Creative Commons - Rebalancing the Copyright Bargain in the Digital Age
Creative commons ~ rebalancing the 'copyright bargain' in the digital age? A free culture has been our past, but it will only be our future if we change the path we are on right now.1 I INTRODUCTION. The rapid progression of the digital age has provided almost limitless access to creator's works,2 and has forced a cultural 'rethink' on the role of copyright laws in the modern world. 3 Centuries old copyright laws, created in an age where the reproduction of works was easy to control, have emerged into an era with almost limitless potential for cheap, accessible reproduction by anyone.4 Whilst copyright laws have provided periods of protection for creators interests,5 they are perceived by many to serve commercial monopolies over works and against both the interests of creators and society alike.6 This has triggered a cultural revolution toward alternatives that attempt to restore control back to the creators, and foster creative freedom that is essential for a healthy and progressive society.7 This paper will examine the relationship between copyright, the public domain, and one of those alternatives, Creative Commons. II THE LAWS OF COPYRIGHT. 2.1 The Origins of Copyright. In 1710 the Statute of Anne was enacted in Britain giving legal effect to the concept of copyright,8 and in doing so, it dramatically changed the manner in which the rights over works were
Contrary to popular belief, the law is reasonably well equipped to deal with computer crime and has been substantially strengthened by recent legislation. Discuss
"Contrary to popular belief, the law is reasonably well equipped to deal with computer crime and has been substantially strengthened by recent legislation." Discuss This statement, made by Bainbridge,1 requires the examination and evaluation of both statute and common law used to address the phenomenon of computer crime and to access whether it/they is/are reasonably able to, in the light of recent legislation, deter, deprive, enforce and punish those that commit certain acts in this ever developing information technology age. Forty years ago computer usage was unusual; however people now consistently use computers and the internet. A recent report found "the internet to be rife with crime, current legislation to control it seriously lacking and public mistrust and fear extremely high."2 One of the main reasons for the popular belief that the law is not reasonably equipped is because criminal law tends to be reactive and whatever amendments to existing legislation are made, or new legislation enacted, to combat e-crimes3 the law, as rarely being forward thinking nor speedy enough, due to the processes it has to go through, will struggle to keep up with the speed of changes in information technology and that computers can be tools to commit crimes or can be targeted by criminals. It is the regulation of individuals and not necessarily the activity itself which is of concern
Should Internet Service Providers be liable for the copyright infringements of their account holders using P2P and BitTorrent software?
THESIS: Should Internet Service Providers be liable for the copyright infringements of their account holders using P2P and BitTorrent software? FREE FOR ALL: COPYRIGHT & ISP LIABILITY IN A MODERN TECHNOLOGICAL WORLD I INTRODUCTION We live in a knowledge society that is shaped by the information revolution and advanced by communication technologies, with the internet being at the forefront of this evolution.1 Since its introduction, the internet has opened a wide range of opportunities for sharing digital content such as music, movies and television shows in a global arena. Much of this digital content distributed through the internet is protected by copyright.2 However the technological advancement of digital online media has seen the world's internet users feast on an abundance of infringing content. This has resulted in untold billions of copyright violations.3 The ease of copying and distribution has altered social attitudes towards copyright works to the point where ignorance of copyright laws is widespread, and individuals justify breaking the law on the basis that 'everyone else is doing it'.4 This essay focuses on the issues surrounding online copyright infringement, the impact it has on the entertainment industry and whether internet service providers (ISPs) should be held liable for the infringing acts of their customers. These issues are quite complex and
Doctrine of Originality in IPR
JURISPRUDENCE I JURISPRUDENCE OF COPYRIGHT LAW DOCTRINE OF ORIGINALITY IN COPYRIGHT LAW PAPER SUBMITTED BY ANKITA GODBOLE APRIL 2009 INTRODUCTION "Copyright shall subsist in...original literary, dramatic musical and artistic works."1 T he fundamental premises on which copyright law is based is originality.2 The question that a court must thus ask itself when assessing copyright claims is whether the work being examined is 'original'. However, the exact meaning of the term 'original' and what exactly 'originality' entails remains a rather nebulous concept. The enquiry into whether or not a work can be called original enough to render it suitable for copyright protection, has devolved into the narrow point of whether it has satisfied the required 'standard/quantum of originality'.3 Divergent interpretations placed by various courts on the required quantum have left the jurisprudence on the point in a quagmire. Recent decisions by the Indian courts providing their version of the same have only served in augmenting the confusion. This research paper endeavours firstly, to locate the Indian judiciary's formulation of the standard of originality within those giving by other jurisdictions, and secondly to determine whether there is a need for reconsidering the same given its ramifications on copyright jurisprudence in India. Applying a case law analysis method, the paper
Implementation of Enterprise system at Dyson
Individual Report On Effective Implementation of Enterprise system At Dyson To: board of Directors Dyson limited. MODULE: INTERNATIONAL MANAGEMENT DATE: 24TH APRIL 2009 CODE: BSNM1M001 LECTURER: SHUAIB MASTERS EXECUTIVE SUMMARY The Dyson is based on unique and innovative concept. It's presence across the globe and containing the image as British brand makes it unique. Dyson's objective is to share data, information and knowledge within its branches across the globe. In recent times Dyson measured the procurement of enterprise resource planning software to get competitive edge, which causes fundamental change in technical behaviour of the employees. Key sensitising issues are as follows: Current data, information and knowledge management * Core processes and high level information needs. * Feasibility of implementing and Enterprise system. * Methodologies in implementing an ERP system. * Change management issues focusing on Business Process Reengineering and EIS. * Potential implications of supply chain management. It is worth to consider the flexibility of an enterprise system which offers information management and in line with the future information needs. Dyson having presence across the globe and being manufacturing
Discuss using case law what changes the Land Registration Act 2002 has made to actual occupation or to the receipt of profits from the Land Registration Act 1925 s.70(1)(g).
Discuss using case law what changes the Land Registration Act 2002 has made to actual occupation or to the receipt of profits from the Land Registration Act 1925 s.70(1)(g). LAND REGISTRATION ACT 2002: Today, there are two systems of conveyancing in England and Wales. The majority of land is 'registered land' and is governed by LRA2002 and the older system of unregistered land, which is governed partly by the rules of common law and equity and partly by provisions contained in the 1925 property legislation.1 The LRA2002 entered into force on 13 October 2003 and significantly amended the original scheme. It is intended to shorten and simplify the conveyancing process, while promoting certainty for buyers, vendors and anyone who possesses any relevant third-party interests. How Land Registration Works: If land has not been registered before, the purchaser buys the land subject to the old rules of unregistered conveyancing. Title is investigated under the traditional rules and the seller must show a 15 year good root of title. The purchaser then has a duty to register his legal estate. Failure to do so within time limit will result in the purchaser losing his legal estate in land. The registry is responsible for investigating title before first registration; it will check the accuracy of all the documents of title and, if satisfied, it will then register the new owner as
Trademarks and Passing Off
In order to advise Glamix Limited on the issues raised it is necessary to discuss the following areas of law: (a) passing off, and (b) trademarks. (a) The common law tort of passing off enables enterprises to protect their trade symbols. The passing off action may apply in situations where trademark protection does not apply. This is a significant point as Glamix does not have any registered trademarks. The concept of passing off was established in the case Perry v Truefitt,1 in which Lord Langdale MR ruled that a trader 'is not to sell his own goods under the pretence that they are the goods of another man.'2 The action enables 'trader A to prevent a competitor B from passing their goods off as if they were A's.'3 The key component of this wrong is telling lies to the public. It has been identified that the law 'contains sufficient hooks and crannies that make it difficult to formulate any satisfactory definition [of passing off] in short form.'4 However recent authoritative statements of the law on passing off can be found in two House of Lords decisions: Warnink v Townend5 ('Advocaat'), and Reckitt & Colman v Bordern6 ('Jif Lemon'). Although the two cases offer different terms7 of passing off, a general statement can be formulated consisting of the elements of the action. In order to succeed in an action for passing off the claimant (Glamix) must establish: '(i)
property law
EQUITY AND PROPERTY In addition to the proprietary rights operating at common law, a large part of the law of property consists of rights operating through Equity. In order to understand the nature of these rights and how they differ from, and interrelate with, common law proprietary rights, it is necessary to appreciate the relationship between Equity and the common law. This lecture therefore outlines the nature of that relationship, first in general and then with particular reference to property rights. The main equitable right regarding property, the trust, is then introduced. In the following weeks will involve description of the other main types of equitable property rights. Definition of "Equity" "Equity" in the pure sense means justice, particularly abstract justice as opposed to the accurate application of rules. Aristotle defined it as "a correction of law where it is defective owing to its universality". In this sense of an appeal to a higher justice above rules, equity forms part of many legal systems. In English law, however, equity has been institutionalised and the term now refers to a particular set of rules, which have developed from an original appeal to equity in the pure sense. The classic definition of equity as part of English law is that of the legal historian, Maitland1: "We ought to think of Equity as supplementary law, a sort of appendix
Intellectual Property Right
Introduction This article presents a debate on the topic of intellectual property rights. You will probably find it interesting to start off the topic with this quote: "The public will learn that patents are artificial stimuli to improvident exertions; that they cheat people by promising what they cannot perform; that they rarely give security to really good inventions, and elevate into importance a number of trifles...no possible good can ever come of a Patent Law, however admirably it may be framed." (The Economist, 2002) You may be thinking who would have had this subjective and extreme standpoint. One can hardly imagine or expect The Economist endorsed such an argument back then in the 1851, in a passage issued, which it was the mouthpiece of British economic liberalism at the time. In the mid-19th century, The Economist argues that by restricting the free use of one's ideas by another, patents hindered rather than promoted economic growth. Patents as a protectionist's measure were an enemy of free trade. Speaking about IPR, it is indispensable to include the interest party-developing countries. This sets off the argument of whether the current IPR laws and systems should be imposed in and are essential for every state especially in terms of economic and technological development. I believe that the patent system has a lot of defects and inadequately, it is only the
Essay question on the extent to which the Trade Marks Act 1994 has expanded the range of product attributes that could be registered as a trade mark
Intellectual Property Michael Roberts Tutor Group: A Dr. Ilanah Simon Fhima 'The Trade Marks Act 1994 was intended to expand the range of product attributes that could be registered as a trade mark, but the extent to which it has achieved that goal is debatable' (Michael Spence, 2007). Do you agree with this statement? Illustrate your answer by reference to the case law on the registrability of non-traditional trade marks. Since the Trade Marks Act 1994 ("the legislation") was enacted to implement the Trade Marks Directive (Directive 89/104) ("the Directive"), the traditional notion that trade marks are limited to words and pictures has been eradicated. Recently, all kinds of product attributes have fallen under the scope of trade marks: some successfully, others not so successfully. The impact the legislation has had on the trade mark registration system is unquestionable, but the extent to which its goals have been fulfilled is certainly a matter of debate. I will now briefly outline the structure of the essay. Firstly, the main provisions of the Trade Marks Act 1994 will be set out, following which I will outline various types of unusual trade marks with reference to appropriate case law. After this I will evaluate the extent to which the legislation has achieved its goals. Over the course of this essay I hope to show that the legislation has had limited success