A contract represents “a mutual agreement between two or more parties that something shall be done or forborne by one or both”, signifies “the supply of certain articles” and implies “ the performance of the specified work at a certain price, rate, or commission”(Harder, 2013). Every contract should be legally enforceable, even one not in writing. Although proving the existence of the contract may be harder if it is not in writing, it may still be formed. In case one and two, both of the contractors does not fulfill one of its obligations under the contract which includes the gratuitous promises. Especially, if “one party breaches the terms within the contract as a result of a gratuitous promise made by the other party”(Marston, pp. 93), broken…
Q1: Copyright Laws Copyright is a legal right 70 years Is any copy done of copyrighted material Taking someone else’s work and using them as one’s self Things that can be copyrighted are Cds and also video games. What can not be copied is Art nobody can draw or paint the exact same thing as another person. It is a state of being public or being available to the public.…
The Seven Copyright Questions. Answered here by: Colleen Dymond 1. Copyright is the right for the creator of an original creation, such as a piece of art, musical recording, or something along those lines, to be the only one to sell or produce this creation for a certain amount of time. It allows them the right to use their work without someone else trying to copy it. 2.…
I think it raised a good question but did not support the argument with enough facts therefore I was not persuaded. I would have discussed the medium where this battle is being waged more, YouTube, and how it works. Present the side of the copyright holder and how they feel their property is being used for the gain of another. Then point by point take apart the copyright holders argument, using the dancing baby as a example. Finally ending with the videos of happy dancers and the argument it is just people doing what they have always done just in 21st century…
This article examines Canadian Copyright Law as it was in 1996 and how it pertained to educators and school practices. The study questions some of the defences of infringement committed by educators and highlights that many are aware that they are infringing on copyright law but believe that their educational stance and position as an educator protects them from legal action. Walker clearly identifies that many educators in his study were aware of copyright legislation but remained passive about their obligations, consequently forgoing any notions of ‘fair dealing’ to ensure that students received as much knowledge as quickly as possible. He highlights that financial pressures and time are issues facing educators.…
The central message of Lawrence Lessig's video "Do copyright Laws Stiffle Creativity" describes how copyright infringement is impeding the centuries old practice of people coming together, and dancing and singing to the popular music of the day. Illustrating his point, Lawrence shows scenes from YouTube videos, created by average people, showing themselves or people they know, emulating the dance moves of recording artists while that recording artist's copyright song is playing. In some instances those YouTube videos have been removed from YouTube at the behest of the original artist who is citing copyright laws as the reason, an act Lessig views as selfish and wrong. Lawrence also shows a poster of President Obama, styled like an Andy Worhol Print, but with the word "Hope" attached, stating it violated copyright infringement and the creator of that poster was ordered to pay restitution to the original artist. Lawrence's message asserts the human connection, and communication derived from this connection, is more important than the rights of the artist who produced the original work.…
After the FCC’s decision to repeal net neutrality in 2017, many people began to take notice of these laws, which had previously been ignored for a good 2 years. Net neutrality was brought about in 2015, after many years of failed attempts trying to set these rules in place. Net neutrality laws, according to the “International Business Times,” were able to prevent ISPs from “slowing or throttling a user’s connection,” making sure users get the connection speeds they paid for without any regard for what services they’re using. Net Neutrality Laws also ensured that ISPs couldn’t treat internet services differently, making sure that consumers could get equal access to any site, and that internet-based companies were able to compete fairly without…
Harper argued that the last statutory factor is undoubtedly the single most important component of fair use. The court reasoned that when fair use is properly applied, it is limited to copying by secondary users whose work does not substantially impair marketability of the original work. To refute fair use the court indicated that the original user would need to show that if the challenged use became widespread, it would adversely affect the potential market for the copyrighted work. The examination must take account the harm to the original aw well as the harm to the market for derivative works.…
Should Writers Have A Creative License? Have you ever watched a movie, then read the book, and thought the movie could be better if it had more detail? This is how writers use creative licenses. The definition of a creative license is the ability to transform a true story. Writers use this to give the story more meaning and to make it more exciting.…
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. under article 1 section 3 of the Constitution fair use is covered and copyright law is covered in section 108, the fair use law goes in effect when you are using a piece of someone else's piece of work for educational purposes. An example of the fair use law in action, say you are creating a music video for youtube and your class and, you use copyrighted music and they take the video down. You will have to right an appeal to whoever took the video down and state it…
Copyright has been a controversial topic since the day it was created. It’s intentionally written for protecting intelligent properties, yet turns out causing a lot of pernicious side effects. In the editorial “In Defense of Piracy” of Lawrence Lessig, he criticized that the “copyrights wars” chokes creativity and criminalizes people who share stuff online. He provided an example which was about a mother posted her 13-month-old son dancing video with Prince’s music playing on the background on YouTube.…
Copyright Guide For any creative or intellectual work to be protected by copyright law, it has to be an idea that has been fixed and expressed in some type of medium. It is also imperative that the expression of this idea is original. Originality is most recognized through a modicum of creativity in the manner in which the idea has been expressed. In other words, once a work has been completed and then fixed in some medium through which it can be produced, such as the hard drive of a computer, paper or the cloud, and the work can be classified as original, it can then be copyrighted.…
Caring for Music Piracy Music is something that is shared and listened to all around the world. Today, there are a variety of different types music. One of the bad sides of music is music piracy. This crime is taken seriously by some, but others don’t have a care in the world about it.…
Introduction Is the internet today as we know the playground that has no rules? Are copyright infringers’ taking advantage of the internet and allowed to violate copyright laws without any repercussions? Many copyright owners that feel their works of authorship are being broadcasted through the world of the internet without their permissions. This copyright material is being displayed not only on US websites but foreign websites. How can these copyright infringers’ be held accountable?…
The Cons of Freedom of the Press The first amendment of the United States’ Constitution states that all people have the right to a free press. Within this right, all people have the right to upload and print out anything that they deem important so long as it remains within the boundaries of the Libel Law. The number one purpose of this right it to supply America and its citizens with information, however, in its number one purpose is where it falters. The Freedom of the Press hinders the truth rather than promoting it because it does not extend to all people, the bias within its text is commonly misinterpreted as the truth, and, despite libel laws, libel remains apparent in the press where it is not fought against by the government.…