Bani Maini (10020510 )
Mid term paper on IPR : Copyrights
Intellectual Property
Intellectual Property refers to all the intangible creations of the human mind, from scientific inventions to literary and artistic works; from symbols to names and images used in commerce. Earlier, Neo classical economics considered land, labour and capital as things of value. But slowly information and energy are replacing them as wealth creating assets.[1]As , the world gets more and more mobile , information can be transported instantaneously around the world , and any advantage gained by a rival company can be discarded effectively overnight. In such a scenario, a major challenge for companies would be to provide a blanket of protection for
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Some of the important amendments to the Copyright Act in 2012 are[4]
1. extension of copyright protection in the digital environment such as penalties for circumvention of technological protection measures and rights management information, and liability of internet service provider and introduction of statutory licences for cover versions and broadcasting organizations
2. ensuring right to receive royalties for authors, and music composers, exclusive economic and moral rights to performers, equal membership rights in copyright societies for authors and other right owners and exception of copyrights for physically disabled to access any works.
In the Copyright law of India , “Indian Work” means a literary, dramatic or musical work by an author who is a citizen of India , or which was first published in India ,or in case of an unpublished work , an author who at the time of creation , was a citizen of India. The total term of protection for literary work is the author’s life plus sixty years. For cinematographic films, records, photographs, posthumous publications, anonymous publication, works of government and international agencies the term is 60 years
Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.
Intellectual property protects legal rights and ownership in the market place through ‘intellectual property rights’. This can include trademarks, copyright, industrial design and patens. These protect brand names, designs and inventions.
Sonnet 130 is a parody of the conventional love sonnet, made popular by Petrarch and, made popular in England by Sidney’s use of the Petrarchan form in his epic poem Astrophel and Stella. When comparing the stanzas of A & S to Sonnet 130, the reader can clearly see that the sonnet does not use grandiose metaphors or allusions to build his beloved into a divine figure. Despite it being an obvious parody, it will be compared to the chosen lines from the Tempest. In Shakespeare’s day, metaphors that allude to putting the beloved on a pedestal of beauty had already become a cliché, but they were an accepted technique for writing love poetry nonetheless. The way these poems would describe the poet’s lover was high idealized, making comparisons
An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3-27 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39
Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.
2.4 Discuss Rights and Implications of Copyright Law - the law gives right to the producers to edit the Work and all versions of the work. The law will also protect unpublished and published work.
An effective system of intellectual property is important in facilitating innovation as well as economic growth within a country and across all its borders (Davidson, Monoti, Wiseman, 2012). The current global economy is concentrating more in the invention of ideas that are original, other than in manufacturing of machines. To enhance and protect these ideas, there ought to be effective intellectual property laws. The government of Australia has prioritized the protection of original ideas from individuals through copyright, patent, and trademarks among other intelligent property laws, which give the inventor a temporary period to enjoy the financial benefits of his or her original idea. The major purposes of intellectual property laws can be contested; therefore, they create areas of interest for
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.
Identify and discuss these copyright challenges in the modern digital economy using examples from case law.
All around the world sports are the topic of discussion, both teams and athletes bring forth millions of viewers to see what a sports team is made up of. College is where a student gets the opportunity to shine. If a college athlete possesses a significant amount of talent they have the potential to become a professional. At a college level, students don’t receive payment; regardless of what level an athlete is on, when an individual has a natural talent the individual should be paid for doing what he is good at. This idea of not paying student athletes needs to change because these student athletes have become involved in a craft and deserve compensation for their involvement. Three key elements that is discussed in this essay will give probable cause for athletes to be compensated. The three factors that are analyzed in this essay is the commitment of time that a player sets into his or her sport, the large debt accumulated while in school, and the amount of money colleges earn through student athletes. All three aspects are valid reasons as to why colleges must start paying their athletes.
Nathaniel Hawthorne was an American novelist and short story writer.He was born in Masasschusetts in 1804 , whose father was a sea captain.He was descedant as a Puritan family known for their attacks on Quakers , Indians and ‘’witches ‘’.Therefore when he was 20 years old , he added a ‘’w’’ to his original name “”Hathorne’’ as a distance to his family past . Hawthorne ‘s characterists were described as a shy ,solitary ,idle student at school , who prefered reading as a lifestyle.He was graduated from Bowdoin College , where he met Franklin Pierce , whom soon became a president, this friendship later would result political appointments sustained him in lean times. In his work, the first novel titled ‘’Twice Told Tales’’ was published in 1837. He commited for pacifist and wrote against the Civil War. He continued writing until his death in 1864 , leaving 8 novels , 9 short stories and 4 unfinished manuscripts.
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
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.
The rise of the Internet era opened the whole new market for traditional media full of opportunities as well as threats. Online piracy being one of them because the music and film industry loses £5.4bn in a year and if it was reduced by 10% it could have created up to 13 thousand jobs in the UK. There are various attempts taken to fight with online piracy; a case study of Anti-Counterfeiting Trade Agreement will be considered as well as other legislations attempting to regulate copyrights in the Internet. This
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