Fair

I. Newsflash’s use of Schwarzenegger’s image and likeness will be protected under the fair use provision in California’s Right of Publicity because it does pass the transformative test for works of comment and criticism, but not under works of artistic expression. The main legislation pertinent to this case is the California Civil Code § 3344 (a) and (d), which states: (a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products,…

In October of 2011 Texas Representative Lamar Smith introduced the Stop Online Piracy Act to the United States House of Representatives. The bill boasts heightened copyright laws that claim to protect free speech and creativity while it actually accomplishes the opposite. Online service providers, or OSPs, are the target of SOPA legislation. SOPA places liability for copyright law infringing content on innocent corporations that merely provide a platform for users to share content. Most…

Nevertheless various number of issues among copyright owners and users have been brought up and the use of DRM has come into question. Advocates feel the need that it is necessary, while the opponents think that it applies on technological innovation and fair use. Copyrighted material are protected by the legislations and the case laws available in the Indian Laws, but it seems that infringement can never be stopped. As the Copyright Amendment Act, 2012 restricts the removal of DRM from all…

many things about taxation in our current economy, which appears to me to be a huge problem. My five bulleted items list the most important things I learned in this class in regards to taxation. This class taught me that I am strongly in favor of the Fair Tax. One of the most surprising this I learned in this class was that only people, not corporations or anything else, pays taxes. I first learned about this on the section regarding corporate income taxes. The name makes it sound like the…

Orbison’s song “Oh, Pretty Woman.” The district court granted that 2 Live Crew’s song was a parody and therefore under fair use with the original song. The Court of Appeals reversed, stating that the commercial nature of the parody made it unfair. The case was argued in 1993 and in 1994 the U.S. Supreme Court unanimously decided in favor of Campbell, stating that not all of the elements of fair use were weighed. They found that the Court of Appeals had erred in “applying the presumption of that…

In 2005 when YouTube first launched, people would likely be shocked to hear that there was a lawsuit between two creators over the content that they were producing–it seemed entirely unheard of at the time, but last year, a lawsuit was filed between two YouTube creators, MattHossZone and h3h3productions. This is the first big lawsuit filed between two creators in YouTube history. H3h3productions, a YouTube channel created and run by husband-and-wife duo Ethan and Hila Klein, showcases the…

Copyright laws have grown to become a very prominent issue in this country. As the number of developers, artists, and other cretaors increases, the more subjects we have available to compare to other objects, the higher chances there are that two of said objects will be considered similar enough that one of the, or even perhaps both parties involved will feel cheated by the other, giving context on the increasing amount of copyright laws and trials. The cases of Sony 's Betamax and Grokster 's…

In the case of Monge v Maya Magazine, Inc. the plaintiffs are Latin American celebrities Noelia Lorenzo Monge and Jorge Reynoso, with Maya Magazine, Inc., as the defendant. Monge, a pop singer and model, had gone to great lengths in order to keep her marriage to Reynoso a secret from the public with the objective of preserving her public image as a ‘young, single, pop singer,’ as mentioned in the Monge v Maya Magazine Inc. Appellate case documents. Oscar Viqueira, a paparazzo and occasional…

In scene 5 of Macbeth, Lady Macbeth alludes to the established motif that “fair is foul and foul is fair.” (1.1.12) when she says, “Look like th' innocent flower, but be the serpent under ’t.”(1.5.56-57) and, “to alter favor ever is to fear.” (1.5.64). With both of these sentences Lady Macbeth is telling her husband to conceal his foul intentions with the look of innocents. Shakespeare chose to have her repeat this motif to connect her to the witches, which consequently, ties her to evil and…

to almost everyone, including the artists and composers, and/or the creator of this image or intellectual property, as well as the one who wants to download this composition, no matter the reason. There are exceptions, such as teaching purposes, ‘fair use’, 'public domain ', as well as for librarians. Ethics and legal concerns need to be considered prior to clicking the ‘download’ prompt. Although visual media is at our fingertips, photographs, and other intellectual property, though…