Question? Call Us  +1 (817) 546-4770

T9677 Intellectual Property

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

T9677 Intellectual Property

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

T9677 Intellectual Property

0 Download5 Pages / 1,042 Words

Course Code: T9677
University: University Of Dubai

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Arab Emirates

Question:

Discuss the historical aspects of copyright law in America. Cite examples.
What are the case facts, laws involved, holing of the court and court’s rationale in deciding the case the way it did?
Discuss which Fair Use concepts in the copyright law readings/assignments were most useful for you as you pursue your doctoral degree. Explain why they were useful to you and how they will be helpful to you in the future.

Answer:
Introduction:

The basic principle in Copyright law is that authors should be rewarded on their creativity. Creative work involves things like music, books, art, designs and any other work that forms part of intellectual property. Copyright law ensures that authors are compensated for their time, efforts, and creativity. This paper aims to bring an understanding of American Copyright law. The paper would explore areas such as its history, application, importance and the concept of fair use.
History of Copyright Law in America
The first copyright law in the world was the Statute of Anne which was enacted in 1710 by the British Parliament (Nord, Rubin, & Schudson, 2009, p. 151). It was from this first Act that other countries started adopting the copyright provisions with the United States passing its first statute as the Copyright Act of 1790 (Das, 2015, p. 78). Due to multiple updates and two major revisions of 1976, this act was renamed as the Copyright Act of 1976.
Before then, the copyright laws in the U.S had obligations that the work must comply with some formalities such as copyright notice, registration, and renewal which were the conditions someone had to meet to gain copyright protection. With the development of the law, the requirements for a notice, renewal or registration have been dropped. There is also automatic copyright protection once someone creates an original work.
Importance of the Ruling in Kirtsaeng v John Wiley & Sons, Inc, 133 S Ct 1351 (2013)
Supap Kirtsaeng was an immigrant from Thailand to the United States. While studying in the US, Kirtsaeng imported books published by John Wiley in Thailand and started selling them in the US. Wiley then sued Kirtsaeng for infringement of copyright under Section 602(a)(1) in (Copyright Act, 1976). On the other hand, Kirtsaeng raised a defense under Section 109(a) in (Copyright Act, 1976).
The question before the Law
Whether a copy that has been legally made, acquired, and then imported into the US can be resold in the US without the owner’s copyright permission as provided in Section 602(a)(1) and Section 109(a) of the copyright act?
Importance of the case
By having non-geographic limits, the Act that permits unobstructed resale of copyrighted materials and goods irrespective of the manufacture’s location. Additionally, if there were limitations, such limitation can drastically harm businesses that sell used-books since the sellers would have to get authority from foreign copyright owners.
Application of Copyright Law in a Design Business
In the music industry, Copyright laws involve two rights. There is a right that protects musical composition, and the second one protects rights to recording (Halloran, 2017, p. 49). For musical composition, the law protects aspects of chords, musical notes, harmonies, lyrics, and rhythm. For recording, the law protects the actual “sound recording.” Unlike in other industries, Copyright law in music allows the two rights to be owned by two different persons. This happens when a songwriter owns the composition, and the recording company owns the sound recording rights. For example, in (Dolly, 1974) song, “I Will Always Love You.”, Dolly Parton owned the composition rights, while Whitney Houston owned recording rights when she recorded a version of the song.
In the United States, it is illegal for a musician to take any distinguishable part of another artist’s song. Such an act would constitute an infringement of the other artist’s Copyrights and will attract a suit for damages. For example, in (Williams v. Gaye, 2018), the Gaye sued Williams for copying Gaye’s “Got to Give it Up.” Gaye family was awarded 7.36 million dollars as damages.
The concept of Fair use in Copyright Law
There were four principles of fair use that were most useful for me. These principles are as follows;
This one looks at the purpose for which the material was copied and how it was used. Where the intention and use are for non-commercial purposes such as scholarship, commentaries, education, or research, the court would regard that as a fair use.  I regard this factor as important since it promotes research and development.
Where the nature of the copied material is for entertainment or mere information, the court would mostly regard it as fair use. In (Sony Corp. of America v. Universal City Studios, Inc., 1984), the court stated that copying something like news broadcast could be more of a fair use than an infringement. This is to me as it promoted dissemination of ideas and information.
Where the work is as little as not more than 1%, the court would be likely to regard that as fair use. In (Wright v. Warner Books, Inc., 1991), the defendant was allowed to use the copied parts as they did not exceed 1%. The importance of this factor is that it allows students, scholars the public to build and expand the knowledge from the original author.
 This one looks at how the copied work affected the original owner. Again, where there is no effect on the original owner, that would be counted as fair use. In (Rogers v. Koons, 1991) a photograph adapted to a sculpture was taken to harm the market for the original work. This factor is important as it strikes a balance between the public use and financial gain of the original author.
Conclusion
This paper aimed to provide an understanding of the scope of American Copyright law. The paper has covered the history and development of the law by discussing one of the cases that clarified on the law regarding the doctrine of resale. The paper then discussed the law on fair use. 
References
Das, J. K. (2015). Law of Copyright (1st edition). Prentice-Hall of India Pvt.Ltd.
Dolly, P. (1974). I Will Always Love You.
Halloran, M. (2017). The Musician’s Business and Legal Guide (5 edition). New York?; London: Routledge.
Nord, D. P., Rubin, J. S., & Schudson, M. (Eds.). (2009). A History of the Book in America: Volume 5: The Enduring Book: Print Culture in Postwar America (New edition edition). Chapel Hill: The University of North Carolina Press.
Rogers v. Koons, 960 F. 2d 301 (Court of Appeals, 2nd Circuit 1991).
Sony Corp. of America v. Universal City Studios, Inc., 464 US (Supreme Court 1984).
Williams v. Gaye, 885 F. 3d (Court of Appeals, 9th Circuit 2018).
Wright v. Warner Books, Inc., 953 F. 2d 731 (Court of Appeals, 2nd Circuit 1991).

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.

E-mail

Yes, alert me for offers and important updates

Submit 

Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 5 pages

PAY 3 USD TO DOWNLOAD

*The content must not be available online or in our existing Database to qualify as
unique.

Cite This Work
To export a reference to this article please select a referencing stye below:

APA
MLA
Harvard
OSCOLA
Vancouver

My Assignment Help. (2021). Intellectual Property. Retrieved from https://myassignmenthelp.com/free-samples/t9677-intellectual-property/business-and-legal-guide.html.

“Intellectual Property.” My Assignment Help, 2021, https://myassignmenthelp.com/free-samples/t9677-intellectual-property/business-and-legal-guide.html.

My Assignment Help (2021) Intellectual Property [Online]. Available from: https://myassignmenthelp.com/free-samples/t9677-intellectual-property/business-and-legal-guide.html[Accessed 19 December 2021].

My Assignment Help. ‘Intellectual Property’ (My Assignment Help, 2021) accessed 19 December 2021.

My Assignment Help. Intellectual Property [Internet]. My Assignment Help. 2021 [cited 19 December 2021]. Available from: https://myassignmenthelp.com/free-samples/t9677-intellectual-property/business-and-legal-guide.html.

×
.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}

×

Thank you for your interest
The respective sample has been mail to your register email id

×

CONGRATS!
$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1
month.

Account created successfully!
We have sent login details on your registered email.

User:

Password:

Are you looking for a math solver who can provide you with CPM homework help on time? Well, look no further as MyAssignmenthekp.com is here with an array of math solving services for students all around the globe. And the services are quite pocket-friendly. It’s true that Solving math problems aren’t exactly delightful for everyone. So, students who often face trouble with their CPM homework, ask on the web “who can do my math homework”. We take great pride in saying that MyAssignmenthelp.com is the first choice for thousands of students when it comes to geometry homework answers.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;
}

BU1112 Business Law
Download :
0 | Pages :
6

Course Code: BU1112
University: James Cook University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answer:
Part A
Issue:
Whether Stella is considered as an employee of PRX?
Rule:
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Read
More
Tags:
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :
15

Course Code: BSBWHS605
University: Swinburne University Of Technology

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answers:
Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Read
More
Tags:
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :
3

Course Code: BUSN331
University: Centennial College

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Canada

Answers:
Introduction
In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Read
More
Tags:
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :
11

Course Code: LA1040
University: University Of London

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

Answer:
Introduction 
A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
Read
More
Tags:
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :
9

Course Code: TLAW202
University: Top Education Institute

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answers:
1.
If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …
Read
More

Next

Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog

PROJ6016 Employer Based Project

Free Samples PROJ6016 Employer Based Project .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} PROJ6016 Employer

Read More »

PPMP20009 Marking Rubric

Free Samples PPMP20009 Marking Rubric .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} PPMP20009 Marking Rubric

Read More »