Trademark infringement

Rebecca McKenney Information Ethics Doctor Yaw 27 April 2018 Is Remixing Fair Use? In today’s world, it can be difficult to create something original without borrowing from someone else’s ideas. One of the ways that people combine originality and previously published works is through mashups or remixing. Even though some of these works are protected under copyright, do we still have the right to use this pervious material to create something new? In order to determine the answer, we must…

Current Situation On 1998 the Digital Millennium copyright act was passed unanimously by congress to address the unique copyright problems imposed by the new and evolving internet of the time. Since then the law has grown in controversy with takedown notices growing significantly in rate since the implementation of the law in 1998. (Google Transparency Report, Takedown notices due to Copyright) With recording groups like the RIAA saying that the law is largely useless to combat music piracy…

The Fair Use Doctrine defines ways of how the public can use small portions of copyright material without the fear of consequences. Fair Use is a set of guidelines that informs people how to prevent copyright infringement and can defend a person at a copyright infringement trial. The five tests for analyzing Fair Use are Transformative Factor, nature of the copyright work, the amount and substantiality of the portion used, the effect of the use upon the potential market, and the moral judgement…

Piracy is a topic that is always being brought up and discussed, for one simple reason; people cannot make up their mind which is right. It has always speculated if people should be persecuted for downloading music in an illegitimate way. Honestly, it is impractical to make somebody pay tons for only a song. Initially, it is not moral to send someone to jail for downloading music or making them pay a ludicrous fine. Commonly, a song costs about 99 cents, which may just be a dollar, however,…

Interdependent means two or more things dependent on each other. The recording industry and the radio industry are a great example of being interdependent. The first recording to be sold was of the opera star Enrico Caruso. That started the recording business basically, records began to be sold all around and a competition grew. The competition was the type of records to be sold. The size of records, the hole in the middle, how many times and how fast it spun, and how many songs were on each…

particular case addressed all factors of the fair use doctrine. University City Studios had legitimate claims but, all claims were turned down on favor of Sony. At the beginning, the U.S. District Court determined that Betamax contributed to copyright infringement. A later Supreme Court analysis reversed the District Court decision. The court concluded that it was the users who infringed on copyright law. Here is an analysis of the events: Universal City Studios argued that they are the only…

When an unnamed brand used Max Dubler's photograph of two skateboarders on their Instagram account, the violated Mr. Dubler's copyright. If this went to court, I'm convinced Max Dubler would win for many reasons. The unnamed company does not meet the criteria for the protection under the 'safe harbor' provision in Section 512 of the Digital Millennium Copyright Act (DMCA). The company was fully aware they infringed upon his work. Not only was Dubler's name in the caption of the postings, they…

Since the birth of the computer, people have partaken in many activities based on the web. Some positive, some negative, and some down right illegal. The most common incident of illegal activity online is through what some would call modern day piracy. The more accepted term used is file sharing, and it is just that: sharing files over the web, typically illegally. File sharing has been a controversy who’s legality has been frivolously debated since Napster in 1999. (Oberholzer) File…

Plagiarism is a big topic in today’s higher-level education system, with the rules being set very clearly but it is still occurring at the collegiate level. According to Merriam-Webster Online Dictionary, to plagiarize means “stealing someone’s work and not give credit to the original author, or to present an existing product as a new and original product.” Another source, Plagiarism.org says plagiarism has to involve lying about the plagiarism in question. Most people would disagree with that…

reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by fines and federal imprisonment. (Intellectual Property Theft) There are a couple laws that have been passed against copyright infringement such as 17 U.S.C. § 506(a). 17 U.S.C. § 506(a) states that it is considered infringement if a person is copying “for purposes of commercial advantage or private financial…