Avoid Copyright Infringement: Article Analysis

To what degree are two photos similar enough to have both parties get involved in court? This question is asked frequently in the copyright law world, and is the subject of a case involving Esquire magazine’s cover of famous contemporary boxer Sonny Liston in 1963 and if the 1998 cover of Sports Illustrated with the then-popular boxer Evander Holyfield infringed on Time Inc.’s copyright. At face value the image can be copyrighted, but when dissecting the individual elements of the image apart, what remains is a weak argument to justify copyright protection.

Mr. Wright enlisted in the Navy in October 2008. In 2010, he participated in an anti-piracy operation which took place in the Suez Canal and the Red Sea. After the operation, Wright was assigned to serve at USS San Jacinto (Norfolk, VA). In Norfolk, Mr. Wright was tested positive for marijuana in on urinalysis test. After being taken to Captain’s Mast, Mr. Wright pleaded guilty. On January 7, 2011, Mr. Wright was administratively discharged under other than honorable conditions. While record indicates that Mr. Wright had a pre-service drug waiver for using marijuana before joining the Navy, Mr. Wright did not have any non-judicial punishments (NJPs) or Article 15s (or Captain’s Masts) prior to the positive urinalysis test.

It would be advisable to resolve the dispute of copyright infringement through direct negotiations. I would inform the stakeholders that according to the law, it is the legal right of Eastlane, Inc. to control the distribution of the book Great American Literature by Dr. C. R. Breach. In addition, I would instruct the professors to immediately take down the website and surrender the proceeds from commercializing the scanned texts. If the professors accept these terms, I would recommend that Eastlane, Inc. and Dr. Breach refrain from filing a copyright infringement suit against HSU, the three professors, and against all students who have accessed their website.

United States v. Article consisting of 50,000 Cardboard Boxes More or Less, each containing one pair of Clacker balls. This ridiculous sounding case was not made up for a cartoon. It was real. This case was concerning the seizure of an asset through the use of civil forfeiture. Civil forfeiture is a legal procedure used by police to obtain assets. If during an examination the police have a “preponderance of evidence” then they are legally allowed to take asset that they deem to be suspect. This process is currently allowed in 49 states with Nebraska outlawing it during April of this year. Due to the nature of the seizure, the person who has had their assets seized does not technically even have to be charged with a crime before or after the seizure. Through a multitude of programs, police have seized over 2.5 billion in assets in 2014.

Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.

Safeguarding Vulnerable Groups act is an act designed to stop the contact between children and vulnerable adults who may have been harmed. These people who have harmed them will then be on a barred list and will be barred from going into contact with the people that they have harmed. This is where CRB checks come into place when entering to work with any vulnerable people to ensure that they are safe working with them and not putting danger towards the vulnerable people. This links to people with dementia because they are vulnerable therefore they will be to be safeguarded. Anyone caring or working with the dementia sufferers will need to have a CRB check carried out to ensure that they are safe working with them and aren't going to harm them. The mental health act focuses on people who are at risk to themselves or other people. this act sets up certain frameworks that allow the care and treatments of mentally disordered people. This links to people with dementia because as dementia progresses they will be at risk to themselves and others therefore the mental health act can

The New York Times, as well as every other newspaper and magazine around the world, is struggling to find the best way to transition from traditional print to the digital space while still maintaining a profitable business. The current solution for the largest local metropolitan newspaper in the United States is a paywall, which requires readers of online content to pay for a digital subscription in order to have access to the site after a fixed monthly allowance of 20 articles. However, this pay metered method has been tried by the most popular American newspaper website before and the question is whether or not this strategy can help The Times evolve

4. Pick a theme that highlight customer journey or activity. It will effectively bring more interesting.

There are valid reasons why victims fail to seek help from authorities and reasons some move forward with prosecution. PG Publishing Co, Inc. (1997). There are times when victims decide to move forward with case prosecution when they feel like the situation seems to be beyond their control. According to the Article Engaging With Criminal Prosecution: The Victim’s Perspective, women may reach the point of readiness to take action toward prosecution when they feel that the abuse is potentially damaging to their children. Mothers were concerned that their children would learn and repeat the behaviors they saw at home; they wanted their children to know that such behavior is not okay: ‘‘One of the very last straws for me was the last time my kids

The court argued that the Copyright Act did not make Grokster or the other companies responsible for infringement, but secondary liability doctrines came into play. The software that was distributed over large areas would be challenging to find and deal with every single violator one at a time. At the time the only right thing to do was to rule against the software distributor for secondary liability. At this point, the software companies were held accountable for making profits off advertisement, and encouraging such acts of violating copyrights.

I have another quick question re. the Dec issue, is there still plans to cover IP within the magazine?

Longer copyright terms can prove beneficial for large mass media companies as evidenced by The Walt Disney Company’s lobbying for the Copyright Term Extension Act. This act, often dubbed the Mickey Mouse Protection Act, extended copyright protection for an additional twenty years in 1998. Consequently, Mickey Mouse is now set to enter the public domain on January 1, 2024. Disney will once again have the opportunity to lobby for extension and evade Mickey’s copyright expiration, thus preventing its most iconic character from entering the public domain. This holds pressing significance because lobbying for further extension legislation would likely occur within the next few years.

Identify and discuss these copyright challenges in the modern digital economy using examples from case law.

Intellectual property represents ideas created by minds of humans that require certain rights for their use. Intellectual property gives companies a competitive advantage and attracts the attention of other business partners and investors (Lee, 2016). With such importance, it is necessary for the law to protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets, patents, and copyrights are used to protect the ownership of intellectual property (Legal Information Institute).

Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.