Legal Issues in Copyright

Copyright an Overview on the Subsistence of Copyright


Sources of copyright LegislationsWe will begin by understanding where the source on copyright comes from and it is the Copyright Designs and Patents Act 1988 (CDPA). It is the CDPA that is the main regulation for both copyright and unregistered design rights.The Purpose of the CDPAThis really is to provide the owner of the copyright in a work the right to avert others from trying to copy their work.Classes of Work SafeguardedAn important point to make note of is that only these categories are protected by copyright:?? original literary works;?? original dramatic works;?? original musical works;?? original artistic works;?? films/sound recordings/broadcasts; and?? typographical arrangements of published editions.This is a closed list hence any works that cannot be found in any one of the categories will not be covered by copyright. As a consequence it is important to decide what (if any), category a given work falls within as the first task of addressing any subject on copy right.Criteria to Satisfy for Copyright ProtectionWhen faced with a new copyright matter it is critical take into consideration that the work you are involved in must satisfy certain criteria in order to enjoy copyright protection.The criterion varies according to the category:??Some but not all works have to be fixed??In most cases the works have to be original.??It must qualify for protection under UK legislation.Once it is established that a work is in line with the above mentined criterion, the next step is to exclude the chance of copyright expiration and then the final step along the way of establishing the subsistence of copyright, is to consider period of time.Subsistence: Works and the required Criteria for ProtectionWorkThe first step when addressing copyright is to identify the “work” because without understanding what the work is you cant really address the copyright. In practice, it is commonplace for a single work to incorporate several different works.Section.1(1) CDPA stipulates the works protected along with the sections following, case law and section 1(1). (up to s.8.) offers some assistance on works mentioned in section 1(1).The s. 3 definition includes computer software and databases. Examples of works which are held to be literary works are exam papers, application forms, calendars, catalogues and lists of football fixtures.Database is defined within section 3A: Note how wide the meaning is. It is the “selection or arrangement of the contents” of a database which counts as being a literary work, not its content, unless an item of content happens to qualify as a work in its own right. If the content does not comprise works, it may be protected by database right instead.Dramatic works: section 1(1a) and s.3:The definition for dramatic works found in s.3(1): is more of a clarification that dance and mime belong to this category rather than a proper definition of dramatic works. Nevertheless,using case law as a guide it can be seen that dramatic works are a “work of action, with or without words or music” which needs to be performed for its total realisation, therefere it is capable of being performed before an audience.To illustrate this point be aware that, the script for a play on its own can be explained as a literary work, however the production of that same play performed on stage will be a dramatic work.Musical works: s. 1 (1)(a)and s. 3An example of a musical work is the tune for a song (even so,note the lyrics are not inclusive, as these are a different literary work).Artistic works: s. 1(1)(a) and s. 4The scope of artistic work in section s. 4(1) is restricted to the following three categories:a) Section 4(1)(a): graphic works, photographs, sculptures and collagesNo matter the artistic deserve: graphic works, photographs, sculptures and collages all qualify as works. For instance diagrams, maps, charts and plans for example are graphic works,even if they have little or no artistic value and were not intended to be artistic as at when created.Photograph is defined by the CDPA to take into account new technologies as they develop.There is no definition for sculpture as such nevertheless there’s a useful guide defining sculptures as a 3D work made by an artists handThere is no definition for a collage however, as outlined by case law for a collage to exist it’s required that all the many elements be stuck collectively.b) Section 4(1)(b): works of architecture (such as models)Fixed structures, parts of fixed structures the models made for buildings just before they have been built are evident category.Even so architectural drawings are on their own protected as artistic works so a building created by an architect, such as the Beetham Tower Manchester has multiple safeguards.c) Section 4(1)(c): works of artistic craftsmanshipThis category contains items for example furniture, fine jewellery, ceramics and appliqued quilts.It has been held that such a work must:?? have some visual appeal (be artistic); and?? be made by a craftsperson (someone who exercises skill for making it and takes pleasure in his workmanship).Sound recordings, films and broadcasts: section 5A, 5B and 6These are occasionally referred to as secondary works as there will be at least one fundamental literary, dramatic or musical work. As an illustration ,a physical object will usually contain multiple works, e. g. a CD (sound recording) of a symphony (musical work).The typographical arrangement of published editions: s. 1(1)(c) and section 8This can be defined as the layout and typesetting of a book, newspaper, journal etc. which qualifies as a published edition of (a new edition of a book isn’t created by just basically reprinting that same book. It is imperative that you note that the typographical arrangement is a work in its own right, distinct from the underlying literary work.This point can be illustrated by comparing two different editions of the same classic novel close examination will high light many differences in details including the physical appearance of the writing on the page page size, margins, paragraph spacing, typeface, type size, placement of page numbers, headers etc.

Relevant Info on Copyright Protection


Copyright is the security provided to a form of original work against being reproduced unlawfully. This can be any kind of work ranging from writing, movies, paintings, photographs, musical recordings to live performances, sound broadcasts and computer software.Copyright law gives the owner an edge over the others by authorizing him to replicate the work, generate more works based on the original piece, hand out copies of work for sale or lease and display his work in public. A copyrighted piece can only be reproduced if the owner authorizes another party otherwise an infringement case can be filed against the accused work.The copyright only covers the overall form or the manner of expression of the idea displayed. It does not deal with the real idea, fact, concept or technique. For instance, when a movie is copyrighted, the final end product is saved from being reproduced by another party without permission but it cannot restrict others from making movies using the same or different techniques.What pieces can be copyrighted?Copyright law applies to any form of original work in a tangible form. These include stories on paper, songs on tape and computer programs on disks. Any piece of work that is copyrighted falls in one of the following categories: architectural work; dramatic works including accompanying music; literary works; motion pictures; musical works including accompanying words; pantomimes and choreographic works; pictorial, sculptural, graphic works; sound recordings.What Copyright law pertains to?Copyright does not pertain to all kinds of work. For this law to apply, certain conditions have to be considered. The work must be in a tangible form; a hard copy is necessary. If a tangible form does not exist, this Copyright law cannot apply. For instance a speech or performance that was never written or recorded, cannot be copyrighted.Ideas, concepts, procedures, discoveries, devices, methods, etc. are not legible for the application of copyright law.Similarly short phrases, titles, names, slogans, familiar designs or symbols, lettering, coloring, contents, ingredients, etc. cannot be work that is made up of common property and contains no original authorship such as tape measures, rules, calendars, lists, tables, height charts, weight charts, etc.Copyright law provides protection against unlawful and replication of original works but only in tangible forms. Though lots of working has already been done to improve this Copyright law, copyright law still faces quite a few challenges. Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time.

How to Become A Successful Court Stenographer Boston


According to the State of Law, the court reporter or stenographer is responsible for developing and providing the transcripts prepared for the official record. Apart from the stenographer job, these professionals will also help the paralegals, judges and attorneys in their daily tasks and arranging litigations for the day. No matter what kind of transcribing needs you have, choosing a Court Stenographer Boston will surely benefit you in many ways.You can definitely seek for the relevant information on how to become a court Stenographer if you are really serious for making your career in the same. Well, we are likely to suggest that court stenography will be the apt job for all kinds of people only the interested can take up this career easily. And, of course, free lance reporting firm and the local courthouse can provide the necessary information to as how one can become a court reporter or stenographer. It is vital to observe and understand the various tasks taken care by the court reporter. The court stenographer profession has a great demand these days. The only way to get the success in this profession is to spend your time and energy. I would say that the career of court stenographer is a very tough job as it can mentally and physically drain you therefore continuous pressure should be applied for learning.You are always recommended to go with the appropriate school of court reporting in order to have good training and education. And the main thing is that this court reporting programs are available across the country and numerous technical colleges are offering these programs as a two years Associate’s degree. You can approach the National Court Reporter Association to get the required information on any valuable programs. Of course, there are also a large number of online programs available to do this degree and at the same time you must also be aware that some programs offered online will only provide the steno classes and they are not accredited. Remember, accredited program has a medley of classes to teach well about the concerned topic. To graduate a speed of writing up to 225 words per minute is basically required. It is vital for the students to set up the daily schedule to practice the theory and be clear about it, if you are suggested by the instructor to take about 3 hours of practice per day outside the classrooms then it must be done. Because all this mentioned above will help you become more professional for carrying the responsibilities of this challenging job properly so being at ease won’t work. Vocabulary in English knowledge should be at its best since the transcription needs it the most. In addition to it, the court stenographer Boston also has ethical and legal responsibilities to perform since having this job means to representing themselves in the court room area.??

Website Copyrighting – Necessity or Formality?


As stated by the Copyright Law, when a piece of work is created, it automatically gets protection against infringement of copyright. It is still a good idea to acquire copyright registration to assert the owner’s authority. Also if need arises, such as in case of copyright infringement, there is no better proof than a registration. Keeping track of dates and names can be a further evidence to any such allegations.Like any other form of creation as literature, music, drama, painting or a design, creating a website also needs protection rights. When starting a website, place a copyright notice on the site to assert your ownership. As its creation and completion may take some time, especially when designed without professional graphic designers, copyright will discourage any alleged copies of the work in progress. Also records of any changes or revisions must be present with dates and official stamps so as to have a clear record of all your projects.”Poor man’s copy” is a technique authors use to keep records. They post a copy of all their work step by step to themselves so they have exact dates and content for reproduction at any time to prove authority. Detailed projects require time and many copies are made and destroyed before satisfaction, each of this draft must be saved for record with dates.The authenticity of the “poor man’s copy” has been doubted several times therefore, a better option is to register your works with the USPTO or another third party as a Solicitor, a Notary or an Escrow Service. The USPTO can be very expensive sometimes but it is the most authentic of all sources and services. The US copyright office brings to public record immediately any new copyrights issued. This ensures your ownership recognition on record.Any work in tangible form is copyrightable whether it be yours or anyone else’s. When you read from some other website or text or take inspiration, you should consult a copyright lawyer so you are not charged by anyone for infringement of copyright. no matter how much you change the text and style of a copied work, it can never become your creation. In such case, it is best to ask the owner concerned so you cannot be charged for plagiarism. Sometimes a work is copied unintentionally; this is where you must consult a copyright lawyer.As legal protection can be very expensive, there are other cheaper means of protection that you can apply to your website to avoid copyright violation. Security programs as ” ” can else immensely keep a track of your pictures, text or any other element illegally reproduced.As your website is your business and all the hard work, you deserve every bit of protection for it against plagiarism.

Why People Always Choose Arbitration Over Litigation In Saudi Arabia


Why People Always Choose Arbitration Over Litigation In Saudi Arabia?Most people prefer arbitration to litigation in Saudi Arabia. There are several reasons for this. Understanding these reasons will help you appreciate the many benefits of arbitration Saudi Arabia and the drawbacks of litigation Saudi Arabia so that you can make an informed decision. Note that arbitration involves dispute resolution outside the traditional/formal structure of court procedure and law. Under Saudi Arabia law, this is done before Dispute Resolutions Committees. On the other hand, litigation involves taking a case before a judge. In Saudi Arabia, this is done before such Saudi Courts as the General Courts (Shari’ah), the Board of Grievances and the Supreme Court.One of the greatest benefits of arbitration Saudi Arabia over litigation is efficacy. Cases that end up in front of an arbitration tribunal/committee in Saudi Arabia are usually resolved faster than those that are tried in court. Another element of efficacy is that the conflict is less likely to affect the relationship between the opposing parties if it is arbitrated, noting that litigation is more adversarial in nature.The members of the arbitration Saudi Arabia tribunal will be chosen by both parties, meaning there is less likelihood of one party complaining of unfairness. This is particularly important where the two warring factions are non-Saudis and Saudis.Arbitration Saudi Arabia provides unparalleled flexibility since they are less formalized. Arbitrators in Saudi Arabia take an interventionist approach and even go out of their way to find the truth. In litigations, lawyers try to prevent the truth from coming out if it is to their client’s disservice.The fact that both sides can select venue, language and seat of the arbitration is a great advantage since it means parties can pick venues and languages that they feel are most neutral and convenient to them.Arbitration offers uniformity of law. Saudi Arabia arbitrators, like arbitrators in most parts of the world, follow the 1985 UNCITRAL Model Law on International Commercial Arbitration and the 1976 UCITRAL Arbitration Rules. This adds to the feeling of fairness, especially where foreigners are involved.Saudi Arabia arbitrators follow the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Under this convention, the awards are easier to enforce than in court judgements. Litigation Saudi Arabia translates to heavy legal costs which are sometimes unsustainable. Arbitrators have expertise and qualification to hear cases in specific fields, sometimes even more than judges. Arbitration is also advantageous in that it offers unparalleled privacy and confidentiality.

Entertainment Industry And Intellectual Property Protection in India


Entertainment is one of the most happening Industries in India. Though the industry and services offered is not perceived the same way; as services offered by a business entity or organizations in a stream of business; the size of the industry has significant impact in terms of the mass reach, jobs created, economy and technology absorption.Getting to the details of forms of Entertainment and shows; the most common mediums are:Each of the above programs or shows is a result of the Script or Story writers, directors, Music Composers, Artists Choreographers & Technicians and Organizers. The kind of work that goes into creation of such a work will be in terms of the Story, Creativity, Music, Dialogue, Art works and technologies. The works are a result of Intellectual learning and applications. Hence there is a need to protect the Intellectual Property to retain the rights over the work; since copying of the work is very easy in case of cinematic works & publications.The forms of protecting such Intellectual Property can be by means of Copyright protection for the works and Legal Agreements between the parties in interaction & transaction. The model and mechanism of the Entertainment shows and mediums itself necessitates strong legal agreements; since the realization of the revenue in most cases is only after the completion of the work.The body for Copyright protection is the Copyright Office under the HRD Ministry. The Copyright works are governed by The Copyright Act, 1957 and This Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994 and 1999, with the amendment of 1994 being the most substantial. (Source: Copyright office website).In India steps towards Copyright protection has significantly improved and campaigns against piracy have appreciated the industry to take legal measures and avoid piracy. With the industry size anticipated to grow from the present INR 652 Billion in 2010 to INR 1275 billion by 2015 (Source: FICCI Press Release); steps will be taken to strengthen the IP protection and reduce reproduction of the works. Since India is a land of multiple languages, we could see copyright law adoption across languages to protect the entertainment related works.Copyright – Brain League IP Services 2011; All Rights Reserved.

Have You Patented Your Idea?


Do you have a unique idea? And have you shared it with someone? Have you patented? If not, do it today.What is a Patent?If you have invented something or made a new discovery, you should be able to enjoy the valuable monetary rights which you can enforce for your own advantage either by using it yourself or by conveying the privileges to others. It is a form of intellectual property which has commercial value. Patent is a grant by the Government to the inventor for a limited period of time giving the exclusive right to him to make use, exercise and vend its invention. A United States patent gives inventors the right “to exclude others from making, using, offering for sale, or selling their invention throughout the United States or importing their invention into the United States” for a limited period of time.How do you know whether you need a Patent or not? The question will arise only if you have invented or discovered any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof. You may obtain a patent for it, subject to the conditions and requirements of the law of the particular country by which such Patent is to be obtained. The invention must fall in any of the three categories. First is Utility Patents which includes Process, machine, Article of manufacture, composition of matter or an improvement of any of above items. Most of the patents are for incremental improvements in known technology; the innovation is evolution rather than revolution. Next comes Plant patent, which provide patent protection for asexually reproduced any distinct and new variety of plant. The third category is design patent for the new ornamental design of an article of manufacture. For example all the Star Wars characters were protected by design patents.The test of patentability is three, namely, it must be new, it must be non-obvious and it must be useful. Some inventions cannot be patented in spite of fulfilling all of the three criteria because they are either injurious to public health or violate public morality or public interest or if the law in the particular country has declared the inventions non-patentable in that particular field to which the patent belongs. Also a process of treatment of human beings, animals or plants cannot be patented. In simple language a patentable invention must never have been made public in any way, anywhere in the world a year before the date on which an application for a patent is filed. In other countries, you have no one year grace period and require absolute novelty. It is not new if it is identical or too similar to invention known or used by others or patented or described in a printed publication in any part of the world or the invention was patented or described or was in public use in any part of the world for more than one year prior to your application.Your invention must be sufficiently different from what has been used or described before that it may be said to be non-obvious to a person having ordinary skill in the area of technology related to your invention. The usability angle tells that the invention must be a practical form of an apparatus or device which is operative and performs the indented purpose. It should be noted that laws of nature, physical phenomena and abstract ideas are not patentable no matter how useful they are.The rest is procedural.Once you know your idea qualifies then what you need to do is to get a Patent for it. The patenting process is tedious and time taking which is not possible for a layman to understand. These are handled by Registered Patent Attorneys or Agents and Law Offices dealing Intellectual Property Rights. Before your invention can go for registration you need to do a search for all previous public disclosures that concern your invention. These are called ‘Prior Art’. It includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines whether your idea or invention is patentable or not. Again this work is a learned skill and is performed by Registered Patent Attorneys or Agents and Law Offices dealing in Intellectual Property Rights. As search is not impossible you could try your hand in Patent and Trademark Depository Library (PTDL) in your area. A thorough examination of USPTO records is required which has to cover all U.S. and foreign patents as well as non-patent literature.After filing of the application for patent, the examiner checks whether your claim to invention must be granted a patent or not. You have to furnish many specification and description regarding the invention. You are advised to pass them to your attorney who will guide you about writing and claims and other formalities which will save time and money and make the chances of getting a patent brighter.

Song Copyright How Songs And Music Are Guarded by Copyright


These influential on-air talents are also productive contacts to cultivate in your pursuit of airplay.On the web Radio StationsTerrestrial and satellite radio are not the only strategies persons uncover new songs. Internet radio stations and podcasts are typically consumed on line or on smartphones. Given that the quantity of on-line outfits is so excellent, there are less bands competing for the attention of any personal station. That tends to make it comparatively quick to get played on this variety of station.As a lot more buyers begin listening to audio by taking part in downloads of MP3 songs that they uncover on the internet, radio stations become less and much less essential. Also, you would have to use on your own or your associates as witnesses and like witnesses are not regarded as reliable in court due to the fact they have an fascination in the situation!five. Protecting Your Songs Is Quick:So generally use an independent registration services – both a respected personal firm, this kind of as , or the copyright workplace – to sign-up your songs.And 1 more bit of data… If you actually need to have to truly sue anyone for copyright infringement, and you wrote the song in the U.S., you will need to also file your tune with the copyright workplace just before essentially filing the lawsuit. But that can be completed whenever all through the “life” of your copyright (which is the composer’s life span additionally 70 a long time), and even after a person has tried stealing your song or registering their individual copyright for it!So if you would like to steer clear of all the kinds and expense of at first registering all your songs with the copyright business office, you can very first sign-up them with a personal registration support.Then, if any individual ever tries to steal any of your privately registered songs, you have the evidence needed to indicate you had copyright defense before they did! Usually, just exhibiting the thief this proof (of your non-public registration) is enough to end them. But even if that doesn’t get the job done, you can always file just that a single particular song (the 1 stolen) with the copyright office in advance of submitting your lawsuit, and then use the non-public registration proof in court.That way, you help you save obtaining to sign-up all your content with the copyright office. You can use a much less pricey and speedier non-public registration support initially, and then wait and see if you actually want to take further more motion later.Just generally recall to register your songs as shortly soon after you compose them as attainable, both with a reliable non-public registration service or the copyright workplace!Improved secure than sorry!(And btw, it is really not “copywrite” or “copy write” – it really is copyright…)And to study other content about stolen songs and the myth of the very poor man’s copyright, click on “Article Source” at the conclusion of this write-up.Disclaimer: The previously mentioned information is intended as common data only, not as legal tips or solicitation for legal services, and should not be relied on as this kind of. Make sure you seek the advice of with a community attorney in your region for unique legal questions on audio copyright legislation.

Need of Copyrighting For Bloggers


Bloggers generally want their message to spread across the internet. If you are a blogger and write good content, you must have copied your work and other people across the internet must be copying it too. As long as the copied work is used for the popularity of your work and the content advertises your true message, it is in your interest. But if the blog is used with some other name and your purpose is violated, this will be an infringement of your copyright.Most bloggers do not consider copyrighting their blogs as they want to invite people to copy their work and make the message known far and wide. But copyright does not only stop such reproduction, it also asserts the creators authority over his work. You may not object to your project being copied but if the essence of a good message is violated, you will have problems. Say if you use your message for a social cause, and the reproducer used it to his own benefit, the true spirit of your message is destroyed. If you have copyrighted your work, you will have the authority to challenge this act.Once you register your work with the United States Copyright Office, you can put a copyright symbol on each of your blogs to discourage plagiarism. This act will certainly discourage 50% to 75% people involved in violating an author’s moral rights but the other hardcore thieves cannot be stopped. There are some people belonging to the new generation who do not believe in copyright facts and they think any information available is everyone’s right. Such people never give credit to the author and believe it is their right to use the content in any form that they wish. For such cases, the assertion of a legal authority is a necessity. This is where a registered copyright comes to the rescue.Copying content off a blog and spreading out the message in its true essence with credits to the author is perfect but when the author’s name is eliminated, that is not right. Even if the blog is not registered, the author of any tangible work has moral rights and the copyrights exist whether registered or not. Certain people who wish to help you spread your message, copy your blog and leave a link on your website. You can contact them later and show our gratitude. The others who want to violate your purpose will never use your name with your message nor will they respond to your emails that you send them.Though no rules now with the increasing technology can stop copyright infringement, but it is still better to stay on the safe side by registering your copyright and acquiring trademarks for your logos and business names. Even if you are a blogger, at some point you may feel you need to apply your authority to snub the others.

Copyrighting Your Music


Any original idea that changes into a tangible form becomes copyrightable. Its author then has the right and authority to own his creation. This goes for any work in the field of art, literature, design or research and also music. Any music composed should be written down every minute from the creation of its first note to the point where lyrics are completed and the song is sung. Though all this music is to entertain people, it should still be kept safe from infringers.Many music composers are reluctant to share their work because they fear their song might be unlawfully copied. But if a song is registered it gets protected against plagiarism. As soon as a work is put down in a tangible form on paper, disk or computer file, it is copyrighted but registering it is a whole new process.The United States Copyright Office states “Copyright is a form of protection provided by the laws of the United States to the authors of ‘original works of authorship’….. It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of the copyright.” the US Copyright office has all these rights on its site and explains in three steps how to secure the copyright of a sound recording. The whole process takes six months and a registration fee of $45.The US Copyright Office method takes a good amount of money and time but another cheaper, easier and quicker way is the “poor man’s copyright”. The owner mails himself a copy of his work and leaves the envelope unopened. This work is opened only when the owner has to prove his authority in the court against an alleged work or an infringement. But this method is doubted by the legal authorities because deception is very easy in this method. The owner can even mail himself an unsealed envelope hence change as much content as he wants to. Therefore this method of copyright is not as reliable as the US Copyright Office method.A new form of “poor man’s copyright” is posting your song recording or lyrics to websites as . But these websites came up with no information on their back up therefore, they are not as reliable either.Don Pass man, a music business attorney and author says, “You don’t need to register the copyright in Washington, but it is a nice piece of evidence. If someone claims he wrote the song on such-and-such date, and you can prove you wrote it before that; then it helps.”