Digital Solutions and Copyright: Fair Use and Licensing Details

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Homework Assignment
AI Summary
This homework assignment solution delves into the application of digital solutions, focusing primarily on copyright law and its implications. It begins with a copyright infringement notice and then provides examples of works protected by copyright, such as music, written works, and video games. The assignment explains the meaning of fair use and its four factors, followed by an explanation of the Creative Commons license. It differentiates between copyrights, trademarks, and patents, highlighting their respective roles in protecting intellectual property. The solution also clarifies the distinction between copyright and privacy, emphasizing the different legal protections afforded to each. Finally, the assignment includes a sample complaint regarding copyright infringement and the unauthorized use of copyrighted material. The assignment covers the different types of intellectual property and their protection in digital media and software.
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TABLE OF CONTENTS
1. Copyright Infringement Notice..........................................................................................3
TASK 3............................................................................................................................................3
3. Three examples of works that are copyright protected......................................................3
4. Meaning of fair use and its four factors..............................................................................4
5. Concept of Creative Common Licence..............................................................................4
6. Difference between copyrights, trademark and patents.....................................................5
7 Difference between copyright and privacy..........................................................................5
8 Complaint............................................................................................................................6
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1. Copyright Infringement Notice
Software is the not owned by the people but it purchased and should be copyrighted.
However, Mr. Ashok Mahajan infringes it and distribute the versions of the same to others. That
is why copyright infringement notice issued to him which is as follows:
Attention: Mr. Ashok Mahajan
Mr. Kailash Shah
59, Ambavgarh Road
Near vardhman Colony
Bahrain
I, Mr Kailash Shah duly authorized representative of the exclusive rights for the copyright
infringement of software and license no 889/25/630. These exclusive rights are being violated
by the material available upon your site at the following URL number 26.33.
“I have a good faith belief that use of the copyright material describe above as allegedly
infringing is not authorized by the copyright owner, its agent, or the law.”
And
“The information in this notification is accurate and I swear under penalty of perjury that I am
the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed”.
Kailash Shah.
TASK 3
3. Three examples of works that are copyright protected
Copyright protection is done for the original works it means that the person who used this
protection must be an original author or she or he has to write or produces the idea.
Some examples are mentioned below:
Music: the author used the copyright protection because music is produced originally by
musicians so they can use the copyright as an intellectual property in order to protect it.
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Written work: This work is also protected by copyright because the written work is originally
drafted by the writer himself.
Video Games and Software: this type of work is basically protected by copyrights only because
the inventor is the only person who designs it as well as software so he had a right to use the
Intellectual Property.
Copyright is used for creative work that belongs to only one person but if anyone wants
to use that software then he must take permission to the owner. It is impossible to buy copyright
in order to control the work and if infringement is issued then must provide all the details of
copyright owner and the date it was issues.
4. Meaning of fair use and its four factors
At the time of infringement, fair use is the most common claim and there are four fair use
factors which are mention below:
Purpose and character: it is important factor for fair use. Purpose of copyright should be clear
and the material which has been taken from the original work is transformed or not. The purpose
of using copyright is for nonprofit educational purpose because copyright law favors scholarship,
research, education etc.
Nature: it is the second factor of using fair use of copyright as it helps to determine the nature of
work that is being copied. As per Supreme Court guidelines, the court only considers the work
that is copied is whether published or not.
The amount and Substantiality of the portion taken: according to this point of view, court
looks the quality of material rather than quantity. The less work you take the more work should
be copied and this is a fair use. For example: copying the whole movie is fair use of protection
but on the other side copying half of the part from the movie is not considered as a fair use.
Effect of the use on the potential market: it is used to determine the income of owner and
apply new or potential market for copyright work and it is necessary if the work is not related to
the original author.
5. Concept of Creative Common Licence
The creative common license and tools make a balance between all rights which are
reserved and laws for copyright. These provide grants or permission in order to every individual
of firm or large companies to use the copyright protections for their creative use of work. It
enables the distribution of copyright which others do. For example, a CC license is used when
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author wants to share things with others and gives them permission in order to use, build or
create some ideas related to the material. It also helps to identify those people who misuse the
property and redistribute an author's work. There are various types of common creative license
and the combination of these tools provides growth in the field of using latest technology. These
are governed by the copyright law which includes books, plays, movies, online music and
articles.
6. Difference between copyrights, trademark and patents
All copyright, trademark and patents are forms of Intellectual Property. Copyright
protects music, software and online articles whereas trademark protects brand names, logos and
other sources which are used by others for specific purposes and Patents help to protect
inventions.
Copyright provides a legal evidence and public notice of ownership while trademark
enhances the right of person by providing legal evidence and public notice of ownership and
when the patents are filed, the owner gets the right to prevent others for making, reusing and
selling their own inventions. Copyright is valid for life time and trademark should be renewed
for ten years and patents are valid only for one year.
For getting copyright protection, an individual follows a long process which includes
registration, licensing, assigning etc but in the case of patents, no such type of formality requires
an individual get the right easily without any fees and registration process. In trademark, certain
legal benefits to registering the mark with USPTO is require. Huge amount of fees should be
paid while getting patent but in copyright it is affordable and not as expensive as patent and
trademark is also affordable as it is one time investment.
7 Difference between copyright and privacy
Copyrights: it is used when the author or writer are original. The things which are taken
into copyrights are music, video, software and online articles etc. these things are privately own
by the person and if these are protected by copyright then with the permission of owner no one
can use it, sell it or redistribute it.
Privacy: It is completely different from copyright. When the personal information is
leaked by your friends and relatives and someone else post your picture or share information
without informing you then an individual can file a privacy complaint against that person. As it
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is not protected by any intellectual property so it does not mean that anyone can share the
information but it is wrong so can file a complaint against that person.
8 Complaint
A valid complaint must be filed against Better Management Consultant as he posted the
blog of Grow Management Consultant in his blog which is wrong and the complaint is as
follows:
Mr. Edward Kinks
Owner of Grow Management Consultant
Tel. No. 9683521488
Better Management Consultant have been infringes as he posted the blog of Grow Management
Consultant in his own sites but the blogs are copyright protected and the license number is
968/528/86 which was issued on 16th May,2016. So it is to be removed from the blog.
“I Edward Kinks owner of Grow Management Consultant has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its agent or the
law.”
“The information in this notification is accurate and I swear under penalty of perjury that I am
the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed”.
Edward Kinks
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