In the lawsuit filed on August 30, 2012 in which Bollfrass sued Warner Music for $3.5 million, he argued that Muse's song "Exogensis: Symphony," from The Resistance (2009), "was substantially similar to his screenplay, 'Panspermia/ExoGenesis," because the two works shard similar themes and narrative plots (McAfee, 2013)
There are lessons to be learned from Roadshow Film Pty Ltd. v iiNet Limited (AFACT v iiNet) (Moore, 2012)
Moreover, the cost of opposing such a claim includes the effect of a denial to eliminate the content and succeeding loss in a lawsuit. This means that a number of webmasters are able to cede to the unintelligent requests of the copyright owners (Stegmaier, 2005)
The DCMA protects service providers from monetary liability rooted in supposedly infringing practices of third parties. Therefore, an individual can receive these protections of the DMCA through complying with the terms laid in section 512 (Wilbur, 2000)
Piracy refers to illegal file sharing, downloading and counterfeiting using the internet. On the other hand, music piracy refers to copying, obtaining and distributing music illegally (Condry, 2004)
These hard goods pirates sell the illegally duplicated DVDs and CDs in music stores and through the internet, at auctions and websites. They take advantage of counterfeiting because packaging, composition and description of the product replicate that of the legally sold original product (Easley, Michael & Devaraj, 2003)
This leads to loss of valuable documents and results in a financial burden to the owner of the computer, of purchasing a new computer. Therefore, illegal music downloading costs the consumer more than the legal purchasing costs (LaRose & Kim, 2007)
However, with increasing economic hard times, many consumers are resorting to acquiring this music illegally, without paying for it. Acquiring of someone's creations illegally is a crime, which is punishable by law (Wallace, 2012)
While the structure and operation of the venture is still strong, the organization faces considerable challenges posed by the unique nature of its services and (especially) by the current economic recession that has affected all non-essential consumer products and services. Validating the Organizational Vision, Mission, and Values Statements Validating the Kudler Fine Foods vision, mission, and values statements is largely a matter of determining whether the organization's statements in that regard satisfy the four essential criteria (George & Jones, 2008; Locker, 2006; Robbins & Judge, 2009): namely, they must describe the principal purpose and function of the business ("what?"), the reason for its existence ("why?") target audience ("who"), the manner through which it hopes to achieve its mission ("how?"), and it must define its stakeholders ("who?")
In 2005, a United States Congressional subcommittee met to discuss the revision of the Digital Media Consumers' Rights Act to allow consumers to exercise their fair use rights by allowing them to make copies of protected works for personal use. Opponents of this revision included those that believed that any failure to tighten up copyright laws would lead to large scale piracy (Bangeman, 2005)
The copying must be for (a) only one course in the school where copies are made, (b) not more than one short poem, article, story, essay or two parts from longer works copied from the same author; nor more than three from the same anthology or collection or periodical volume during the one class term (Newsome, 1997). The teacher must credit the copyright owner on all copies that are distributed or used, and students may not be charged more than the actual cost of making the copies (Fishman, 1997)
Technology as further complicated the problem by easing the manufacture of digital processes involving music and film, as well as the widespread availability of material on the Internet. Federal copyright can be viewed as a bargain between the creator of the writing or invention and the people, as represented by the federal government (Hollaar, 2002)
Fair Use Focusing on Educational Uses The fair use exception as it applies to educational cases has raised significant issues for teachers and public relations practitioners. Emerging technologies bring new challenges for today's teachers; the Internet and availability of computers and digitizing equipment provide ready access to great reservoirs of information and knowledge (Newsome, 1997)
During the 2003 case of Victor's Little Secret vs. Victoria's Secret, Victoria's Secret was forced to prove that the trademark had been diluted causing a monetary loss (Moseley, dba Victor's Little Secret v
Samantha Lundberg, formerly Samantha Bucks can also attest to the fact that a personal name does not guarantee trademark ownership. Sued by Starbucks for trademark infringement for naming her coffee shop Sambucks, the judge ruled that she must eliminate the word Buck's from her business name (Stossel & Goldberg, 2005)
Analysis/Conclusion Technically, according to the law, 'Happy Birthday' cannot be sung unless the venue is confined to a social setting of family acquaintances. However, the law is rarely enforced, even when 'Happy Birthday' is used in a commercial venue such as at restaurants when customers are publically assaulted with being sung the tune (Happy Birthday, we'll sue, 2007, Snopes)
S. (Embargoed Goods, Prohibited Countries) In some ways eBay certainly holds itself liable for the proper conduct of all its members and provides security and safety to those who use its services
He believes that the only way to make illegal downloading obsolete is "by making something so great they have to own it." (Barnes, 2004) Another artist, Steve Erle, expresses a similar view by stating, "If I make records that are indispensable to my audience, they'll go out and spend money to buy them, even if they've already downloaded them
Some ethical theories that may guide us in determining whether people are justified in exchanging music files over the Internet include John Locke's theory about the "fruits of labor," the Utilitarian theory of "happiness for the greatest numbers," and the Deontological theory about one's "duties and responsibilities to federal and universal laws." (Benech et al
And more than 800 Internet users have settled their cases by paying roughly $3,000 each in fines and promising to delete their illegal song collections. (Bridis, 2004) Such individuals, who have little chance of defending themselves when confronted with the recording companies' high-powered lawyers, have invariably had to plead guilty and pay the fines