Abstract This well-researched paper centers on the matter of copyrighted material in terms of literary works, musical compositions, dramatic works, pantomimes and choreographic works, pictorial and multi-media packages within CD-ROMs among others. This paper focuses on the legalities of copyright in the three countries cited primarily from the point of view held by archives. The writer of this paper begins by offering a detailed definition of both archives and copyright. According to this paper, a copyright is a set of laws and rules that are established as a particular form of government with the primary goal of protecting the original works of the author. This paper delves into various concepts of copyright including its being construed as a certain specification of law within a particular field of work. The writer examines the situation in the U.K. which currently houses nearly 2,000 archive repositories of various types in England. This paper analyzes the Title 17, U.S. Code copyright law which applies and can only be enforced in the U.S. The Title 17, U.S. Code is given to original works of authorship including literary, dramatic, musical and other forms of artistic works which give the owner of the work in question the permission to reproduce said work. This paper details the significance of China's copyright laws on America while delving into the vast differences between China's perception of archived and documented material to that of the western world. The writer examines the growing field of online archives and libraries. This in-depth and informative paper also contains pertinent data and statistics relevant to this specific topic. According to published figures there are 1.5 million visits a year to archives while up to 75% of those who visit do so for private or personal research.
Table of Contents:
Introduction
Archives and the Copyright Provisions in the West
Archives and the Copyright Provisions in China
Discussion
Bibliography
From the Paper "The term copyright has to be explained to some extent. Copying takes place in a number of instances and can be considered when a single copy is made of an article through photocopying, downloading pages from a Web site, or seeing a picture that has been loaded in the digital format. In all these instances, there is no violation of the rights of the copyright holder, as they may be considered to be a fair use of the facility. Since the question of copying is involved, there has to be an understanding as to whether there are violations of any rights of the copyright holder. The permissions have to be given when certain actions are involved like a movie version from a book, translation of a book into other languages, etc. In these cases, the rights of the copyright holder are involved, and it does not matter from where the person desirous of making the change got hold of the material. It depends on the copyright holder to say how the work for which they are holding copyright will be distributed to the public at large."
Abstract This paper examines copyright infringement and its use with public domain, author's rights, and electronic publishing. It refers to downloading and uploading copyright material, how a copyright is developed and possible legal actions when a copyright has been stolen.
From the Paper "In a recent Themestream Journalist Club email, a women wrote to complain about how her article on "birthing experiences" had been illegally taken and copied onto another website. To make matters worse, she said, ?The infringer not only posted my work to his private website, he signed his own name to my article claiming it as his original work.? Copyright infringement has always existed, but as electronic publishing becomes progressively popular, the danger of Copyright infringement increases."
This paper discusses the growing lack of ethics in the communications industry as well as the need for more supervision and stricter guidelines when using copyrighted materials on the internet.
Abstract This paper examines the general lack of awareness and regulations regarding the ethical and legal implications involving copyrighted materials displayed on the internet. Business and technology follows the imperative of development with little regard for how ethics and morals are influenced and the end result is that ethical issues are often left behind. Also discussed is the changing nature of information and technology which has resulted in the changing nature of privacy. This paper examines both copyright and patent laws and the lack of supervision of these guidelines on the internet as well as the ongoing attempts by the industry to reinforce these same laws. Topics covered in this report include: Organizational Impacts/Issues Future of the Topic Conclusion Bibliography
From the Paper "Computers are seen as logical, rational devices, by which logical, rational actions are carried out, without any ethical implication. No blame or censure can thus be accorded when the computer suffers a breakdown or when the software has a bug. Such technology is seen as an entity on its own, without any moral intervention or evaluation. The reason for this is another result of the rapid development of technology. Few truly understand the nature of computing or information technology. Technology is used as a tool, without being attached to ethical responsibility."
Abstract This paper describes the Digital Millennium Copyright Act (DCMA) and considers its ramifications in the marketplace. It concludes that the Act is cumbersome and will need to have key provisions tested in the courts before its effectiveness is actually determined.
From the Paper "Technology often out paces ethical and legal developments. For many years copyright law remained static as wholesale unauthorized duplication of printed materials was difficult. Fair use rules evolved regarding ..."
Tags: Digital Millennium Copyright Act, DMCA, copyright infringement, Internet
Abstract The paper explains that the case of Napster is typical of copyright infringement because it demonstrates just how inadequate legislation is as it relates to digital technology. The paper explains that in addition, Napster represents just one area where copyright can be violated. The paper shows how the Napster case reveals that in terms of digital technology, the fundamental issue concerns how to reconcile the traditional concept of contributory liability with the widespread use of digitized works made available by the Internet.
From the Paper "With the advent of digital technology, research has found that as many as 90 percent of all Internet users and about 70 percent of users who share files freely admit that copyright is not an issue for them. These people regularly download many different kinds of files, ranging from movies to computer programs. The most likely individuals to download music and share files are students. Young adults behave in comparable ways since they also normally are not concerned about the copyright status of whatever files they download. Music is very easily downloaded, and it is far easier to download music than full-length feature movies."
Abstract This paper explains that understanding copyright infringement and the legalities of fair use/fair dealing is an important part of knowing how ownership is guarded by the law. The paper further explains that, although there are cases that deviate from the norm in judgments that define fair use, the norm suggests that profitability is the main core ingredient that helps to keep copyrighted information for use by the general public for academic or no-profit purposes.
From the Paper "In this study, the basis for copyright law will be analyzed in order to divulge the legal premise for legal action that defines infringement. By taking certain cases that act as landmarks to legal action this regard, the differing definitions of copyright infringement have become a complex web of semantics and court judgments. Furthermore, the use of "fair use" or "fair dealing' will be discussed in relation to how these laws are upheld and enforced by the court system. In essence, the definition of infringement and its..."
Abstract This paper looks at the current issues facing music artists in Australia. These include: DJs, copyright issues and intellectual property laws (file sharing, copying CDs ). The concerns of the current music industry are also addressed in response to these issues.
From the Paper "Copyright protection in Australia, and 'any other country which is also a party to an international copyright treaty', (www.law.gov.au) begins the moment the work is completed. Australia is a member of a number of international treaties and conventions including: Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention); and Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (Geneva Phonograms Convention). (www.law.gov.au)"
Abstract This paper discusses the case whereby Michael Baigent and Richard Leigh, authors of 'The Holy Blood' and the 'Holy Grail', recently sued Random House, the publishers of the best-selling novel, 'The Da Vinci Code', written by Dan Brown. According to the paper, Baigent and Leigh alleged that Brown had infringed copyright law in 'The Da Vinci Code', by appropriating the architecture of 'The Holy Blood' and the 'Holy Grail'. Interestingly, both books were published by the same publishing house, so that Baigent and Leigh were in effect suing their own publisher.
Abstract This paper examines the importance of a dual background for the paralegal wishing to enter into the music business. Through an examination of the statutes themselves, case law, and specific examples related to the music industry, the paper demonstrates that in order to succeed the paralegal must possess a strong background in the music industry, in addition to a strong legal background.
Outline:
Abstract
Introduction
Literature Review
History of the Copyright Act
Cases That Shaped Copyright Law and InterpretationUnderstanding Common Law Copyright and Statutory Copyright The Basic Rights of Copyright Ownership
Exceptions and Special Cases
Copyright Terms of Protection
Registration Issues
Analysis of the Paralegal's Role
The Anatomy of an Infringement Case
The Digital Millennium Copyright Act of 1988
The Paralegal and Infringement
Conclusion
Bibliography
From the Paper "One important concept to realize regarding copyright law is that the "work" or expression of the idea can be protected, but not the idea itself . For instance, if a person develops a certain theory and writes it down in a scholarly paper, the paper itself can be protected, but anyone is allowed to use the idea being promoted. Someone else can describe the theory in his or her own words without violating copyright, as long as proper credit is provided. However, there is disagreement in the courts as to how much of the original work can be included, without violating copyright laws. It is generally agreed that there is a limit as to how much of the content must be original, but courts disagree as to where to draw the line between an original work and plagiarism ."
Abstract This paper focuses on the legalities surrounding the Digital Millennium Copyright Act (DMCA) and the Technology, Education and Copyright Harmonization Act (TEACH) which were both passed to protect the owners of software copyrights. This paper discusses the issue of software copyright as it pertains mainly to the field of education. The writer contends and explains the manner in which both laws clarify several complicated issues for software users while also offering international protection to owners of copyrighted material. This paper examines the basic premise of TEACH which contains recommendations made by the U.S. Copyright Office that addresses the use of informational material and services obtained via the internet. This paper discusses the responsibilities of online educational organizations who make use of informational software. This paper also delves into the additional concerns and responsibilities facing school libraries regarding the software used on library computers.
From the Paper "These requirements are in addition to laws and regulations previously on place. The laws are intended to give software publishers the same protections text publishers have. Just as it is illegal to photocopy textbooks to avoid buying published copies, schools cannot copy software for use on multiple computers unless they have purchased a multiple-use license. Then, they must restrict the number of copies to the number authorized in their purchase. They may not install personal copies of software they purchased for home use on a school computer; or make copies of school-owned software for either home use or to share with parents and students. In addition, the laws address the use of shareware. Sometimes people think of shareware as "free," but it is not, and schools may not use shareware beyond the date at which the shareware copyright owner demands payment. In addition, although freeware is free in that the school does not have to pay for it, the law states that people may not sell freeware."
Abstract This paper discusses copyright law and mentions some famous copyright cases that have assisted in bringing copyright issues involving fair use to the forefront. The author explains how technology and the Internet have further complicated the problem and analyzes the provisions of copyright law in regard to fair use focusing on news commentary and educational uses.
Content:
Introduction
Constitutional Provision Establishing Copyright 1970's Revision of the Copyright Act
Fair Use Focusing on News Commentary
Fair Use Focusing on Educational Uses
Conclusion
From the Paper "The history of the first copyright laws have origins that date back as early as the 1500's when printing presses were first invented. At that time, the risk of unauthorized copying of material was very low, as only a few printers existed and the owners of these printers were well-known. The first copyright laws in the American colonies were used to control the content of what was published, rather than to prevent unauthorized copying. Shortly after the Revolutionary War, the Continental Congress recommended that the states adopt copyright laws (Hollaar, 2002). With the new Constitution, the Congress was given the power "to promote the Progress of Science and the useful Arts, by securing, for limited Times, to Authors and Inventors, the exclusive Right to their respective Writings and Discoveries (Hollaar, 2002)." This early version of the Patent and Copyright Clause was found in the United States Constitutional, Article I, Section 8. According to Hollaar (2002), at that time, "science" referred to knowledge, and the "useful arts" are what we now call technology. A review of the literature indicates that scholars currently view that early Patent and Copyright Clause as a limitation on Congress, not a grant of authority. This is due to the fact that patents and copyrights must have limited durations, and others have argued that any copyright or patent law passed by Congress must be shown to "promote the Progress of Science and the useful Arts" when they feel that copyright or patent is limiting something that they feel is worthwhile (Hollaar, 2002)."
Abstract On October 9, 2002 the Supreme Court of the United States heard oral arguments in the case of Eldred vs. Ashcroft. The paper shows that the fundamental issue in this case is whether Congress, which has constitutional authority to issue copyrights and patents "for limited times" to "promote the progress of science and the useful arts", overstepped its constitutional authority by passing the Act. The previous Copyright Act, passed in 1978, protected copyright author's work for only 50 years after the person dies. The controversy behind the case at bar is that the Bono Act extends this copyright term by 20 years. The paper shows therefore that the Supreme Court must decide whether Congress overstepped its bounds in extending the copyright term of authors from 50 years from their death to 70 years from that time.
From the Paper "Second, the Act is unconstitutional because the extension of the copyright term in the Act contravenes the mandate in the Constitutional text to "promote the Progress of Science and useful Arts", because it instead serves to impede such progress by encouraging monopolies and strangle-holds on the market. (Indeed, many scholars and commentators even go so far as to call the Sonny Bono Act the "Mickey Mouse Amendment", in reference to Disney's need to keep its copyright monopoly on Mickey Mouse and his brethren.) Specifically, in merely advancing the interests of corporate conglomerates (such as Disney and other monopolistic publishers) seeking to hold onto their massively profitable copyrights indefinitely, Congress has contravened both the spirit and the terms of the Copyright Clause of the Constitution."
Abstract Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. This paper examines the idea that intellectual property throughout the world needs to be harmonised with the protection of a creators rights protected by a more codified international agenda.
Outline
Introduction: Why the Harmonisation of Copyright Laws and Systems is Important Especially in the Digital Age
The Main Issues of Current Copyright Protection in the Digital Age The Transformation of International Copyright Through International Treaties
The Obstacles in the Way of a Global Copyright System
Conclusion: The Future of International Copyright Laws -Further Harmonisation
From the Paper "Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. As democratic governance involves public debate and open decision-making, the organisation of interests groups, and the free exchange of ideas, opinions and information is essential. To a greater degree than ever, open media provides a critical measure of progress towards democracy. Access to information and the right to freedom of expression are central elements in ensuring the voice and participation necessary for the development of a democratic, civil society."
Tags:copyright, digital, intellectual, international, law, property, rights
Abstract Defines copyright law. Discusses potential liability of third parties such as Web hosts and Internet Service Providers (ISP). English/American history of copyright law from books, to music, movies, Internet. Difficulty of enforcing copyright on regarding Internet. Issue of photocopying. Contributory infringement. Secondary infringement. Current copyright law. Court cases. Napster.
From the Paper "In less than a decade, the Internet has gone from a little-known novelty used by computer scientists into a ubiquitous tool throughout America and the world. This growth can be attributed, in large part, to the fact that the American government adopted a laissez-faire approach, which allowed Internet users to create and define the medium. That lack of regulation, however, also has created tremendous opportunities for abuse, especially of copyrights. This paper will examine the issue of copyright infringement on the Internet, and the potential liability of third parties, such as Web hosts and Internet Service Providers (ISP).
Copyright is exactly that-the right to copy a given work. At its birth more than 300 years ago, it referred only to written work.. Indeed, even today, written works are what spring to mind when ..."
A discussion on the concept that the unregistered design right borrows and applies many concepts from copyright law, but then applies them quite differently in practice.
Abstract This paper compares the unregistered design right and copyright in the U.K. and discusses how copyright is incorporated into the unregistered design right and applied in practice, which is different from that in copyright.
Outline
Introduction
Similarities Between Unregistered Design and Copyright How Unregistered Design Differs in Practice
Conclusions
From the Paper "Innovation and creativity are essential pillars of social evolution. People began viewing adapted and applied knowledge as intangible assets from the early years of the industrial revolution. Products of aesthetic thought and expression have been more difficult to protect and defend than the outputs of scientific research and development. Problems of specification of intellectual property have become more controversial with the spread of digital technology in the form of computers. Print media have advantages that arise from their tangible form, over music, film and designs of commercial importance, though elements of subjectivity in judging whether a piece of work is a copy or essentially new, cannot be avoided altogether. The migration of mature economies from manufacturing to services has heightened the need to protect intangible assets. "
