Guide to Copyright and Permissions
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8. Putting Artists and Guardians of Indigenous Works First
8 Putting Artists and Guardians of Indigenous Works First: Towards a Restricted Scope of Freedom of Panorama in the Asian Pacific Region Jonathan Barrett1 1 Introduction ‘Freedom of panorama’2 permits use of certain copyright-protected works on public display; for example, anyone may publish and sell postcards of a public sculpture.3 The British heritage version of freedom of panorama, which is followed by many jurisdictions in the Asian Pacific region,4 applies 1 Copyright © 2018 Jonathan Barrett. Senior Lecturer, School of Accounting and Commercial Law, Victoria University of Wellington. 2 The term ‘freedom of panorama’ recently came into common usage in English. It appears to be derived from the Swiss German ‘Panoramafreiheit’, which itself has only been used since the 1990s, despite the exemption existing in German law for 170 years. See Mélanie Dulong de Rosnay and Pierre-Carl Langlais ‘Public artworks and the freedom of panorama controversy: a case of Wikimedia influence’ (2017) 6(1) Internet Policy Review. 3 Incidental copying of copyright works is not considered to be a feature of freedom of panorama. See Copyright Act 1994 (NZ), s 41. 4 Asian Pacific countries are those west of the International Date Line (IDL), as defined for the purposes of the Asian Pacific Copyright Association (APCA) in Brian Fitzgerald and Benedict Atkinson (eds) Copyright Future Copyright Freedom: Marking the 40 Year Anniversary of the Commencement of Australia’s Copyright Act 1968 (Sydney University Press, Sydney, 2011) at 236. 229 MAkING COPyRIGHT WORk FOR THE ASIAN PACIFIC? to buildings, sculptures and works of artistic craftsmanship on permanent display in a public place or premises open to the public.5 These objects may be copied in two dimensions, such as photographs. -
The Transformation of Pushkin's Eugene Onegin Into Tchaikovsky's Opera
THE TRANSFORMATION OF PUSHKIN'S EUGENE ONEGIN INTO TCHAIKOVSKY'S OPERA Molly C. Doran A Thesis Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of MASTER OF MUSIC August 2012 Committee: Eftychia Papanikolaou, Advisor Megan Rancier © 2012 Molly Doran All Rights Reserved iii ABSTRACT Eftychia Papanikolaou, Advisor Since receiving its first performance in 1879, Pyotr Il’yich Tchaikovsky’s fifth opera, Eugene Onegin (1877-1878), has garnered much attention from both music scholars and prominent figures in Russian literature. Despite its largely enthusiastic reception in musical circles, it almost immediately became the target of negative criticism by Russian authors who viewed the opera as a trivial and overly romanticized embarrassment to Pushkin’s novel. Criticism of the opera often revolves around the fact that the novel’s most significant feature—its self-conscious narrator—does not exist in the opera, thus completely changing one of the story’s defining attributes. Scholarship in defense of the opera began to appear in abundance during the 1990s with the work of Alexander Poznansky, Caryl Emerson, Byron Nelson, and Richard Taruskin. These authors have all sought to demonstrate that the opera stands as more than a work of overly personalized emotionalism. In my thesis I review the relationship between the novel and the opera in greater depth by explaining what distinguishes the two works from each other, but also by looking further into the argument that Tchaikovsky’s music represents the novel well by cleverly incorporating ironic elements as a means of capturing the literary narrator’s sardonic voice. -
MINERVA SURGICAL, INC. V. HOLOGIC, INC., ET AL
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus MINERVA SURGICAL, INC. v. HOLOGIC, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 20–440. Argued April 21, 2021—Decided June 29, 2021 In the late 1990s, Csaba Truckai invented a device to treat abnormal uterine bleeding. The device, known as the NovaSure System, uses a moisture-permeable applicator head to destroy targeted cells in the uterine lining. Truckai filed a patent application and later assigned the application, along with any future continuation applications, to his company, Novacept, Inc. The PTO issued a patent for the device. No- vacept, along with its portfolio of patents and patent applications, was eventually acquired by respondent Hologic, Inc. In 2008, Truckai founded petitioner Minerva Surgical, Inc. There, he developed a sup- posedly improved device to treat abnormal uterine bleeding. Called the Minerva Endometrial Ablation System, the new device uses a moisture-impermeable applicator head to remove cells in the uterine lining. The PTO issued a patent, and the FDA approved the device for commercial sale. Meanwhile, Hologic filed a continuation application with the PTO, seeking to add claims to its patent for the NovaSure System. -
1 Copyright Fair Dealing Guidelines
Copyright Fair Dealing Guidelines ______________________________________________________________________ Introduction: University of Toronto faculty, staff and students are creators of material that is subject to the protections of the Copyright Act. They are also the users of such material. Accordingly, all have both rights and obligations that arise from copyright law as it has been interpreted and applied by the courts. As specified in the Act, “copyright” in relation to a particular work means the sole right to produce or reproduce the work or any substantial part of it, to perform the work or any substantial part of it in public, and if the work is unpublished, to publish the work or any substantial part of it. Copyright extends to other activities such as adaptation, translation, and telecommunication to the public of a work. The definition in the Act also contains several other details that will not be explored here. In general, if a work meets the definition of a copyright-protected work, copying the work or any substantial portion of it, or engaging in any of the other protected activities, will require permission of the copyright owner unless one of the exceptions in the Act applies. The statutory concept of “fair dealing” is an important exception, particularly in the educational context of a university, and these Guidelines will explain that concept and indicate the kinds and levels of copying that it typically includes. The Act also contains other specific educational exceptions that may apply to your activities. These will be covered in an update to of the University’s Copyright FAQs document, which will be published shortly. -
Comparative Advertising and Parodies
COMPARATIVE ADVERTISING AND PARODIES: Treatment Through a Fair Use Approach Under Trademark and Copyright Law in Selected Jurisdictions A Report by the Fair Use Subcommittee of the INTA Copyright Committee Ivon Hernandez (Arias, Guatemala), Chair Florencia Rosati (Beccar Varela, Argentina) Juan Lapenne (Fox & Lapenne, Uruguay) Nadav Applebaum (Glazberg, Applebaum, & Co., Israel) Rosita Li (Mayer Brown, Hong Kong SAR, China) April 2020 PREFACE INTA’s Copyright Committee, Fair Use Subcommittee, prepared the chart below reflecting how comparative advertising and parody may be considered to affect trademarks and copyrighted works in different jurisdictions, further resulting in whether or not they are considered an intellectual property infringement. The investigated jurisdictions were: Argentina Estonia Israel New Zealand Australia European Union Italy Singapore Belgium France Latvia United States of America Canada Guatemala Lithuania Uruguay China Hong Kong SAR, China Netherlands For purposes of this study, comparative advertising may be defined as a marketing technique that compares one’s own goods or services, or certain features of such goods or services, with those of an identified or identifiable competitor. Countries may go from being strong supporters of comparative advertising to accepting comparative advertising subject to certain rules. Likewise, parody may be defined as a work that humorously, ironically, or sarcastically imitates another work. Parodies may be found in paintings and in literature. They may also be found in films and in music. Ultimately, parodies can be found in different art or cultural expressions, and are very common in politics. In some jurisdictions, for example in the United States, parody constitutes “fair use,” and hence is a defense to copyright and trademark infringement. -
I. Introduction II. Parody, Copyright Infringement and Fair
NOT SO FUNNY NOW IS IT ? THE SERIOUS ISSUE OF PARODY IN INTELLECTUAL PROPERTY LAW Rahul Saha ∗ Sryon Mukherjee I. Introduction On December 2, 1987 the Supreme Court of the United States of America (U.S.) was faced with an unusual case 1: The publisher of a pornographic magazine called Hustler was being sued for libel and infliction of emotional distress by a well known minister and political commentator, Jerry Falwell, for publishing a parodic advertisement depicting the plaintiff, among other things, as having engaged in sexual intercourse with his mother in the outhouse. On November 9, 1993 the same Court was faced with an equally strange case 2: The rap band, 2 Live Crew , was being sued, for copyright infringement, on releasing a parodic version of Roy Orbison’s hit song Oh Pretty Woman with changed lyrics such as “ Big hairy woman you need to shave that stuff…Bald headed woman girl your hair won’t grow…Two timin’ woman girl you know you ain’t right. ” In both of the above cases, the Court ruled in favour of the defendant. Parody, in a literal sense, refers to a work, which humorously and critically comments on an existing work in order to expose the flaws of the original work. 3 In order to create a successful parody, the parodist necessarily requires his audience to recognize the original work as well as the manner in which it has been ridiculed. 4 Thus, a parody, by its very nature, is dependant upon, and borrows from, the original work. It is this nature of parody that brings it into potential conflict with three areas of intellectual property law. -
Misappropriation of Shuar Traditional Knowledge (TK) and Trade Secrets: a Case Study on Biopiracy in the Amazon Winston P
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 2010 Misappropriation of Shuar Traditional Knowledge (TK) and Trade Secrets: A Case Study on Biopiracy in the Amazon Winston P. Nagan University of Florida Levin College of Law, [email protected] Eduardo J. Mordujovich Judit K. Otvos Jason Taylor Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the International Law Commons Recommended Citation Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, & Jason Taylor, Misappropriation of Shuar Traditional Knowledge (TK) and Trade Secrets: A Case Study on Biopiracy in the Amazon, 15 J. Tech. L. & Pol'y 9 (2010), available at http://scholarship.law.ufl.edu/ facultypub/458 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. ARTICLES MISAPPROPRIATION OF SHUAR TRADITIONAL KNOWLEDGE (TK) AND TRADE SECRETS: A CASE STUDY ON BIOPIRACY IN THE AMAZON Winston P. Nagan* with EduardoJ. Mordujovich, JuditK. Otvos, & Jason Taylor* I. INTRODUCTION ......................................... 10 II. BIOPROSPECTING TURNED BIoPIRAcY IN THE SHUAR NATION ..... 15 A. The Lure of the Shuar Heritage ............... ..... 15 B. Bioprospectingfor the Ostensible Preservationof Biodiversity ......... ............. 21 C. How the Model of Bioprospecting Works ... .............. 23 D. Misappropriationof Shuar TK: A Case Summary of Biopiracy.......... ................. 26 VII. Is TK PROPERTY? . 27 A. Propertyin Indigenous Communities ........... ..... 27 B. Propertyand Legal Theory. .................. ..... 29 C. TK as Property. ...................... ......... 31 VIII. -
The Trans-Pacific Partnership
OCTOBER 2016 JOINT STANDING COMMITTEE ON TREATIES THE TRANS-PACIFIC PARTNERSHIP: COPYRIGHT LAW, THE CREATIVE INDUSTRIES, AND INTERNET FREEDOM DR MATTHEW RIMMER PROFESSOR OF INTELLECTUAL PROPERTY AND INNOVATION LAW FACULTY OF LAW QUEENSLAND UNIVERSITY OF TECHNOLOGY Queensland University of Technology 1 Executive Summary This submission provides a critical analysis of the copyright sections of Chapter 18 of the Trans-Pacific Partnership on intellectual property. In National Interest Analysis, the Australian Government asserts that the Trans-Pacific Partnership is a merely recapitulation of existing agreements: The TPP Intellectual Property Chapter is consistent with Australia’s existing intellectual property regime and will not require any changes to Australia’s legislation. Minor regulatory changes relating to encoded broadcasts will be required to extend to Malaysia, Singapore, Brunei Darussalam and New Zealand the benefits in Part VAA of the Copyright Act 1968 that Australia already extends to parties to the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961 (the Rome Convention). The TPP does not require an increase in the term of copyright protection in Australia, nor any other changes to Australia’s copyright regime, including with respect to technological protection measures. The TPP standard with respect to ISPs is consistent with Australia’s existing ISP liability regime and will not require ISPs to monitor, report or penalise copyright infringement. However, such an assertion is not well-founded. A close examination of the Trans-Pacific Partnership reveals that the agreement has obligations above and beyond existing agreements – such as the TRIPS Agreement 1994 and the Australia-United States Free Trade Agreement 2004. -
Cabinet Member Report William Somerset Maugham PDF 182 KB
Cabinet Member Report Decision Maker: Cabinet Member for the Built Environment Date: 8 June 2016 Classification: For General Release Title: Commemorative Green Plaque for William Somerset Maugham at 2 Wyndham Place, W1 Wards Affected: Bryanston and Dorset Square Key Decision: An entry has been included in the Forward Plan of Key Decisions Financial Summary: The Green Plaque Scheme depends on sponsorship. Sponsorship has been secured for this plaque Report of: Director of Policy, Performance & Communications 1. Executive Summary William Somerset Maugham was a British playwright, novelist and short story writer. He was among the most popular writers of his era and reputedly the highest paid author during the 1930’s. 2. Recommendations That the nomination for a Westminster Commemorative Green Plaque for William Somerset Maugham at his London home at 2 Wyndham Place, be approved, subject to Listed Building Consent being granted for the Plaque and for sponsorship in full . 3. Reasons for decision William Somerset Maugham was a complex and interesting character and master of the short, concise novel. The last years of the British Empire offered him magnificent canvasses on which to write his stories and plays, evoking the feelings and emotions that allow the reader to understand and identify with the characters. 4. Policy Context The commemorative Green Plaques scheme complements a number of Council strategies: to improve the legibility and understanding of Westminster’s heritage and social history; to provide information for Westminster’s visitors; to provide imaginative and accessible educational tools to raise awareness and understanding of local areas, particularly for young people; to celebrate the richness and diversity of Westminster’s former residents. -
Fair Use and Fair Dealing for Libraries Fair Use and Fair Dealing Give You the Right to Use Copyrighted Works Without Asking Permission, Under Certain Conditions
Fair Use and Fair Dealing for Libraries Fair use and fair dealing give you the right to use copyrighted works without asking permission, under certain conditions. They make it possible for libraries to provide their public service. Here’s how they work:1 Fair Use Fair Dealing Where? Where? United States, South Korea, Canada, Australia, United Kingdom, Israel, Philippines, Bangladesh, South Africa, New Zealand, India.14 Bahamas, Singapore.2 How does it work? How does it work? Uses are limited to certain users, works If a use is fair, it’s allowed.3 Definitions of or purposes, such as research, study, ‘fair’ vary, but there are four factors you criticism, journalism, parody or satire. should consider in the United States:4 It also needs to be decided, in all these cases, whether the use is fair. Here’s 1. The purpose and character what you should consider in Canada: of the use: is the use commercial? Is it new or transformative? 1. Its purpose: is the use commercial 2. The nature of the work: or not? how creative was it? Is there a public 2. Its character: is the use new or interest in its availability? transformative? 3. The amount and substantiality of 3. The nature of the work: how original the portion used: how much of the is the use? original is used? 4. Its amount: how much of the work is 4. The effect on the original work’s being used? value: does the use mean fewer 5. Its effect on the work: does it stop people will buy the original? people from buying it? 6. -
TOCC0329DIGIBKLT.Pdf
SOME THOUGHTS ON MY ORCHESTRAL SONGS by Michael Csányi-Wills I was lucky enough to have had an opera-loving grandmother, who took me with her as often as she could. When I was three, she took me to see Donizetti’s Don Pasquale and I am told that I stared at Sir Geraint Evans in awe, without moving or saying a word. It seems that feeling has followed me ever since. I began piano soon after, immersing myself in repertoire from Bach to Widmann, studying with Hilary Coates at Wells Cathedral School and then with Christopher Elton and Frank Wibaut at the Royal Academy of Music. It was there that I met Nigel Clarke, with whom I began to study composition properly. Even though the piano is still a very important part of my life, it’s composition that drives me, and I have Nigel to thank for that. We then went on to collaborate on several feature- film scores, which was as much of an education for me as it was to study at the Academy. Since that time, I’ve been juggling playing the piano, writing film-scores and concert music and have been lucky enough to have encountered some wonderful musicians along the way. I met Mark Eager, conductor of the Welsh Sinfonia, in 2012 and became their composer-in-residence in 2013, which has resulted in several pieces for chamber orchestra, as well as some projects in music education, which is something I’m passionate about. I’ve since been made Head of Composition at the World Heart Beat Academy in Wandsworth, which supports young musicians of all backgrounds and cultures, and awards scholarships to those who would otherwise not have access to music. -
Civil Action No. 4:16-Cv-10790
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _______________________________________ ) DEETZ FAMILY, LLC, ) ) CIVIL ACTION Plaintiff, ) ) NO. 4:16-CV-10790-TSH v. ) ) RUST-OLEUM CORPORATION, ) ) Defendant. ) ______________________________________ ) MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO DISMISS (Docket No. 19) November 10, 2016 HILLMAN, D.J. Plaintiff Deetz Family, LLC filed this lawsuit after defendant Rust-Oleum Corporation ceased making payments under the parties’ License Agreement for use of Deetz’s patented inventions and know-how related to magnetic paint products. Deetz asserts claims for breach of contract (Count I), breach of the implied covenant of good faith and fair dealing (Count II), infringement of U.S. Patent No. 5,609,788 (Count III), infringement of U.S. Patent No. 5,843,329 (Count IV), infringement of U.S. Trademark Registration No. 3,970,111 “TINTABLE” (Count V), false designation of origin in violation of 15 U.S.C. §1125(a) (Count VI), and common law trademark infringement and unfair competition (Count VII). Rust-Oleum moves to dismiss Counts II, III and IV pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim. For the reasons detailed below, Defendant’s motion to dismiss (Docket No. 19) is granted in part and denied in part. 1 Background Dayton J. Deetz, the sole inventor of U.S. Patent No. 5,609,788 (“Magnetic Paint Additive”, issued March 11, 1997) and U.S. Patent No. 5,843,329 (“Magnetic Paint or Ink Additive”, issued December 1, 1998), assigned his rights in both patents to Fibron, LLC on January 29, 2001.