Examining the Legal Issue of Copyright

Examining the Legal Issue of Copyright Introduction This essay is on the topic of Intellectual property and will be split into four parts. It will explain the law regarding copyright in the UK by using the Copyright, Designs and Patent Act 1988 (CDPA 1988), it will begin by discussing the legal terminology original work and why copyright exists and the regulations of copyright in detail with regards to fixation and originality, the definition of fixed in line with the current law, the skill, labour and judgement test including cases to support the claims and economic rights that an owner has. Secondly by explaining the 3 main types of original work that are granted protection by this act and in addition, it will shed light on what consists of copying of the work and alternatives to copyright including adaptation of the work and what the copyright infringes. The source used to gain this information is from Contemporary Intellectual Property: Law and Policy, By Hector L. MacQueen, Charlotte Waelde, Graeme Laurie and Abbe Brown. The thir d part of this essay will critically evaluate the impact of internationalism in terms of digital technologies. It will assess the new challenges this presents Intellectual Property (IP) in terms of new innovations that will affect the consumers and industry. furthermore, it will discuss the impact this has on Intellectual property by using the Gowers Review of Intellectual Property to source the knowledge. Lastly the essay will examine the case on Liam and Aleesha in terms of copyright and explain what infringements of copyright have occurred using relevant cases to reinforce the arguments that are made. Main body Copyright in its early stages was implemented to control the output of printers once the technology was invented and recognised in the 15th century. Before the era of printing, writing could only be duplicated by the process of manually copying out the work [1]. The UK formed the Copyright, Designs and Patent act 1988 to give creators of literary, dramatical, musical and artistic work ranging from sound recordings, films and broadcasts [2] protection and the right to regulate the way their work is used. For copyright to exist in work it must be original and fixed. The fixation or fixed term means that the work must be recorded in writing or otherwise [3] this includes and form or notion of code, either by hand or otherwise and regardless of the method by which or medium in which it is recorded [4]. Original or originality is not defined by the CDPA 1988, it is required that the work was originated from the author and not copied from another work. The work does not have to be different, it depends on the way the work was created. For example, a mobile phone application that embodies the same idea as another however has a different look and feel to the user is considered as original work. For copyright to exist in terms of literary, musical, dramatical, or artistic work, it must qualify as work. Work is determined by the amount of skill, labour and judgement that has gone into creating it. This means that the author of the work is the individual who has put the most skill, labour and made the most judgements on the work. However there have been some discrepancies in this as there are differences in opinion on how much skill, labour and judgement is required. In terms of case law for work one must look at the case of Hyperion records v Sawkins. Sawkins (S) had created new performing editions of four of his works. In total this work took 300 hours and that involved S making 3000 editorial interventions to the works. In October 2002, Hyperion Records (H) produced a CD featuring performances of the four performing editions that Sawkins created. H said that S was not entitled to copyright in these editions as editor should not obtain copyright in non-copyright work. It was held that the skill and time that S invested in making the works was enough to make them original, H had infringed S as he did not identify him as author. There are 8 types of original work recognised by the CDPA 1988. Literary works, dramatic works, musical and artistic works, sound recordings, films, broadcasts and typographical arrangements of published editions but for this essay we will only be explaining the main 3. Literary work is any work other than a dramatic or musical work, which is written, spoken or sung [5]. Literary works can consist of technological work such as software, databases and computer programs. In Anacon Corp Ltd v Environmental Research Technology it was found that circuit diagrams from which circuit boards are made into literary work as well as artistic work as the writing on the diagram is meant to be read and not just to be appreciated by eye. Dramatical work includes a dance or a mime [6]. However, there is debate on whether this includes television and films for example in Norowzian v Arks Ltd (N0 2) where N had created a film called joy which includes a man dancing with a plain backdrop, which was edited heavily. The defendants produced an advert for Guinness called anticipation that used a man dancing in a similar fashion and was edited similarly. It was held that the work couldnt be dramatic work as it cannot be performed in front of a live audience. Musical work consists of music, exclusive to any words or action intended to be sung spoken or preformed with the music [7]. A small number of notes and chords are enough for copyright protection as seen in Lawson v Dundas the four-note theme is enough to be protected by The CDPA 1988. Once original work is present, one must then determine authorship and ownership of the work. Authorship is the person who creates the work.[8] In the case of Walter v lane (1900) it was said that the author is the individual who has extended the necessary effort, skill and labour in creating the work. There is also a possibility of joint authorship where two or more authors have collaborated and the contribution of the authors cannot be distinguished.[9] Ownership of the work generally falls to the author who is in most cases the first owner of a copyright work. A clear example of this can be seen in Griggs group v Evans (2005) where Griggs who are the manufacturers of the footwear Doc Martens they hired an ad agency to create a logo which would combine two of their existing trademarks Airwair and Dr Martens, Evans was hired by the agency to create the logo. Evans assigned copyright to a Australian company who used it on their own products. It was held that the right to use the logo and to exclude others from using it belonged to the belonged to the client and not the designer. The CDPA 1988 states that the copyright owner has the only right to copy the work, issue copies of said work, rent out or lend the work to the public, preform, show or play the work in public, communicate the work in public and to make an adaptation of the work.[10] Copying the work comprises of the reproduction of the work in any material form and storing of the work in any medium by electronical means for instance taking a picture or scanning a document or recording live music to a digital format equates to copying. On the other hand, similar works do not infringe copyright as there must be a connection that the work is derived from the claimants. In Francis Day Hunter v Bron the defendant had produced a song called Why the claimant argued that the first 8 bars in the song were reproduced from their son called in a little Spanish town. The courts held that there must be a causal connection between the works and that the similarity must be sufficient and objective. Adaptation in terms of copyright differs from copying as it only applies to the literary, dramatical and musical works. This includes dramatisations and translations. Although there is a connection with copying, it is not as specific as adaptation. In Harman pictures v Osborne the claimants argued that the film created by Osborne copied a historical book, though there were parts that were different it was held that the similarities of incidents and situations suggested that they were both based on the same historical event. Impact of internationalism of digital technologies As we know the laws on copyright are outdated and are not up to par with this time as technology grows and we approach the age of online information, where ideas are spread internationally and very quickly. It is important that the IP laws are adequate to deal with the ever-growing digital technology as there are more ways to share goods and services. For example, the effect on the film and music industry due to growing technologies is having a great impact as films and music are pirated online and are accessed very easily and shared. This is causing a great loss for the industry as much as 20% of their annual turnover[11]. This creates challenges as it will affect jobs in addition it will have a detrimental effect on the industry in the UK as it is cheaper to reproduce this work using the internet which does not require cost. An argument made by Andrew Gowers in Gowers Review of Intellectual Property is that the infringement on IP in the digital world need to be more stern as the pe nalties are softer for digital cases then civil cases[12]. This will prevent IP infringement digitally where it is most common also we can give the power to enforce IP infringements to trading standards. Since the creation of the CDPA 1988 there have been numerous technological advancements, the problems this creates for IP are that it is easier now to copy or reproduce work and share it then it has ever been making it easier for the circulation of reproduced or counterfeit goods like songs in the form of MP3 files without the owners permission. In addition, new technologies do not fit into the scope of original work that is stated by the CDPA 1988 this causes confusion as it is not alike standard definitions of work, for example genetics or medicine. Copyright for Liam Aleesha Firstly, originality and fixation must be established in the work for copyright to exist, it can be determined that Liams work is fixed as he records the music and has it uploaded to the bands website to share to his fans, it can also be determined that the work is original as Liam writes his own music and lyrics. Secondly, the work is determined by the Skill, labour and judgement test. In terms of Liam he has put his skills of writing the music and lyrics for the band and has shown that he put is the labour as well as he writes all the bands songs, only a small portion is provided by the other members which includes Aleesha. From this information, it is determined that Liam is the author of the work as he is putting in the most effort, skill, labour and judgement into it. As seen in the case of Walter v Lane (1900) where it was said that the author of a work is one who extends the necessary effort, skill, labour and judgement in the work. Aleesha would not be a joint owner as her contribution is distinguished as a small portion. From this It can easily be decided that Liam is the owner of the music and lyrics. Thirdly it must establish whether there has been a copying of the work. In this case Robbie, has copied Liams work as he has digitally sampled his music without the right of the owner (Liam) it states in the CDPA 1988 that copying of the work includes the reproduction of the work in any material form. It can be said that there is a casual connection as the music is sampled directly from Musik Dynamites work. In addition, the case of Lawson v Dundas further reinforces the argument as it was established that as little as 4 chords or notes are sufficient for copyright. Also from the information gathered it can establish that the owner (Liam) has not given consent to Robbie or Aleesha for them to use or sample his music as it doesnt state otherwise. From this information, a strong argument is made that an infringement of copyright has occurred. Conclusion In conclusion, this essay has thoroughly clarified on what copyright is in terms of the CDPA 1988 and given relevant cases to illustrate points made demonstrating legal knowledge. It has explained legal terminologies and defined them in junction with the CDPA 1988 and has clearly described what copyright infringes. Furthermore, it has discussed the growing impact of internationalism in digital technologies. In summary from the research conducted the law regarding IP needs updating in terms of new technological advancements to keep up with the protection of work as It would affect sectors such as the film and music industry negatively. Finally, the essay has examined the case of Liam v Aleesha and Robbie and has concluded that Aleesha and Robbie have infringed copyright by sampling music by Musik Dynamite without the right of Liam who is the author and owner of the music. Bibliography Books Gowers A, Gowers Review of Intellectual Property, HM Treasury 2006 MacQueen H, Contemporary Intellectual Property: 2nd edition Law and Policy 2010 Patterson, L. R., Copyright in Historic Perspective, Vanderbilt University Press, 1968 Cases Anacon Corp Ltd v Environmental Research Technology [1994] FSR 659 Francis Day Hunter v Bron [1963] Ch. 587 Griggs group v Evans [2003] EWHC 2914 (Ch) Harman pictures v Osborne [1967] 1 WLR 723 Hyperion records v Sawkins [2005] EWCA Civ 565 Lawson v Dundas [1985] The Times 13 Norowzian v Arks Ltd Anor (No. 2) [1999] EWCA Civ 3014 Walter v Lane [1900] AC 539 Legislation The Copyright, Designs and Patent act 1988 [1] Copyright in Historical Perspective, p. 136-137, Patterson, 1968. [2] The Copyright, Designs and Patent act 1988 s.1(1)(a) [3] The Copyright, Designs and Patent act 1988 s.3 (2) [4] The Copyright, Designs and Patent act 1988 s.178 [5] The Copyright, Designs and Patent act 1988 s. 3 [6] The Copyright, Designs and Patent act 1988 s. 3(1) [7] The Copyright, Designs and Patent act 1988 s. 3 [8] The Copyright, Designs and Patent act 1988 s.9 (1) [9] The Copyright, Designs and Patent act 1988 s.10 (1) [10] The Copyright, Designs and Patent act 1988 s.16 [11] Andrew Gowers, Gowers Review of Intellectual Property p.3 [12] Andrew Gowers, Gowers Review of Intellectual Property p.4

Homework Is Bad

Homework is harmful to my health? When I first read the topic, a big question mark appeared in my mind. I haven’t thought that homework is harmful to my health because I have been taught that doing homework is students’ duty. However, in my opinion, too much homework is really harmful to my health according to the following reasons. First of all, too much homework exhausts brains and bodies, so I can’t have a good rest.I stay in school almost ten hours from 7 a. m. to 5 p. m. on weekdays. When getting home, I am extremely tired, but I still have to cheer up to finish daily homework. As a result, I don’t have any time to take a rest. Second, too much homework leads to insufficient sleep. I have different homework from different subjects. Take me for example, as a second grader in senior high school, on average I usually spend 2 or 3 hours on homework every day.When having lots of homework to do, I will stay up late to complete homework. Unfortunately, I sti ll have to get up early next morning, so I can’t get enough sleep. Third, too much homework causes stress, especially so-called difficult homework. When I can’t solve difficult problems by myself, such as problems in math, chemistry, and physics, I am absolutely obsessed with these difficult problems and then they become my heavy burdens and pressure.Fourth, doing too much homework makes eyes extremely tired and eventually it may cause near-sighted. I wear glasses because I ignore the importance of right gestures and bright light while doing homework. According to these above reasons, I firmly believe that too much homework is harmful to my health. Although too much homework may be harmful to my health, adequate homework is beneficial to my studies. After all, doing homework is one of my duties.

A Report On The Fire - 924 Words

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Community risk: This risk is specific to each community; community risk includes all risks that could potentially happen within their community. a. In Stone Park, we have three major roadways that have added an enormous amount of risk due to the high chance of multiple care accidents with the high volume of traffic. In addition, there are two younger aged schools in the village. This can pose a risk if a fire had happened within the building, due to there can be some children that would hide andShow MoreRelatedA Report On The Fire1451 Words   |  6 PagesINTRODUCTION This is a report compiled by Musawenkosi Nkabinde a student at Nelson Mandela Metropolitan University while conducting practicals in the kingdom of Swaziland at a company called Montigny Forest Products. 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What Motivated the Mongol Conquests of Genghis Khan

Early in the thirteenth century, a band of Central Asian nomads led by an orphaned former slave rose up and conquered more than nine million square miles of Eurasia.  Genghis Khan led his Mongol hordes out of the steppe to create the largest contiguous empire the world has ever seen. What sparked this sudden fit of conquest? Three main factors drove the creation of the Mongol Empire. The Jin Dynasty The first factor was Jin Dynasty interference in steppe battles and politics. The Great Jin (1115–1234) were of nomadic descent themselves, being ethnic Jurchen (Manchu), but their empire quickly became to a degree Sinicized—the rulers adopted Chinese Han-style politics to secure their own positions of power but also adjusted parts of the Han system to suit their needs. The Jjin Dynasty realm covered northeastern China, Manchuria, and up into Siberia. The Jin played their tributary tribes such as the Mongols and Tatars against one another to divide and rule them. The Jin initially supported the weaker Mongols against the Tatars, but when the Mongols began to grow stronger, the Jin switched sides in 1161. Nonetheless, Jin support had given the Mongols the boost they needed to organize and arm their warriors.   When Genghis Khan began his rise to power, the Jin were intimidated by the Mongols might  and agreed to reform their alliance. Genghis had a personal score to settle with the Tatars, who had poisoned his father. Together, the Mongols and Jin crushed the Tatars in 1196, and the Mongols absorbed them. The Mongols later attacked and brought down the Jin Dynasty in 1234. The Need for Spoils of War The second factor in Genghis Khans success and that of his descendants was the need for spoils. As nomads, the Mongols had a relatively spare material culture—but they enjoyed the products of settled society, such as silk cloth, fine jewelry, etc. To retain the loyalty of his ever-growing army, as the Mongols conquered and absorbed neighboring nomadic armies, Genghis Khan and his sons had to continue to sack cities. His followers were rewarded for their valor with luxury goods, horses, and slaves seized from the cities they conquered. The two factors above would likely have motivated the Mongols to establish a large, local empire in the eastern steppe, like many others before and after their time. Shah Ala ad-Din Muhammad However, a quirk of history and personality produced the third factor, which led the Mongols to invade lands from Russia and Poland to Syria and Iraq. The personality in question was that of Shah Ala ad-Din Muhammad, ruler of the Khwarezmid Empire in what is now Iran, Turkmenistan, Uzbekistan, and Kyrgyzstan. Genghis Khan sought a peace and trade agreement with the Khwarezmid shah; his message read: I am master of the lands of the rising sun, while you rule those of the setting sun. Let us conclude a treaty of friendship and peace. Shah Muhammad accepted this treaty, but when a Mongol trade caravan arrived in the Khwarezmian city of Otrar in 1219, the Mongol traders were massacred, and their goods were stolen. Alarmed and angry, Genghis Khan sent three diplomats to Shah Muhammad to demand restitution for the caravan and its drivers. Shah Muhammad responded by cutting off the Mongol diplomats heads—a grave breach of Mongol law—and sending them back to the Great Khan. As it happened, this was one of the worst ideas in history. By 1221, Genghis and his Mongol armies had killed Shah Muhammad, chased his son into exile in India, and utterly destroyed the once-mighty Khwarezmid Empire.   Genghis Khans Sons Genghis Khans four sons feuded during the campaign, leading their father to send them in different directions once the Khwarezmids were conquered.  Jochi went north  and founded the Golden Horde that would rule Russia. Tolui turned south and sacked Baghdad, the seat of the Abbasid Caliphate. Genghis Khan appointed his third son, Ogodei, as his successor, and ruler of the Mongol homelands. Chagatai was left to rule over Central Asia, consolidating the Mongol victory over Khwarezmid lands. Thus, the Mongol Empire arose as a result of two typical factors in steppe politics—Chinese imperial interference and the need for plunder—plus one quirky personal factor. Had Shah Muhammads manners been better, the western world might never have learned to tremble at the name of Genghis Khan. Sources and Further Reading Aigle, Denise. The Mongol Empire between Myth and Reality: Studies in Anthropological History. Leiden: Brill, 2014.  Amitai, Reuven and David Orrin Morgan. The Mongol Empire and its Legacy. Leiden: Brill, 1998.  Pederson, Neil, et al. Pluvials, Droughts, the Mongol Empire, and Modern Mongolia. Proceedings of the National Academy of Sciences 111.12 (2014): 4375–79. Print.Prawdin, Michael. The Mongol Empire: Its Rise and Legacy. London: Routledge, 2017.  Schneider, Julia. The Jin Revisited: New Assessment of Jurchen Emperors. Journal of Song-Yuan Studies.41 (2011): 343–404. Print.