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The Family Entertainment and Copyright Act of 2005

Posted on December 11, 2022 | by KN Simon

Thesis

The Family Entertainment and Copyright Act (FECA) is an ineffective and redundant law that fails to have an impact towards the fight against piracy.

Copyright was intended to accord makers of original work exclusive rights over the use and distribution of their work. In the United States, the copyright extends even after the death of its creator. Copyright law should therefore be an incentive to innovators because it rewarded them for their innovations with exclusive rights, such as charges and use of their work.

Background

Senator Orrin Hatch introduced the Family Entertainment and Copyright Act to the Senate in United States on 25th January 2005. It was signed into law on 27th April 2005. The FECA consists of two main parts, the Artists Rights and Theft Prevention Act and the second part is the Family Movie Act (Donaldson, 2010).

Definition of the law and lintels

Artists Rights and Theft Prevention Act

The Act makes it a criminal offence to engage in some forms of piracy, which have the effect of undercutting the primary impact of works of entertainment that have been released for profit. This part of the Act generates two federal copyright offices, the first offence is projected to discourage camcorder piracy; an act of recording newly released movies during their maiden play in movie theatres and later the recordings are reproduced as different versions of the movies. The punishment for knowingly recording such movies is three years imprisonment for first offenders and subsequent offenders face six-year jail term.

The second offence created is pre released piracy also identified as camcorder piracy, as was evident when the print format of Star Wars was availed on sharing networks, allegedly released by an industry insider on a similar day as it was premiered. Distribution of work through computer networks to members of the public under preparation for business related distribution is an offence punishable by an imprisonment term of three years for first offenders and ten years for succeeding offenders.

The Family Movie Act, 2005

This part of the Act removes liability from technologies by third parties that primarily remove objectionable content from played at home movies. The act prohibits the creation of a new hard copy of a movie even if the clip will include some censored parts. The technology used also illegalizes insertion of audio or video content on an original work.

Influential court cases

Lennon v. Premise Media Corp

EMI Group and Yoko Ono sued a filmmaker of documentaries for the use of a clip extracted from the song ‘Imagine’ by John Lennon. The clip ran for fifteen minutes and was used as a critique of the lyrics. The issue in contention was whether the film ‘Expelled: No Intelligence Allowed’ looked at components of freedom of speech, science and faith by implying that the message of nonexistence of religion in a society had the possibility of dire consequences socially. Producers of the film were sued in both federal and state courts. It was held that the use of the song, though copyrighted amounted to fair use.

Elektra Entertainment Group v. Santangelo and Capitol Records Inc. v. Thomas

In the year 2005, the RIAA filed a suit for copyright infringement against Patti Santangelo. The basis of the case was evidence collected by Media Sentry consisting of screenshots, shared folder and an IP address used at the time of the infringement of the copyright. It turned out that her teenage son and daughter were implicated and a subsequent suit was filed against them. The question before the court was whether the act of ‘making available’ constituted a copyright infringement as the files could later be accessed and downloaded by other people.

The court was conflicted on whether there was an existing right of making available, however, the judge ordered a new trial after his finding that such a right was nonexistent in America. The right is however available internationally and the National Music Publishers Association supported the existence of that right.

Cartoon Network LP v. CSC Holdings, Inc. and Cablevision Systems Corp., reversing Twentieth Century Fox v. Cablevision Systems Corp

To reduce costs of technology deployment, Cablevision recorded videos on isolated resources and purchased storage for the least price. In order to prevent copyright infringement, copies of the videos were aired through buffers for less than two seconds. The company was sued for direct infringement of copyright. The court held that the 1.2 seconds of infringement were transitory, and hence too short to constitute actual copyright infringement.

Io Group Inc. v. Veoh Networks, Inc., and UMG Recordings, Inc v. Veoh Networks Inc

Veoh, a network that allowed users to share videos, Universal Music Group promoted artistes and Io group specialized on pornography. Users consistently uploaded content created by Universal group, which were taken down upon issuance of a notice, but the same videos would later resurface on the Veoh and a notice had to be issued afresh. A suit against Veoh was filed and the court ruled that hosting immunity put forward by Veoh such as termination of user accounts that uploaded pornographic content absolved them from any infringement as per the Digital Millennium Copyright Act

Inadequacies

Redundancy with other Copyright laws.

As put forward by Hilmes (2011) the laws joined a large number of previously enacted laws, numbering more than fifteen that had since expanded over a period of years. The redundancy was often raised after questions of widespread infringement were brought out which purportedly envisioned the destruction of the industry. Similarly, the laws were merely created out of moral panic twisted by players in the industry; use those panics as a reason for absolute necessity for more redundant laws.

FECA made it an offence to produce and distribute a movie prior to its pre release. It illegalized recording of commercial movies during their premiere in theatres and releasing movies in print format as was the case in Star Wars. The act does not venture into other aspects of release, such as post release illegal distribution (Hilmes, 2011).

Federal Authorities aren’t as eager to prosecute

The Act came up with new criminal sanctions for the use of devices such as camcorders to record and copy movies while being watched in movie theatres. The Act further created penalties that involve disclosure of work that has not been officially released. The authorities on the other hand are slow to prosecute such cases even as section 167 of the Act provided additional useful elements that may be used to secure a conviction based on some infringements. The elements of the offence were not clear cut as the act of carrying a recording device into the theatre was not an offence.

Adequacies

While the No Electronic Theft Act (NET) criminalized the act of reproduction and distribution of copies of movies, FECA on the other hand was only applicable to pre released DVDs. The application of both pieces of legislation filled any loopholes previously existing in the law relating to copyright and resulted in a more compact protection of copyright by statutes.

FECA specifically gave protection to new technology, such as Clear play Inc; that offered services that caused DVD players to pass over sexually explicit or violent scenes or to automatically mute offensive content. With passage of the bill into law, similar suits that had been filed by the movie industry and termed services by Clear play as unauthorized editing were dismissed (Jeremiah Films, Inc., 2012).

Proposed changes

Creating a balanced copyright restriction model

A balanced copyright restriction model will publicly unify the common global ideology that knowledge and intellectual property ought to be considered as private property with the ability to trade in a typical capitalist market. The owners of such copyrights will get exclusive rights over their property, and the fair use principle will incorporate equality to the owners as well. In the long run, the advancement of very strict copyright regimes will ensure that there is an incentive to maintain creativity, a benefit to not only the United States, but the entire world.

Copyright Reform Act

The Act was legislation with proposed changes to copyright law that will favour the constitutional authorization that the protection of copyright is a tool towards the progression of science and useful art. It will also increase public knowledge, a useful feature of a balanced copyright system.

Conclusion

According to Katsh (2013) copyright was intended to accord makers of original work exclusive rights over the use and distribution of the work, in the United States, the copyright extends even after the death of its creator. Copyright law should therefore facilitate the role of an incentive to innovators because it rewarded them for their innovations with exclusive rights, such as charges and use of their work.

FACA that was enacted in 2005 joined a list of other redundant laws on copyright because its prohibition of piracy has not been fully achieved up to date. It criminalized copying and otherwise distribution of movies, however, owing to the slow rate of implementation, the piece of legislation, just like the previous ones like Digital Millennium Copyright Act of 1998 and subsequent Prioritizing Resources and Organization for Intellectual Property (PRO-IP) Act of 2008 are yet to realize their full mandate even as more laws get enacted.

References

Donaldson, M. C. (2010). Clearance & copyright: Everything the independent filmmaker needs to know. Los Angeles: Silman-James Press.

Hilmes, M. (2011). Only connect: A cultural history of broadcasting in the United States. Boston, MA: Wadsworth Cengage Learning.

Jeremiah Films, Inc. (2012). Death by entertainment. Hemet, CA: Jeremiah Films.

Katsh, M. E. (2013). Taking sides. New York, NY: McGraw-Hill.

United States. (2010). Family Entertainment and Copyright Act of 2005. Washington, D.C: U.S. G.P.O.

Reaction paper / Music copyright

Posted on May 3, 2022 | by KN Simon

Upload a 1/2 page, double spaced, 12 pt font reaction to online music streaming liability, and exclusive rights. I don’t want a summary of what you read but your reaction to something that you read or experienced.

determine which exclusive rights are implicated by uses of music over the Internet, and
demonstrate an understanding of online service provider liability.

Things like:

I never knew that it worked this way but….

I was impressed with the way so and so did….

Tell me more about how something makes you feel more than just repeating the lesson back to me but do reference the specific item in the lesson that you are commenting on.

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Copyright Infringement Research Paper Essay

Posted on December 19, 2019 | by KN Simon

We are well into the year of 2011 and technology is continuing to advance and a faster and faster rate. As technology advances there continues to be more of an opportunity for things to go wrong. The ability of our society to obtain information has been becoming as easy as it has ever been. I simple line into the google search bar and you are looking at millions upon millions of lings and opportunities to attain information. With this source and hundreds or even thousands of these resources just like it, piracy and copyright issues have never been more of a problem.

And a very serious problem at that. Copyright is defined as a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. The exclusive rights are however balanced for public interest purposes with limitations and exceptions to the exclusive right – such as fair dealing and fair use.

In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain (1). While piracy is simply defined as the unauthorized use of another’s production, invention, or conception especially in infringement of a copyright (2). The definition of these two is strongly correlated and leaves them both dealing with the same issues that have been plaguing the creative minds of many people in recent times. Copyright and piracy issues have had a huge effect on how we are able to access information on the internet. Information is going to continue to get more difficult to attain the further into the future we get, but how will this directly effect us?

First a generalized overview over the types of copyright and piracy strategies. The most common types of piracy of copyright-protected materials concerns books, music, films and software. Books: Book publishing has the longest history of dealing with piracy. Any unauthorized use of a copyrighted work, such as a book, school manual, journal article or sheet music, represents an infringement of copyright or a case of copyright piracy, unless covered by a copyright exception. Piracy of printed works affects both paper copies and works in digital format. In some developing countries, trade in pirated books often exceeds the legitimate market. Educational institutions represent a primary target market for pirates. Infringing activities include both illegal commercial photocopying and/or printing and reproduction of books and other printed material in digital form, as well as distribution in hard copy or digital format.

Music: Music piracy includes both traditional unlawful use of music and unauthorized use of music on on-line communication networks. Bootlegging (unauthorized recording and duplication of a live or broadcast performance) and counterfeiting (unauthorized copying of the material support, labels, artwork and packaging) are the most widespread types of traditional music piracy. The unauthorized uploading and making available to the public of music files or downloading such files from an Internet site is referred to as Internet or on-line piracy. On-line piracy may also include certain uses of “streaming” technologies. Films: As in the case of music, film piracy is either traditional or done over the Internet. It includes, but is not limited to, videocassette and optical disc piracy, theatrical camcorder piracy, theatrical print theft, signal theft and broadcasting piracy, and on-line piracy. Software: Software piracy refers to practices that involve the unauthorized copying of computer software.

Internet (on-line) piracy: The unauthorized downloading or distribution over the Internet of unauthorized copies of works such as movies, music, video games and software is generally referred to as Internet or on-line piracy. Illicit downloads occur through file-sharing networks, illegal servers, websites and hacked computers. Hard goods pirates also use the Internet to sell illegally duplicated DVDs through auctions and websites.While trafficking copyrighted works through increasingly sophisticated electronic means, such as peer-to-peer file trading networks, Internet chat rooms, and newsgroups, has an ever increasing negative impact on cultural industries, it is also argued that curtailing this phenomenon limits the right of access to information, knowledge and culture (4).

The problem in trying to prevent digital copyright infringement is tied up in the problem of regulating the Internet – an almost impossible feat, considering the World Wide Web today comprises more than 100 million individual Web sites. Regulators have been severely tried in recent years with the rise of peer-to-peer networks, with the most infamous being Napster. The brainchild of a 19-year-old college student, Napster launched in 1999 and revolutionized the way music sharing was conducted online. However, with such a quick rise to success comes the inevitable problems; in this case, the problems arose in the form of the Recording Industry Association of America (RIAA) and copyright lawsuits. While users of Napster saw nothing wrong with sharing music, the RIAA, which represents the four major music labels, saw the situation quite differently. By late 2000, the courts had ruled that Napster must restrict access to copyrighted files, a death-blow to the young network, for all intents and purposes.

The media industry probably thought it was in the clear after the Napster fall-out, and to a degree it was, until a new source of copyright infringement rose up in 2005 and became even more widely success than Napster. The story of YouTube, an online video-sharing network, is reminiscent of the beginnings of its music predecessor, Napster. Founded in February of 2005 by two 20-somethings, the idea for the company arose due to difficulties in sharing home videos with friends. When the site launched in May 2005, it contained about 30,000 videos. As with Napster, word of mouth allowed the company’s popularity to spread like wildfire. Less than 20 months later, visitors to the site watched 100 million videos a day. While many visitors to YouTube go to see the homemade videos, the company shares another similarity to Napster: its success is, in part, due to the illegal sharing of copyrighted files. YouTube’s terms of service forbid sharing of copyrighted materials, and the company monitors content to limit the number of violations, but copyrighted material still gets through.

With such material widely popular among users of the site, the companies whose videos were being shared on the site saw the situation differently. In March of 2006, NBC asked YouTube to remove a Saturday Night Live skit. Viacom soon followed suit, threatening action against YouTube if it did not remove clips from Comedy Central shows like South Park and The Daily Show. Many industry insiders speculated that YouTube’s fate would follow in the footsteps of Napster. Rather than sit idly by, however, YouTube took action. The company began signing licensing agreements with companies including Warner Music, Sony BMG and CBS Corp., allowing the content providers to supply the clips and share in advertising revenue. YouTube also attempted to assuage the companies’ concerns with a promise to develop new software capable of finding and removing copyrighted materials.

The biggest hope for YouTube, however, lies in its acquisition by Google, the search engine giant worth approximately $130 billion, which paid $1.65 billion to purchase YouTube on Oct. 9, 2006. While this acquisition did not remove the threat of future lawsuits, most analysts believed the power of Google and its many existing media partnerships will allow YouTube to avoid Napster’s fate. Additionally, Google’s technological advantages in finding and removing copyright infringement threats go far in easing the minds of the media companies. In my opinion Google’s many existing partnerships suggest that these companies will continue to do business with a Google-owned YouTube, rather than following the legal path they did with Napster and its related music piracy companies (3).

The example of Napster and YouTube is a very generalized and a very modern look at the issue of copyright and piracy issues but I also feel that they are very high scale cases that represent the problem at hand very well. There are millions of similar small scale websites such as these that are stealing information and making money off of other peoples work. But as stated by Jessica Vitak above, how could you possibly be able to monitor such a vast array of internet sites? It is almost impossible to even fathom. Now that these two giants have brought the issue of copyright and piracy into the general publics eye we need to explore how this will effect the collection of information in our lives.

Following up Napster and YouTube the new revolution with high speed internet connections is the ability to go after movies. As we know and have seen there is a lot of power in Hollywood. It is a multi-billion dollar industry and is a point of serious concern. A movie is a large amount of information that takes a lot of time and internet speed to be able to download. But again with the advancement of technology getting this type of file is no long more than a 20 minute download period.

Many argue to say that this can have great effect on our economy because of the amount of money that this industry brings in. The Motion Picture Association of America warned against a “growing global epidemic” of movie piracy over the Internet this week, citing a survey of Internet users in which nearly one in four respondents had illegally downloaded a movie online. The study, conducted by online research company OTX, queried 3600 Net users in eight countries, and was cited by the MPAA as the harbinger of the tough times the industry faces ahead in grappling with online piracy.

Although the MPAA participated in delivering the survey results it did not fund the study, an OTX representative says, adding that the company undertook the survey independently. According to the survey, 24 percent of respondents reported that they had downloaded a movie online, and 69 percent said that they did not believe that online music piracy was a major concern. The study was performed in Australia, France, Germany, Italy, Korea, Japan, the U.K., and the U.S., and shows a direct correlation between broadband penetration and the incidence of piracy, the researcher says. In Korea, for instance, where broadband penetration is estimated to stand at 98 percent, 58 percent of respondents said that they had downloaded a movie online (5). These are clearly alarming numbers and much higher than I think any one would guess if they were asked but, now that we know how high those numbers are what exactly is the effect. Clearly there must be a large loss of money but how great?

And is that a number that we can even guesstimate on? The economic impact of movie piracy equated to $1.37 billion in lost revenue to the Australian economy and 6,100 jobs forgone over the 12 months to July 2010, according to a new report from the Australian Federation Against Copyright Theft (AFACT). The report, carried out by IPSOS and Oxford Economics and surveying 3500 adults, also found tax losses to movie piracy amounted to $193 million, while direct consumer spending losses to the movie industry, local distributors, producers and retailers amounted to $575 million. As much as one third of the Australian adult population had downloaded, streamed, burned or otherwise not paid for movie content during the period. Some 92 million pirated movies were also estimated to have been viewed or obtained within the period. According to AFACT executive director, Neil Gane, the findings showed that movie piracy had a destructive impact throughout the economy.

“The film community is no different than any other sector of the economy that relies on skill, investment and hard work,” Gane said in a statement. “The losses are significant and the report highlights the need for urgency in addressing this problem.” AFACT members include Village Roadshow Limited, Walt Disney Studios Motion Pictures Australia, Paramount Pictures Australia, Sony Pictures Releasing International Corporation and Twentieth Century Fox International. In September the Australian Federal Police (AFP) said it had embarked on a major crackdown of counterfeit goods, including pirated software, computers and CDs and DVDs, in a move hailed by as a victory by software companies such as Microsoft and representatives of the music and film and TV industries.

The arrests were the result of investigations which had stemmed from information provided by industry stakeholders such as Music Industry Piracy Investigations (MIPI), the Australian Federation against Copyright Theft (AFACT), the Trade Mark Investigations Service and the Union of European Football Associations (6). To me these numbers are amazingly alarming and are clearly a huge issue. Though they are not numbers from the United States of America they make it very evident that this is a world wide epidemic. The way that our economy is these days we cant afford to be losing out on any amount of money, let alone billions.

Music Publishing Need In National Copyright Laws

Posted on December 18, 2019 | by KN Simon

Music Publishing Need In National Copyright Laws.

Question:

Write an essay on music publishing?

Answer:

Introduction:

Music publishing is termed as a contractual relationship between the music publisher and the songwriter, under such contract music composer assigns all copyrights of the music to the publisher for commercial exploitation of the music (Kidson, 1907). Randal Wixen described “Music Publishing is the owing and exploiting of songs in the form of musical copyrights”. Development, valuation and protection of the music are the things which are concerned in the business of music publishing. As per contract publisher ensures that with the exploitation of the songs, composer receives the credit and the royals. In other words, songwriter gives the copywrith of the song to the publisher to exploit the song and thus, income generated to be shared by both the parties (Asscher, 1992).

In olden times when musical recordings were not introduced, publishers and songwriter generated the income through sale of sheet music. Nowdays songs can be exploited via media which includes recordings, television, film, radio and video. It’s the US copyright law which governs music publishing but due to some private contractual agreements some of the music publishing laws is negotiated (Fletcher and Lobato, 2013).

The music publishers act as strong intermediaters between the music composers and the record companies. Half of the royalties along with the copyright of the song is enjoyed by the publisher from the music composer (Frith, 1988). A large cash advance by the publisher is made to the promising writer but sometimes this advance can also be minimal and records the songwriter composition with the performance. It’s also the duty of publisher to collect royalities and to give songwriter share. It’s the publisher who arrange for songs to be placed in television shows, advertisement and films and also assist the writer in obtaining recording contract if the songwriter is also a performer (Garofalo, 1999). The other thing which publisher is to do is collecting royalities and giving the share to songwriter. There are many sources from where the income of publishing comes, but the income generated from retail sale of the recordings is different (Hauser, 1958).

The royalities are furthure differentiated into different tpes:

Mechanical Royalities are obtained from the sale of recorded music with the right to record, copy and distribute copies of composition and these mechanical royalities are paid separately to the publishers by the recording companies. Each pubisher is required to grant a compulsory license to any one who wish to record a composition that has been in he past released commercially or has already been recorded and in return to this a minimum price is paud to the publisher which is at most of the time judged by the CONGRESS in the US. Normally a private license is taken to record a label on a negociated amount rahtr that to go through the rules and regulations which are basically very rigid and tough under a compulsory license act. In other words every tme your song is manufactured to be sold in the market in the form of a cassette or a cd etc, downloaded on a computer from a site, or on a digital music retail site, or aired through AIR or any other services like spotify , you owe a mechanical royality.Thus huge /vast money can be collected and earned by way of the mechanical royalties (Popular Music: Education Issue, 1995). If someone buys one of your song and makes 1000 cd of it, you shall definitely be getting royality and that too handsome one, no matter those cd’s are further ever purchased by any of the buyesr or not.and in similar way if MP3’s are made same way you shall be getting your share of job done, rest it may or may not get sold in the market.

Performance Royalties: Apart from this tere are some performance royalties, to explain it, these are paid if in case a song is played on AIR (Radio), TV, or is used as back ground music, or in bars, clubs, dance parties etc. These performance royalties are so effective that through this sometimes the money earned may go in millions and trillions of dollars collections, But this is tough for the publisher to sign a performance licenses with all the above described parties, thus to curb up this problem PRO (Performing rights organisations) comes into existence which collects fees on behalf of these publishers or song writers, Some examples or such PRO which exists in the USA are the society of European state authors and composers (SESAC), Broad cast music inc. (BMI), The American society of society and composers, Authors and Publishers (ASCAP). A single publisher/Songwriter has got restricted to get himself registered under a single PRO only as if this is not done and a publisher/Songwriter is registered under several number of PRO there shall be a huge confusion as to which PRO is responsible to collect royalty on his behalf(Eagle, 2004).

Recording artists who feels like being cheated by the publishers on account of their royality can very easily drag such publishers into the court, in future as well so many high profile artists has sued publishers on the above cheating basis, the best example has been the case of all time Dance super star Michael Jacksonwho had launched a suit under law against the Universal Music Group in the year 1980’sclaiming for the unpaid royality that the company in concern has not paid to him, Sometimes even musicians also sue each other for infringement of copy rights (Eagle, 2004). There has been some important and famous cases in this regard ie Three boys music corporation Vs Bolton ,212 F .3d 477 (9^th Cir. 2000).

In starting years of 2000, The invention of music sharing through Internet has completed changed the face of recording industry ithrough out the world.With this any person can not download any song and save them at their desktops, things has become so easy now, thus this also gave birth to series of lawsuits in the music industry as well. Music piracy became a very important issue to deal with although prompt care was taken by the creators of file sharing software. In a noted case of the recording industry association of American (RIAA) some 261 cases were registered and filed against individuals who have downloaded these songs from the internet (SCHNOEBELEN, 1997). The situation had now become very awkward and disturbing, and the new technology has made the situation very alarming and significant that the matter now has to be tackled very carefully and continuously (Lazlo, 1979).

Its publishing the primary source of income where the singers writing their own composition makes a lot of money but the funds gets transferred to the person who possesses the copyrights. We should now know this thing that it is not always that the person who sings a song is the owner of it, it my be prepared by one and then later sold in liew of funds to another person, and the buying person gets it registered and make its copyrights on his name and thue becomes the real owner of the same, now the real story of earning money starts as no one other than the copyrights holder of the song has got the permission to run that song until or unless it is permitted by the copyrights holder to do so, The money that you earn by that song is publishing, now the more famous your song will be the more money you shall earn from it, as ther shall be more and more people who wish to sing it or see its video (Sigman, 1988). Basically there ar many types of areas with which you earn money ie performance, Mechanical, print of that song and its synchronization. Performance and mechanical ways are the ways that earn you better/more money as compared to rest of the ways. Printing mode is the mode that allows an owner to earn money each and every time his concerned song has been printed or its lyrics are published, though it is not a manner to earn high money, but still even lesser money comes in, but money is money (Spencer, 1992). Synchronization license are a different type of as it is concerned with visual effects. Commercial, videos and sound tracks are some of the most important and bset examples of this concerned. Normally the money that come in by this way is huge and it can un doubtly be called as the best source of money generation licenses. The length of the commercial shall definitely change the money generation from it, also the popularity of that particular commercial, song or video shall effect the money incoming prospect, definitely there is no limit to the figures that can be definitely earned from this.

Most of the publishing companies all over the world likes that you carry forward all the problems that you face upon that concerned company and pay them half of the earings that you shall receive each and every time that concerned commercial, song etc is played, as an artist you may try to refrain from this but in case you do not apply for their assistance you may fall into serious complications as now you may have to track the running of that song in your country or probably through out the world, which in itself is a very hard task to follow up with (COOPER, 1938). Thus it is always recommended that we should always sign with a company which has got very huge relationships and branch image in the market. There may also be a possibility that the company may be very big brand holder but it must also be very just, as they may through their influence ever steel that thing from you, and you being a mere thing in front of them losses you actual hard work and creation, thus the publishing company should always be of clear character and sound background. Now some times you still feel the danger of getting exploited, then the only learned step to take at this time is to go for creation /start of a new company of your own. It is always good to hire a company who is trustworthy and who handles your songs with full faith and commitment, so that you do not end up in a mess (Stroh and Verhaalen, 1970).

There are so many publishing contract which are associated with the music publishing agreement and this i of prompt importance that one should have through knowledge of these as well, Some of these are as follow —–

1 ) Single Song Agreement. As the name suggest this deal is an agreement between the writer of the song and its publisher in which the former person gransts rights to the latter one to set for publication of 1 or at the most 2 songs and in such type of agreement the a one time recoupable payment is made.

2) Exclusive Song Writer Contract Such agreement in which the entire songs written and published with in a stipulated period of ime come into existence, thus any type of composition which is made by a writer in an affixed tenure of time belongs directly to the music publisher.

3 ) Co Publishing Agreement. The most common publishing agreement is the Co publishing agreement , which is also called as Co-Pub, under this both the writer and the publisher are the co owners of the song or each song thus made. This is made upon a pre decided share of the royality which is the outcome from that song, or commercial or video (Kidson, 1907). The share usually in this aspect is 50:50, but this may vary depending upon the experience or market value of any one of the parties, suppose if in case the writr is a new one and on the other habnd if the publisher is of quite renowned personality, the share may even go to 25:75 or vice versa, or it may even come down to 15:85 as well (Underwood, 1996).

4) Administration Agreement This type of agreement takes place between a writer/publisher and other music publisher, in this type of contract the writer himself publishes the concerned song and merely licenses the song to the music publisher for a certain tenure/term (Hoffman, 1948). Although this should always be kept in mind that the ownership of the cyrights are not transferable to the admistrator, but the publisher gets around 10-20% of the income generated from this (Royality).

5 ) Collection Agreement. This type of agreement is almost similar to that of the Admin deal whre the copyrights are retained by the writer except this that the exploitation functions such as business manager or accountant are not performed by the publisher.

6) Sub Publishing Agreement. Basically the deals which are done in Forgein countries or at forgein territories where there is no transfer of copyrights ownership is performed to the sub publisher, but this is also limited to 1 or more that 1 countries which falls under forgein origin.ofter this kind of agreement is mostly restricted to the Australia, European, Switzerland or Latin American countries.

7 ) Purchase Agreement. Under this type of agreement a music publisher acquires some rights or evn whole rights of another music publisher, which may also be considered as some what like merger of companies.Concept of Due diligence is run in this type of cases so that no disputes may arise in future (Author agreement and copyright, 2003).

Collection societies are organisations handling the function of right management, these rights owners’ perfoms the following duties

All non exclusive licenses are sold by them.
Royalties are collected by them.
All the royalties thus collected are distributed as agreed at the beginnening by them.
They also ger indulged into entering into contracts with other collecting societies.
Look that their rights and enforced.

Conclusion

Now as we have gone through all the concepts pros and cons and royality distribution, and there after the impact of introduction of internet and changes that came as dramatic by nature and disputes which arose at that times, and other all concepts which concerns this music publishing concept, we conclude that this concept is very vast and fast grown, this involves so many complications and arrangements to tackle these complications, and its future hazards. The information which has been discussed above have provided us with the clear picture that how this music industry is atructured and what all changes has come during this journey since its inception. The above has streamlined both ways of the argument. The concept of music piracy has been come in existence much due to this music industry; it has also given brth to downloading of any of the music or commercial and is particularly called as peer to peer networks. Thus this is completed true if we say that the money which a writer earn on behalf of his song being published or bought into live performances are such huge and unexpected that this may surprise even almost all the human generation (Jackson and Santé, 1985). The best part is to make a company of your own so as to safe guard the risk which may emerge on account of getting trapped into the hands of some bigger and popular music publishing companies (Kidson, 1907)

References

Asscher, M. (1992). What publishers need in national copyright laws. Publishing Research Quarterly, 8(2), pp.21-26.

Author agreement and copyright. (2003). Journal of Midwifery & Women’s Health, 48(4), pp.A23-A23.

COOPER, M. (1938). LISZT AS A SONG WRITER. Music and Letters, XIX(2), pp.171-181.

Eagle, B. (2004). Predicting Black Musical Innovation and Integration: The 1850 Mance Index for Appalachia. Black Music Research Journal, 24(1), p.73.

Fletcher, L. and Lobato, R. (2013). Living and Labouring as a Music Writer. CSR, 19(1), p.155.

Frith, S. (1988). Copyright and the music business. Popular Music, 7(01), p.57.

Garofalo, R. (1999). From Music Publishing to MP3: Music and Industry in the Twentieth Century.American Music, 17(3), p.318.

Hauser, A. (1958). American Music Publishing in 1958. Notes, 15(3), p.377.

Hoffman, M. (1948). Go Ahead and Sign That Contract!. Music Educators Journal, 34(6), p.9.

Jackson, R. and Sanjek, R. (1985). From Print to Plastic: Publishing and Promoting America’s Popular Music (1900-1980). American Music, 3(4), p.494.

Kidson, F. (1907). Old-Time Music Publishing. The Musical Times, 48(771), p.303.

Lazlo, D. (1979). New Music Distribution Service. Computer Music Journal, 3(2), p.5.

Lund, J. (n.d.). Fixing Music Copyright. SSRN Journal.

Music. (1981). Early Music, 9(2), pp.267-267.

Popular Music: Education Issue. (1995). Popular Music, 14(01), p.127.

SCHNOEBELEN, A. (1997). The Relities of the music publishing word. Early Music, XXV(2), pp.349-349.

Sigman, M. (1988). A Serious Look at Serious Music Publishing. Music Educators Journal, 74(7), p.38.

Spencer, G. (1992). Music Publishing and Music Representation in the Technological Age: A Symposium. Computer Music Journal, 16(3), p.96.

Stroh, D. and Verhaalen, S. (1970). Publishing: Who Gains?. Music Educators Journal, 56(8), p.18.

Underwood, K. (1996). Archival Guidelines for the Music Publishing Industry. Notes, 52(4), p.1112.

Music Publishing Need In National Copyright Laws

Copyright Laws Musical Work

Posted on December 18, 2019 | by KN Simon

Question:

Describe about the Copyright Laws Musical Work?

Answer:

Case analysis Riley Records v. The C&C Experience

Fact:

In the year of 2006 three persons Riley De Smit, Candace Liu, and Celine Sze initiated a singing band named as “The C&C Experience” in New York. This three people started to write up the songs together and also performed in the nearby coffee shops or restaurants or like places. These songs are named as the song in the matter. The songs belong to the category of typical Asian Raps. They create the songs in sometime at 2006. The main fact was that both the parties that plaintiff and he defendant will create the songs along with the help of those mentioned three people. This singing band continues their performance in the local level and family gathering till the year of 2007. After some time the conflict stated between the band and DE Smith. They possess different views regarding the band’s future. Three people are not obtaining the same view. De Smith suggests for the commercialisation of the songs because it will somehow help the band to get more wide range of audience. But the other two people stated that they create those songs for spreading joy to the people. But the commercialization will not serve he purpose. It can give the fame but the original purpose will be hampered as claimed by the other two partners. De Smith wanted to shift to California where they will get much bigger audience. But the other two friends want to stay in the New York City. In addition to it there is another conflict between them regarding the band’s name. Other two friends denied changing the name o the band as proposed by De Smith. In 2007 De Smith shifted to Los Angeles and leave New York. In between the year of 2008 -10 he executed an agreement with a big recording company for the fame in the industry. This agreement helps him to get more and more contacts which actually help him to attain his dream to be famous. Riley Records, a newly initiated company wants some fresh singers for their recording. In 2011 he signed and contract with the record company and uses the songs made by the three people in the band in New York. He claimed that he was the solo writers of the song. 15 second of the song was written by him and the remaining was written by the other as claimed by him. But he uses those songs. The band knows about the matter but they were not interested in taking any legal action against him. Other two members are continuing their performance in the local level. They create a video and upload it in the internet. After watching that video De Smith filed a case against the band. The allegation was made for the violation of copy right protection.

The issues that arise in this situation are as follows:

Whether the plaintiff has been unlawfully deprived of his rights under copyright protection?

Whether the defendants can be asked to pay compensation or damages to the plaintiff for having deprived him of his lawful rights under the provisions of the existing copyright law?

Whether Mr. DeSmit has done any wrong by using the fifteen seconds of the song that belonged to C&C Experience?

What is the rationale behind the application of the relevant copyright laws in the given circumstances?

Arguments:

A musical composition is said to be consisting of music and any other words that accompany the music, its composition and the associated sound recordings. The author of a musical composition is generally the person who composes the musical note or the lyricist associated with the song. Such a piece of musical composition can be recorded in any form irrespective of its usage (Barron).

The existing copyright law allows the artists and the composers to reap all the economic benefits which arise out of their creation by allowing them to have total control over when and how the music can be reproduced or distributed in terms of the agreement with the producers. As far as bands are concerned, the authors of the song are entitled to similar rights provided that certain things are kept in mind (Roland). Before getting into the composition, especially when the song is being written with someone else, the authors should clearly decide amongst themselves as to who would own the song. If such an agreement remains absent, then all the collaborators keep an equal interest in the copyright of the musical work (Wherry).

A piece of ‘musical work’ is considered to be a joint work if it is prepared by two or more composers with the intention that their work would be merged into a single piece of song inseparable from the other parts of each composers (Moser and Slay). In the absence of any written agreement among the composers, the song cannot be split with regard to ownership issues (Goldman).

In the given situation, the members of C&C Experience, jointly authored the song titled “This Song” in the year 2006. As such, the copyright in the song remains in action till a period of 20 years. But Mr. De Smit made himself walk away from the band and opened up Riley Records. There, he wrote another song titled “The Other Song” which contained fifteen seconds exactly as similar as the one present in “This Song”. The other two members of the band subsequently sued Mr. DeSmit for having earned profits on their work.

The law point in this issue states that ownership is likely to depend on who is the “author” of the recordings (Turner). In this case, since the facts remain absolutely silent on who is the split owner of any part, hence the song shall be presumed to have been created by all the three composers.

Since, the sound recording under question has been jointly authored, any band member (in this case Mr. DeSmit) is entitled to use the license of these recordings on a non-exclusive basis, as long as he pays the other members their pro-rata share of the earnings. In this case because Mr DeSmit has not availed of this permission neither has he cared to seek for a permission, he cannot earn royalty out of it nor can his recording unit claim those fifteen seconds to belong exclusively to them. Although the act has not been challenged here, but this is a clear instance of copyright infringement.

As far as the issue with Mr. De Smith is concerned, it must be noted that he has already made a decision to leave C&C Experience and he has also taken steps in this regard. He has formed his own company Riley Records. Thus, as far as the present scenario is concerned, he is not a member of C&C Experience anymore and has ceased to be able to earn any profits or goodwill or fame which they get in the process of their musical work.

Following this we can say that Ms. Liu and Ms. Sze, are free to perform any work that belonged to C&C Experience even if Mr. De Smit has absolved from being a part of the band.

In the given situation, the members of C&C Experience under the name of their band have performed on their creation “This Song” in a public forum. Since, they have not claimed the song to have been written by them alone nor have they reproduced the song in any other form, they cannot be said to have infringed the copyright of Mr. DeSmit.

They have in no way made the words of the song unrecognizable by either changing the music or the words. The song is exactly the same as it was produced and thus, Ms. Liu and Ms. Sze continue to retain the copyright and the songwriting credits of the song titled “This Song”. In order to sue them, Mr. Desmit needs to show at least any one of the two essential requirements of which one is to show ownership of the allegedly infringed song or he has to show that the alleged infringers have violated at least one exclusive right granted to him (Sadie).

In this case, neither of the above two requirements can be fulfilled by him. Because he has himself moved out of the band, he is not entitled to claim ownership over the song because the owner in this case is the band titled C&C Experience. At the same time, he can also not say that the alleged infringers have violated his rights because they have not given any individual performance of the song. Rather they have performed under the name of their band and due credits should be given to them for the same. No royalty can be claimed by Mr. DeSmit once he has decided to irrevocably move out of the band.

Further, the video that went viral was also not uploaded by C&C Experience. It was the act of a fan who did that. Hence, the members cannot be blamed for copyright infringement in any case. What they have done is under total authority of the band and the royalty earned by them is also lawful. They have in no way been responsible for having caused any damage to the copyright of Mr. DeSmit. There has been no infringement of the copyright rights of the plaintiff.

Conclusion:

It can be concluded saying that the case involved whether Mr. DeSmit’s copyright rights have been infringed by the members of C&C Experience or not. The plaintiff is unlawfully claiming the rights in the case and thus, the decision of the court stands that the plaintiff cannot be granted any damages on the basis of copyright infringement (Greene).

The judge agrees on this point and lays down that the claim raised by the plaintiff stands cancelled and he is liable to receive no damages.

The Court has labored to fashion a reasonable limit on statutory damages awards against individuals who illegally claim a piece of music to be their own such that the award of statutory damages does not veer into the realm of gross injustice.

Finally, the Court rejects the contentions of the Plaintiff in this suit.

References

Barron, A. ‘Copyright Law’s Musical Work’. Social & Legal Studies 15.1 (2006): 101-127. Web.

Goldman, Eric. ‘Warez Trading And Criminal Copyright Infringement’. SSRN Journal n. pag. Web.

Greene, David B. The Imagining Of Community In Works Of Beethoven, Verdi, And Shostakovich. Lewiston: Edwin Mellen Press, 2010. Print.

Moser, David J, and Cheryl L Slay. Music Copyright Law. Boston, Mass.: Course Technology, Cengage Learning, 2012. Print.

Roland, N. ‘Calculating Damages In Copyright Infringement Actions Under Belgian Law’. Journal of Intellectual Property Law & Practice 9.4 (2014): 292-297. Web.

Sadie, Stanley. ‘Copyright Or Copywrong?’. The Musical Times 107.1476 (1966): 119. Web.

Turner, Graeme. ‘Copyright, Regulation And Power In The Recorded Music Industry: A Model’. Popular Music 13.03 (1994): 339. Web.

Wherry, Timothy Lee. The Librarian’s Guide To Intellectual Property In The Digital Age. Chicago: American Library Association, 2002. Print.

Construction And Manufacturing Copyright

Posted on December 16, 2019 | by KN Simon

Construction And Manufacturing Copyright.

Question:

Discuss About The Construction And Manufacturing Copyright?

Answer:

Introduction

In the present planning and completing a project within calculated time and budget has become a tough challenge. It is becoming harder for the engineers to complete their projects as per the calculated time. As per the operations, there are few obstacles while planning and scheduling the construction of the Grand mosque. Hereby, this report has been prepared to discuss the problems that are creating the challenge to complete the project on calculated time and budget. Thereby, as per the complete analysis about the same, there are a few proposals which can help the team to complete the project in an exact way

Report

This report has been prepared to give the details about the scenario and the issues, which have been come up, while complete the task as per the planned task. However, with the complete analysis of the issues, there are some ways, which may help the team has also been discussed over.

As per the schedule and planning, the project needs to get completed within 9 days. However, on the last day of working the team has reached a 1.17m depth of excavation as planned. Therefore, an unexpected hard rock layer has been found by the team which has now created a challenge for the project.

Our consultant was then present at the site and he has advised that the team has to reach 1.5m depth as per the diagram.

The planned calculations for Activity B (Excavation) were;

Activity B

Soil type

Quantity

Rate per Day

Working days

Rent per Day

Total Cost

Sand

2500

200

2500

Table .1

The calculated working day was 9 within which the Excavation should be completed. Now the team has already completed 77 % of the work as per the schedule this activity.

Now as the Hard Rock layer has been found so now it is important to bring rock Breaker. This will not only increase the budget but also will exceed the time period of the project (Rees, 2003).

Now it is important to hire a breaker machine on rent to complete the task and the charges of excavation is 100 m3/ day

The cost of renting the machine 250 O.R / Day

Soil type	Quantity	Rate per Day	Working days	Rent per Day	Total Cost
Sand	1900	200	6	200	1500
Hard	600	100	6	250	2200
		Total	12	Total	3700

Table.2

Hence, the schedule will exceed and the modified one will take 12 working days instead of 9 and this will make the project 9 days behind the planned period.

However, not merely the duration but this will also affect the cost and budget of the project (Nagarajan, 2004). The modified cost for the activity B will become 3700+ indirect costs for 3 days in spite of 2500, this will lead the project over budget.

The project had been planned by keeping factors in mind likewise:

Investment decision
Working Capital decision
Financing decision
Even, Financing decisions are influenced by the

Microeconomic factors:

Level of risk, liquidity position,
Macroeconomics factor:
The state of economy
Government policy

If we compare the previous excavation cost and time and modify cost and time it is creating a huge difference in the plan.

Thereafter, it has been assumed that the costs to exceed surface mining costs. Now it has become important to review that presumption to analyze the core elements of costs in every case and to compare the costs for the same (Chitkara, 2013).

There are few reasons that are nursing alleged cost effectiveness based on hard rock industry.

They contain labor intensity, equipment, higher energy efficiency and some operations like ground control, supplies etc.

Manpower need to be increased with arise the problem in order to complete the project on time (Dykstra, 2011). This will create over budget issues Indirect cost and direct both.

Equipment cost will also increase the rent of breaker will also include in the expenses. The increased days of working will definitely increase indirect costs for the project (Clough, 2015). The rent of the Breaker and if tried to hire more labor then also it will increase the cost as extra labor will be over budget as per the planned budget.

The processes employed in budgeting is contained to an understanding of cost control and cost estimation.

Purchasing of raw materials
Transportation cost
Tools of small values
Fuel oil
Machinery spares
Wages and salaries paid to production workers
Staff
Supervisor and other staff
Costs are given to the subcontractors regarding the orders that have been placed
Total Cost of production line rejections, wastages, breakdown and modify

The analysis has shown us various factors that are affecting the esteemed planned.

Henceforth, the modification has become mandatory to find out any kind of solution for this.

So here are some of the ideas that may help to deal with the current scenario.

Particular	1^st week	2^nd week	3^rd week	4^th week
Problem Identification
Preparing the Literature Review
Analysis of the gathered data
Research gap
Framing of the aims and objectives of the research
Primary data collection
Scrutiny of data
Explanation and interpretation
Finding valid conclusion
Submission

Figure .1

In order to bring out the appropriate solution, it was important to research accurately. The above-prepared chart has detailed the process of submission. As per the reviewed network and activities sequences, the solution that has been observed is overlap (Dou, 2016). The team can overlap 5 days between activity G and H in spite of working in a sequence. The description has been given below with the help of the table which will help understand the entire activity.

Activity	Description	Immediate Predecessors	Time Duration (Days)
A	Excavation	A	9
B	Install rough Plumbing	B	21
C	Cleaning and Securing of the site	–	3
D	Reinforced concrete for plinth Beams works AND Filling	C	25
E	Install Rough electrical wiring	D	7
F	Outside plaster	E	10
G	Wall Tiles For Toilets & Imam House Kitchen	F	15
H	Floor Ceramic Tiles	F	11
I	Waterproof and Roof Sloop concrete	G	8
J	Inside plaster	I, J	5
K	Inside painting	G	4
L	Outside Painting	H	10
M	External Works	M, K	25
N	Reinforced concrete for ground floor Columns And Slab	L	45
O	Doors and Windows	N	21
P	Install Plumbing Fixtures	O, Q	9
Q	Marking, Reinforced concrete works	O, Q	6
R	SRC solid blocks work for super structure works	L	10
S	Install Electric Fixyures	I,J	8
T	SRC Solid blocks work for periphery outside the building under the plinth beam	K	7
U	Handing Over of completed work Leave in a fit condition for occupation:	P,R,S	5

Table .3

Overlapping activity G and H can save the extra 3 days as well as will help the project to complete it as per the schedule but will add another critical path and this can increase the risk.

Then the modification will create 2 critical paths and there the team has to work with the new technique to reduce the risk.

Consisting of two critical paths will increase project risk but the help of this solution can be found for the problem of the team.

		Original Planned		Modified
Activity Code	Immediate Predecessors	Duration Days	Total Direct Cost	Duration Days	Total Direct Cost
A	A	9	1500	12	1500
B	B	21	6950	21	6000
C	–	3	500	3	500
D	C	25	1700	25	2000
E	D	7	650	7	650
F	E	10	2500	10	2500
G	F	15	3000	15	3000
H	F	11	1800	11	2000
I	G	8	900	8	900
J	I,J	5	600	5	600
K	G	4	550	4	550
L	H	10	2000	10	2000
M	M,K	25	4040	25	4040
N	L	45	10,000	45	10,000
O	N	21	5050	21	5050
P	O,Q	9	3500	9	3500
Q	O,Q	6	750	6	750
R	L	10	2500	10	2500
S	I,J	8	1200	8	1200
T	K	7	900	5	900
U	P,R,S	5	800	4	800
		Total	51390	Total	50940

Table .4

With the above classifications, it has been clearly analyzed that it is possible to maintain the budget as well as the duration of the project. The modification brings out another critical path with which new calculation has been generated and that may help the team (Jha, 2011).

The estimation of Activity E

The cost of RCC foundation including labor = 80 O.R/m3, 38 x 80 = 3040 O.R.

Imported filling including machine + labor charge = 1.5 O.R / m3, 750×1.5=1125

As per this calculation, the solution which can be used to maintain our budget is using the selected excavated material after use screen

Estimated selected excavated material after use screen + labor charge = 0.5 O.R/m3, 750×0.5=375

This will help us to save 750 O.R. the project will be under budget

	Working Days	Direct Cost	Indirect Cost/Day	Sum Indirect Cost	Total Cost
Planned Baseline	160	51390	100	16000	67390
Modified Baseline	160	50940	100	16000	66940

Table .5

With this modified baseline it is possible to control the budget and the time for the project. The construction is possible with the help of modification as per the analysis of the complete problem.

It is important to maintain the budget and time so if excavated materials are getting used and overlapping the G and H activity it will reduce the project risk (Munier, 2012). As per the modified base line, our direct cost will become 50940 that are even less than the previously planned baseline.

Conclusion

The entire problem of over budgeting and increase of planned duration while excavation because of the finding of Hard Rock layer while reaching 1.17 m deep has made the project has made challenging one. In order to bring the appropriate solution, it was important to analyze and modify the entire calculation which has generated two critical paths. Two Critical paths may generate a bit of risk in the project.

Although with the complete analysis the solution that has been understood is the overlapping of few business-law as well as the using the selected excavated materials instead of imported one may help reduce the risk of the project. Overlapping of two activities that are activity G and H has not only helped to maintain the duration of the budget but has also helped to maintain the budget. As shown in the table that the total cost of modified baseline is 66940 which obviously less than the previously planned base line.

References

Carmichael, D (2000) Contracts and International Project Management. CRC Press. copyright

Chitkara, K (2013) Construction Project Management. Tata McGraw-Hill Education. Copyright

Clough, R (2015) Construction Project Management. John Willey & Sons. Copyright

Dou, R (2016) Proceedings of the 22^nd International Conference on Industrial..Vol2. Springer. Copyright

Dykstra, A (2011) Construction Project Management. Kirshner Publishing Company

Jha, K (2011) Construction Project Management: Theory and Practice. SAGE Publication

Munier, N (2012) Project Management for Environmental, Construction and Manufacturing. psychology. Copyright

Nagarajan, K (2004) Project Management. New Age International. Copyright

Ramakrishna, K (2010) Essentials of Project Management. PHI Learning Pvt Ltd. Copyright

Rees, G (2003) Civil Engineering Project Management Fourth Edition. Elsevier. Copyright

Construction And Manufacturing Copyright

Copyright In Computer Software Information Technology Essay

Posted on December 8, 2019 | by KN Simon

Copyrights are used to protect a wide variety of works and have developed vigorously since its beginning as a very important intellectual property right. Copyright has a pragmatic approach and it extends to a wide range of works regardless of quality, subject to some basic requirements which are usually satisfied. Copyright law protects computer software, whether it be computer programs, computer files, printed documents or databases. Current issues concern the scope of protection, for example whether it is permissible to create a new program to emulate the operation and functionality of an existing program.

Software is protected under the copyrights act where as computer programming languages are not protected due to the extent they compromise principles and ideas.Information technology industries rely heavily on intellectual property law to protect their products and other assets.

‘Intellectual property [1] means any patent, trademark, copyright, designs right, registered design, technical or commercial information or other intellectual property.

Any patent, trademark, service mark, registered design , copyright or design right, or

Any licence under or in respect of any such right [i]

Intellectual property (IP) is original creative work, such as a piece of music, an invention, a piece of software or a brand, that has been developed to such a stage, and captured in some permanent way, for example, on paper, that it can be owned in the same way as physical property [ii] .

The owner of IP has control over it and would expect to be rewarded for its development and use. Anyone who has a new creative or innovative idea then has the right to benefits from it. That right can be bought, sold, hired or licensed like any other property. The advancement in the technology gives more hindrance to the existing intellectual property law.

LAWS RELATED TO INTELLECTUAL PROPERTY

PATENT LAW

Now days, for industrial related inventions the patents laws are closely concerned. These laws have very special and dominant mode of protection for newly invented things or projects to congregate the challenging standards. In general with other intellectual property rights, ‘a patent is a form of personal property that may be assigned, licenced or charged by a way of mortgage’. This statement was acknowledged by the Patents Act 1977 s 30 (1) that a patent is not a thing of action. The patent law provides only limited period of time in return for disclosure of the information’s and data’s regarding to the invention [iii] .

The patents Act 1977 s 1(1) requires the following conditions to be satisfied for a patent to be granted for an invention:

The invention is new

It involves an inventive step

It is capable of industrial application; and

The grant of patent for it is not excluded by subsections

To make a patent for an invention, there are three basic statements are required. They are novelty, inventive step and it should be an industrial application. And also the industrial application should provide a clear cut structure or an agenda in which to explore the legal consequences. On the other hand the Patents Act 1977 contains no there is no definition of what an invention is. This may be due to that the responsible for drafting the Act felt either the work was too discouraging, or they might be considered that the definition was seen as sterile later and a fetter on the development of the law in tune with the technological development. And also the patent law includes the protection for the particular product in the way it works.

COPYRIGHT

This is the law which is used to prevent others from unreasonable advantage of a person’s creative inventions or work. Copyright, Designs and Patents Act 1988 are three specified types of works which exists in the property right. To do work such as making a copy, broad casting or selling copies to the public, the owner is the only person who has exclusive right to act related to the work.

The qualification requirements are

Original literary, dramatic, musical or artistic works;

Sound recordings, films or broadcasts; and

The typographical arrangements of published editions

In general, copyright is the thing which is given to the owner of the original work or an inventor. The works available on the internet environment are also protected by copyright. This copyright law provides a maintaining balance of rights between the inventors that means the original copyright owners for enough payment for the use of their works, and rights to access the ideas and information by the society. We can conclude the meaning of copyright in simple way that copyright does not protect ideas, but only the expression or product of ideas.

The copyright law not only protects the work but also it should not give any rise to monopolies and it is permissible to any person to submit the work which is similar to the work available before, that is pre- existing work as long as the later work is not taken from the first. Patents Act 1988, Copyright and Designs were passed, this is considered as the major advancement is technology. Due to the account of moral rights and inalienable rights this Act has due which belongs to the author irrespective of the ownership of copyright [iv] .

Copyright is totally different by other laws provided by intellectual property rights. It gives perfect right to the authorities that means the owners and does not give rise to monopolies. It is an act giving rise to infringement of copyright may be associated with or accompany a breach of confidence.

TRADE MARKS

Trademarks are a diverse and familiar feature in both industrial and commercial markets. Marks are a very valuable form of intellectual property because they become associated with quality and consumer expectations in a product or service. Trademarks can be seen as serving two main purposes: first, reflecting the fact that a registered trademark is an item of property, to protect business reputation and good-will; and secondly, to protect consumers from deception, that is to prevent the buying public from purchasing inferior goods or services in the mistaken belief that they originate from or are provided by another trader. Significantly a trademark can be characters, letters, words, numbers, colour, shape, size, sounds and etc. There should be a sign in graphical representation in order to be registered as a trademark. Trademark law in general, protects a trademark vendor’s reputation, goodwill as well as the advertising investment by providing the trademark vendor the right to use all types of products and goods for which the trademark is owned by the user.

The Trademarks Act 1994 represented a milestone in trademark law. The 1994 Act, is more clearly drafted and it paved the way for improvements in both the substantive and procedural law relating to trademarks [v] .

IDENTIFICATION OF PROBLEM AREA

COMPUTER SOFTWARE

A range of intellectual property laws are associated in the protection of computer software. These laws which are created generally confine the use of software, both domestically and internationally. The various problems addressed here are which software can be patented. Software is written with the help of software. There are miles of similar code in programs that perform similar functions. Not so in novels, musical compositions, and other fine art. Another problem is the software piracy. Software has some problems and the manufacture always releases upgrades and this is significantly costlier than the previous one. So these kinds of things generally lead to piracy of the software. Though computer software is normally not considered as patentable, today fundamentally any procedure or method that can be implemented in a computer software or program that manufactures a valuable result is patentable if properly described thoroughly and claimed completely. Another issue which imposes intellectual property is the software piracy. It is generally mislicensing, unauthorized duplication and illegal sharing of software and also distribution of it either for personal use or for business. Pirated software offends everyone right from the developer who created the software, the store owners and mainly to all the users of the software. Additionally, the economic is badly affected by the duplication of software as well as distribution of software [vi] .

In terms of protecting the computer software legally, there are three important points for the copyright owners need to be considered. The first one is copying the software by out and out piracy. This is mainly done for the Operating systems software like Windows, software related to games and famous software application like software used for word processing. Specially written software particularly comes under second and third concerns. Usually these software are written for business or companies in order to perform its operations or functions.

The advancement in latest technology extends the law which makes it to react slowly sometimes and one crisis has been the method in which it has been challenged to adjust the present legal concepts to pact with the difficulty caused by the technological advancements.

ANALYSIS OF THE PROBLEM

The problem area mentioned above is analysed by studying two case studied.

Case Study 1:

IBCOS Computers Ltd v Barclays Mercantile Highland Finance Ltd, [1994] FSR 275

In this case, Mr.Poole a computer programmer also the second defendant wrote programs for payroll and accounts. The programs copyright was owned by him and ultimately a Mk 3 version was developed by him. He started a company name PK Computer Services with another person where they provided software for dealers of agricultural machinery. When Mr.Poole came out of the firm, a note was signed by him stating that the firm has got all the rights in the software they developed and which has the suite program for Mk 3. Mr.Poole was then employed to write same software to the first defendant. Both the programs written by was the same programming language and there was much similarity between the two programs. Then PK Computer Services moved its properties to the claimant which came to know about the Mr.Poole’s actions, got a search order and prosecuted for copyright infringement in its suite of computer programs [vii] .

Copyright can be present in the computer program source code, unless it is provided with satisfactory originality. According to Copyrights Design and Patents Act 1988, section 16 and 17 states that “the owner of copyright in computer software or program has the full rights to produce the work in any form of material that is even he has the right to copy or to create an altered copy of the work or even in any substantial part”. Also section 21 CPDA states “”translation” includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code, otherwise than incidentally in the course of running the program” [viii] .

Substance like design of the program or its structure can be regarded as part of copyright in together with code bits and precise structure of the program inside a separate program. Overall program as well as individual program is able of copyright protection if they were the outcome of skill, work and judgement. When resolving whether a substansial part of work been produced, code text is not taken into consideration and the substantial and copying issue can rise at different abstraction levels, and with respect to this the Court sees the structure of the programs and the features in the design. The main thing that has to be noted is the unauthorized usage of confidential source code may lead to confidential breach.

IDENTIFICATION OF POTENTIAL REFORMS

Copyright law and patent law provide various types of protection. Copyright protection widen only to expressions, and not to procedures, ideas, operational methods or mathematical concepts as such, whereas a patent is an selected right given for an invention, which is a process or a product that provides a novice solution of doing something, or gives a innovative solution for a technological problems. Along with the various advantages, there is also number of risks involved. The most important risk involved potential liability for infringement of intellectual property. There are various limitations of the intellectual property law on computer software. One among the various limitations is the fair use policy. Here copying for teaching purposes, researches scholarships mostly considered as fair use and not as the copyright infringements. But whether it is a fair use or not is determined by the court by considering four main conditions.

For what purpose it is used

Features of the copyrighted work

Substantiality and amount of part used

The outcome of the possible value of or the market of work.

Another restriction on the rights of copyright software owners is given by section 117 of the copyright law, added in the 1980 amendment [ix] :

“It is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided”.

The limitation clearly proves that the user who has the right that is legitimately owns the computer software product to create various backup copies of the software in order to protect as well as prevent it from damage, or to save the software in the computer’s hard disk for the most efficient and easy use x [x] .

ANALYSIS OF POTENTIAL REFORMS

There has been much significant disagreement whether what computer features should be copyrightable or not. The difference between expression and an idea sometime be very difficult to make out even mainly for literary works like play and books. In general the ideas, functions and expressions are closely interconnected. Typically it is highly tough to separate which program element are the ideas and which are expressions. Also there is disagreement between various legal scholars, developers of the software and computer scientists whether literal or non-literal copying should be protected.

In the case 1 which is mentioned above , what Mr.Poole did is illegally wrong. He came out of the PK Computer Services and produced the copyrights of the software to the firm. But without the knowledge of the company he has written the same suite of program to another person. According to the section 16 and 17 CDPA , stated that the owner has the right to use the software or make a copy of it. Though Mr.Poole may be the person who has written the program. But once when he has given the rights to PK Computer Services Company, now the firm has all the rights and they are considered as the owner for the program. No longer Mr. Poole will be the owner for the Mk 3 version software. The Copyright, Design and Patents Act 1988 state the material can be copyrightable by the owner. So when the firm has the legal rights, Mr.Poole has written the same program to another person. He should have informed the PK Computer Services. What Mr.Poole did comes under the infringement of the copyrightable software. According to the Copyright Protection Act, the remedy for this solution can be the Defendant to pay the Claimant any profits generated by virtue of the infringement.

Remedies for Breach of Copyright:

As per the breaching laws of copyright are concerned, the 1988 act has provided us with two classes: civil and Crimical.

Civil:

The person who is responsible for primary infringement without the license of copyright owner must be sued for exploiting the work in different aspects. The injunction is the remedy for infringement and maority of them will be of a negative nature and its purpose corresponds to the need of protection against injury resulting the lack of legal rights and might not be compensated adequately. The primary concern of the courts are to assess where the parties are compensated sufficiently by damages and it also retains the power to make orders and the final relief can be given in the declaratory format of judgement. If it has undergone any damage, an injunction won’t be awarded normally and are calculated with the value of depreciation as a result of infringement.

B.Criminal:

According to the 1988 act, a person who commits an offence without the proper licence of owner leading to infringement should be investigated and the acts of prohibition include: view to committing any act infringement, selling or letting for hire, importing into UK other than private use and distribution in the business affecting the owners copyright.

CONCLUSION

Most people do not purposely break the law. They would never wish to consider stealing a box of software from the retail store or any shop. But those people who copy software without authorization act are also stealing intellectual property and must understand the consequences caused by the action.

Three technological important trends-the availability of data in digital form, the widespread use of computers and networks, and the rapid growth and proliferation of the World Wide Web and also the Internet-have profound suggestion for the way intellectual property (IP) is generated, allocated, an accessed by virtually every sector of society. The stakes are high in terms of both ideology and economics. Information technology has become the most important commodity the world has to offer. It is bought and sold, traded and stolen, just like any other commodity. However, each of these actions is rooted in the implication that information can be owned, i.e., information is a form of property. It is highly difficult to protect and prevent data against competition in the post employment and consultancy relationships. The law is unreservedly in preference of competition at the end of relationships and the best protection available is only available for a limited period of time. The advancement in the technology gives more hindrance to the existing intellectual property law.

The Music Copyright Law Essay

Posted on December 8, 2019 | by KN Simon

The Music Copyright Law Essay.

Are You Violating Music Copyright Law?

With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music.

Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more.Many artists and studios are upset with the decline in music sales.

They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet.

The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal.

If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law.

It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way!

The Music Copyright Law Essay

Essay: History of Copyright Law

Posted on December 2, 2019 | by KN Simon

Essay: History of Copyright Law.

MUSIC Essay: History of Copyright Law Due Date: December 13, 2019. Well developed, comprehensible and detailed paragraphs with reliable sources and work cited page no WIKIPEDIA, 100% free plagiarism. NEED A QUALITY PAPER not a speedy delivery prior to due date. Draft is a must!

Essay: History of Copyright Law

Copyright infringement: since internet users can access artifact, they access information of musicians and share the information with their friends hence creators of the music lose credibility of their work.

Posted on August 12, 2018 | by

Copyright infringement: since internet users can access artifact, they access information of musicians and share the information with their friends hence creators of the music lose credibility of their work..

Copyright infringement

It is true that information management is key for confidentiality of any organization’s information but the irony at once is that serious ethical challenges have constantly followed the information management. It is again quite unfortunate as technology advances, IT experts are not able to tell the kind of challenges that are being send into the system by the malware developers. From the reviewed academic articles, I noted that among the ethical issues that arise in the course of information management include: copyright infringement, reduced privacy and computer crimes. The similarity from all the articles was that nearly all businesses risk cyber victims since most of them have embraced digital networking. The one single difference is that how these business handle their problems is varied by the skills of their IT experts.

Based on the premise of chapter 14 of our text book, the articles support the theme of the materials in chapter 14 in that cybercrimes have become inevitable and what can only save organizations and businesses is having qualified IT personnel on board to save the situation in case it happens.

From the articles, I have learned that to a greater degree, harmful employees engage in dubious activities to harm the organization for their personal gains. Among the ethical challenges that can make information management a tall order include:

i Security: hackers use the internet to hack organization’s systems using the Internet protocol address to collect data that they may use against the business organization.

ii Issues of privacy: due to the existence of webcams, many experienced users have popped into the private life of celebrities and caused havoc to their private life.

iii Copyright infringement: since internet users can access artifact, they access information of musicians and share the information with their friends hence creators of the music lose credibility of their work.

iv In p-principle, digital divide is another issue in information management as the company embraces technology, it has to first train its workforce on how to use the technology.

Please respond to the above post in 150 words.

Be sure to support your work with specific citations using APA format

Read a selection of your colleagues’ postings using one or more of the following ways:

• Share an insight from having read your colleagues’ postings, synthesizing the information to provide new perspectives.

• Offer and support an alternative perspective using readings from the class materials or from your own research.

• Validate an idea with your own experience and additional research.

• Make a suggestion based on additional evidence drawn from readings or after synthesizing multiple postings.

• Expand on your colleagues’ postings by providing additional insights or contrasting perspectives based on readings and evidence.

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Question:

Answer:

Introduction:

The royalities are furthure differentiated into different tpes:

Conclusion

References

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Question:

Answer:

Case analysis Riley Records v. The C&C Experience

Fact:

Arguments:

Conclusion:

References

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Question:

Answer:

Introduction

Report

The cost of renting the machine 250 O.R / Day

The project had been planned by keeping factors in mind likewise:

Microeconomic factors:

The estimation of Activity E

Conclusion

References

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LAWS RELATED TO INTELLECTUAL PROPERTY

PATENT LAW

COPYRIGHT

TRADE MARKS

IDENTIFICATION OF PROBLEM AREA

COMPUTER SOFTWARE

ANALYSIS OF THE PROBLEM

Case Study 1:

IDENTIFICATION OF POTENTIAL REFORMS

ANALYSIS OF POTENTIAL REFORMS

CONCLUSION

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Are You Violating Music Copyright Law?

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Copyright infringement

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Legal

Other

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