It has always been a challenging task to uphold the right balance on conflicting interest of a copyrights owner and the public especially when it comes to private copying. According to Copyright, Designs and Patents Act 1988 (CDPA), creators have several exclusive rights they can exercise to restrict others from using their work. These include, amongst others, the reproduction right. This means that, in principle, any act of copying a protected work, including for example saving a copy of a song to an external hard drive, needs to be authorised by the rights holder. However, UK Copyright Law contains a ‘private copying’ exception which takes away the need to obtain such permission.
This situation can be seen in the case, Musicians’ Union (MU), the British Academy of Songwriters, Composers and Authors and others (BASCA) v Secretary of State for Business Innovation & Skills (2015), where a new exception to copyright that has been introduced recently in UK, known as The Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 that implemented the Article 5 of Directive 2001/29/EC, however omitting the compensation part has been challenge for a judicial review. The application was on the basis that the new private copying act does not include a method for fairly compensating rights holders for the act of private copying as part of the new regime, in line with Directive 2001/29/EC, art 5(2)(b) .
This essay will analyse the case and the possible outcome and impact of the decision of the case especially under copyright exception itself.
Background
To understand the issues and how the problems arise, it is necessary to understand the historical events and the fundamentals that lead t...
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...issuing, renting and lending copies to the public.
Copyright grants an automatic right to a creator of an “original” work; be it an individual or company. “Original” is usually associated with something new or not done before; it is in a primary type or form, from which others are derived. Copyright only provides protection to something original to the author. Thus, “the sine qua non of copyright is originality. Interpretation of originality is related to the independent creation rather than the idea behind the creation. Unlike patent, a copyright is not a monopoly but rather; it is a right of protection against copying. Thus, works that expresses an idea may be protected but not the idea behind it as per the case of Mazer v Stein . This is also stipulated in Article 9(2) of Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS).
S., & Bedau H. (Eds.) Current issues and enduring questions: a guide to critical thinking and argument, with readings. (pp.551-552). Boston: Bedford/St. Martin’s.
After reading William R. Keylor's The Legacy of the Great War, I realized the important events that pertain to the international relations. Until our present day there has not been so many great leaders come together to address issues such as: politics, economics, and social settings in Europe. This is the beginning of the problems in European civilization.
Along with the development of a file format (MP3) to store digital audio recordings, came one of the new millennium’s most continuous debates – peer-to-peer piracy – file sharing. Internet companies such as Napster and Grokster became involved in notable legal cases in regards to copyright laws in cyberspace. These two cases are similar in nature, yet decidedly different. In order to understand the differences and similarities, one should have an understanding of each case as well as the court’s ruling.
One of the most prominent legal issues in copyright law pertains to ‘fair use’. Fair use can be exemplified as a person who stores copyrighted music files on their personal laptop in folders accessible by the public, which are liable for infringing upon the copyright owner’s exclusive right to distribute. Another case exemplified is when a software developer could be vicariously liable for copyright infringement when it distributes technology in which individuals have the option to share copyrighted and non-copyrighted material. In both of these cases, the courts are demanded to “ascertain the limits of statutory language through judicial interpretation and interpolation.” (Jessica D. Litman, Copyright, Compromise, and Legislative History, 72 CORNELL L. REV. 857, 858
These two arguments are based on different values, the advocates for copyright protection are saying that the CDs are private properties which belong to the companies that made them, “pirating” against the rights of the owners who had invested the work into the making
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
In conclusion all these events in history drastically changed the way people view the world and what people believed in. In this essay we have talked about the causes and the similarities of the historical events that lead to the world as we know
Over the past decade the societal view of creative society has greatly changed due to advances in computer technology and the Internet. In 1995, aware of the beginning of this change, two authors wrote articles in Wired Magazine expressing diametrically opposed views on how this technological change would take form, and how it would affect copyright law. In the article "The Emperor's Clothes Still Fit Just Fine" Lance Rose hypothesized that the criminal nature of copyright infringement would prevent it from developing into a socially acceptable practice. Thus, he wrote, we would not need to revise copyright law to prevent copyright infringement. In another article, Entitled "Intellectual Value", Esther Dyson presented a completely different view of the copyright issue. She based many her arguments on the belief that mainstream copyright infringement would proliferate in the following years, causing a radical revision of American ideas and laws towards intellectual property. What has happened since then? Who was right? This paper analyzes the situation then and now, with the knowledge that these trends are still in a state of transformation. As new software and hardware innovations make it easier to create, copy, alter, and disseminate original digital content, this discussion will be come even more critical.
The music industry distribution medium of audio CD's, or "packages of audio information" (approximately 10 songs), preserves its dominate high sale price through shortage. The true value of a musical artist is found only in what he (or the distributor) can persuade or force people to pay for the privilege of listening. It does not matter how much of a "good idea" it is to have such laws to protect the artists. People will listen without paying, because they can.
At the end of the day, the decision on if and how intellectual property (IP) protection is sought must be made in the context of an organizations IP strategy and keeping in line with the organization goals and objectives. For company who prefer to compete in the free market, copyrighted software is sufficient in protecting the legal rights of the software created. For company whose main objective is to collect licensing rights and back end deals that comes with patent protection, than it is advisable to seek for patent protection. For me, a copyright is more than sufficient to acknowledge an invention and the inventor’s rights to claim.
Some argue that DRM only makes data more difficult to crack and access and does not really eliminate a resource’s accessibility, some argue that DRM subsequently prevents the use of legal practices while some argue that not all media devices will be able to handle resources governed by DRM. Paul Petrick, founder and co-owner of Headtunes Recordings, had even stated how it might be time to perhaps look for another viable solution to our problems with privacy and copyright infringement. There are three means of implementing Digital Rights Management; these means include a system where a computer code is used, a system where an external human decision maker is used and a third system where both a computer and an external decision maker are
Copyright laws are used to protect the unauthorized access of information by people that may not have legal permission to access such data. Use of these laws on written materials has proven effective over a long time, but the use of these laws on web content is ineffective. Copyright laws put a lot of limitation when used on content on the web. Use of copyright laws on web content limits quality and general freedom of those willing to use the information. This paper, therefore, provides arguments as to why copyright right laws should not be applied on the web due.
In its simplest terms, copyright is the U.S. government’s way of protecting the rights of anyone creating an original work, such as a play, song, poem, book, or artwork. Only the work’s original author or creator can make copies, distribute, sell, perform or adapt that work. Originally passed into law 35 years ago, the Copyright Act of 1976 has undergone many changes in the wake of advancing technology, including such changes as categorizing any work on the Internet as “published” (Copyright Act of 1976). Of
Copyright is a form of mental property protected by the laws of the United States. Copyright protection is the first works of authorship that are fixed in a real form, whether published or unpublished. The categories of works that can be protected by copyright laws include paintings, photographs, movies, and software.
A copyright is a legal means that gives the creator of mythical, imaginative, musical, or other creative work the solitary right to publish and sell that work. Copyright owners have the right to manage the reproduction of their work, including the right to receive imbursement for that reproduction. An author may contribute or sell those rights to others, including publishers or recording corporations. Breach of a copyright is called copyright