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    Monkey Selfies Case Study

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    could not, "due to inaccessibility and incapacity," and that the court had jurisdiction because of the book sales made in the United States.” (Wallis 1) In giving some perspective on the animal rights group, “PETA has on occasion pursued lawsuits that were widely viewed by other legal experts as offering little chance of success.” (Crary 1) The case draws parallels to the 2011 lawsuit PETA filed accusing SeaWorld of violating the 13th Amendment of the U.S Constitution. The lawsuit claimed that five killer whales were being held in conditions that violated the Constitution’s ban on slavery. The case was dismissed based on the idea that the 13th Amendment only applied to humans, but has brought about changes in animal living conditions and public perception on animal cruelty. The suit is believed to deal with a “cutting-edge question,” but also “is an uphill battle,” said David Favre, a Michigan State law professor who writes on animals writes. (Crary 1) in agreement with Favre, “Laurence Tribe, a Harvard Law School professor who supports animal rights, expressed misgivings about the litigation saying, “It trivializes the terrible problems of needless animal slaughter and avoidable animal exploitation worldwide for lawyers to focus so much energy and ingenuity on whether monkeys own the copyright in selfies taken under these contrived circumstances.”’ (Crary 1) The United States Copyright Office issued a statement of its policies last year stating that it would register…

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    This right is limited by the first sale doctrine under §109 (Jamar, 2013; Kankanala,2012; Goldman, 2014; Grimmelmann,2014). Public Display This right applies to graphical, sculptural, and pictorial works, including photos and most painting s that are, generally, produced in singular or limited editions. Both the creature of the work and the physical owner have rights, in this instance §109 ; the creature of the work has a right to determine how they want the work displayed publicly. For example,…

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    The efficacy provision in the Patents Act of 2005 for India was necessary because it prevented other medications that were a new form of an existing drug from being patented. Any company trying to introduce a new medication was required to show proof that the medication had more effectiveness than an existing drug. In regards to the patent provisions in India, the provisions were put in place for many different reasons. In 1970, India Parliament adopted a new Patent Law that prohibited foods…

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    Designer's Code Of Ethics

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    While many design fields aren’t as regulated as other fields like print and cinema, every designer should still develop their own CODE OF ETHICS to abide by when working with clients. According to the design institute of Australia, ethics is a rational study of the moral dilemmas in human action. A moral code can be either implicit or explicit and can be very subjective; there isn’t always a right or wrong solution. As a result, it is important for you to consider your own stance as a designer…

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    Although, this does not include the issue of the original creator receiving their recognition for their respective idea. The idea of specific resources being free to the public to use can be well read in the book, The Future of Ideas: The Fate of the Commons in a Connected World by Lawrence Lessig. In this book, Lessig brings an alternative point of view about intellectual property rights. Lessig states that, “resources and others gain value by being kept free rather than controlled. A mature…

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    reuse the ideas” (Goldman,2012) Trademarks often integrate the concept of “investing money to establish symbols for their products”(Cooter, Ulen, 140). Trademarks help to solve the problem of consumer ignorance about the quality of the product. When quality is opaque, the consumer can use the brand as a signal of quality. Furthermore, brands reduce the cost to consumers of searching for a product with particular qualities. The principal economic justifications for granting property…

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    According to the dictionary, copyright refers to the exclusive rights that protect the works of authors, artists, and composers from being reproduced, performed, or distributed by others without permission. The artist or the owner of the copyright has the right to reproduce their protected work as well as to replicate copies and sell them, exhibit their work to the public, etc. Copyright’s main focus is to protect how the author has expressed his or her concept or idea; it does not protect the…

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    Fair Use Research Paper

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    The underlying rationale of this rule is that the public reaps benefits from your review, which is enhanced by including some of the copyrighted material. Additional examples of commentary or criticism are provided in the examples of fair use cases. Parody A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a…

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    Barbro Essay

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    Thus the issue of reproduction should not be brought up as permission had already been granted. Is offering for sale a communication to the public The notion of ‘communication to the public’ comprises a wide range of activities aimed at rendering a work available to larger audiences. Each time a performance, broadcast or another transmission is being made available subsequently to an audience in a public space, that is, outside the family circle, a new act of communication to the public takes…

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    Counterfeiting And Piracy

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    Counterfeits are defined as the reproductions or copies of a trademarked brand, which are usually very similar or identical to genuine products. This includes packaging, labelling and trademarks, to intentionally show the counterfeit product as the original product. The authors, Lai and Zaichkowsky (1999) stated that counterfeiting and piracy are the same since they are both are the reproduction of identical copies of authentic products by a trademark brand. These two terms have been used as…

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