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Search Results for: copyright
Title Author Category Date Added dl# Rating
A Rear view of YouTube Case Ms. Priyanka Mukherjee and Ms.Shachi Punani Copyright 2/24/08 472 5.1/10
Abstract:The recent injunction order passed by the Delhi High Court against Youtube and its parent company Google.
Keywords:
ABC's of Website Law Judith Silver General Intellectual Property 7/26/04 1422 5/10
Abstract:Website legal issues including copyright, trademark, more.
Keywords:web site, internet, cybersquatting, domain names
Awards of Compensation for Intellectual Property Infringement: Leigh Ellis Copyright 11/3/07 460 4.9/10
Abstract:The rise and rise of intellectual property rights has seen the rise of claims by business dealing in photographs, software and films and music making claims against small and medium sized enterprises for copyright infringement. There is no innocence defence available infringing business; the issue quickly becomes one of the sum of compensation – or damage - that is to be paid to the copyright owner.
Keywords:copyright damages compensation london lawyer solicitor
Because, There is a Cause.... M. Qaiser & P. Mohan Chandran General Intellectual Property 5/1/06 258 6.5/10
Abstract:A patent acquired to stop others from patenting the invention with the intention to serve social cause is termed as ‘social patenting.’The idea is catching on because several big companies want to take visible actions that showcase their social responsibility.

A copyleft is to copyright, what a social patent is to a patent. If you apply the principles and motivations of the social patents to a copyright, it will be termed as copyleft.
Keywords:social patent, copyleft, copyright, intellectual property, patents, anti-patent
Copyright Law and Intellectual Property Rights for Programmers Leigh Ellis Copyright 11/25/06 747 9/10
Abstract:A synopsis of copyright protection of computer software in the United Kingdom from the perspective of a computer programmer.
Keywords:copyright intellectual property lawyer solicitor United Kingdom UK
Copyright and Emerging Technologies Poorvi Chothani Copyright 11/3/07 239 6.2/10
Abstract:The increased importance of electronic and digital media requires copyright owners to pay greater attention to electronic and digital rights issues. Thus, most contemporary contracts, at least where parties are represented by lawyers, contain some reference to
Keywords:Copyrights, Mechanical Rights, Video Recordings, Music, Ring Tones, Digital Rights, Wallpapers,
Copyright and Open Source Licensing of Software Work Pratibha Gupta Other Intellectual Property 2/24/08 335 9/10
Abstract:Copyright law does not protect any particular idea. Rather, copyright protects only the expression of that idea.
The fundamental purpose of open source licensing is to deny anybody the right to exclusively exploit a work. Typically, in order to permit their works to reach a broad audience, and, incidentally, to make some sort of living from making works, creators are required to surrender all, or substantially all, of the rights granted by copyright to those entities that are capable of distributing and thereby exploiting that work.
There are about 66 types of Open source Licenses approved and recommended by Open source initiative. The General Public License is the most common license. Their basic idea in imposing such a restriction, the so-called Copyleft , was to ensure software access to developers and to prevent software from being captured by proprietary software interests. The Linux operating system and programs associated with Linux are mostly licensed under GPL licenses.

Open Source Software licensing has established a new means of creating Intellectual Property - a resource for creating more business prospects, especially, covering those areas of technology where the quick turn around is must to create and generate more revenues.
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DATA PROTECTION LAW IN INDIA: THE TRIPS ANALYSIS Praveen Dalal India 9/23/06 934 9.3/10
Abstract:The aim of this article is to evaluate the mandates and requirements of TRIPS Agreement, entered under the banner of World Trade Organisation (WTO), vis-à-vis data protection requirements in India. The discussion becomes essential, as the heat of these mandates has been felt with effect from 01-01-2005 when the provisions of the TRPIS Agreement came into full force in India. The discussion also assumes significance in the light of recent BPO frauds involving data property as the same may provide a solution for these problems in future. A timely attempt has been made to make the society aware about the impact of the same vis-à-vis data protection requirements.
Keywords:TRIPS Agreement, Indian Copyright Act, 1957, IT Act, 2000, Data Protection in India.
Guide to Filing a U.S. Patent Application (Utility Patent) IP Lexicon Patent 2/24/08 890 6.8/10
Abstract:A practical guide outlining the specific steps required to file a U.S. utility patent application.
Keywords:patent, patent application, utility patent, filing a patent application
How Promotional Agreements Protect Your Business Judith Silver General Intellectual Property 7/26/04 292 2/10
Abstract:Overview of how to use advertising and other promotional agreement to ensure protection of your intellectual property rights. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:advertising, promotions, copyright
How Service and Service Level Agreements Protect Your Business Judith Silver General Intellectual Property 7/26/04 395 2/10
Abstract:Overview of how to ensure ownership of intellectual property rights using agreements for providing services and hiring service providers.
Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:work for hire, copyright, ownership
How Software Escrow Agreements Protect Your Business Judith Silver Copyright 7/26/04 1329 10/10
Abstract:Overview of how to protect copyright and other intellectual property rights using software escrow. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:software license, escrow
How Software License Agreements Protect Your Business Judith Silver General Intellectual Property 7/26/04 542 6.5/10
Abstract:Overview of how to use software license agreements to protect the intellectual property rights of software creators. Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:software, copyright, trade secret
Implied Licenses and Ownership of Intellectual Property Rights in the UK Leigh Ellis Copyright 11/3/07 115 5.6/10
Abstract:In Robin Ray v Classic FM, the English High Court held that a contractor providing services owns the intellectual property in the materials created for the client. The decision is a useful guide to contractors as it is one of the leading cases in determining the whether a commissioner of intellectual property may use intellectual property for purposes not explicitly contemplated by a written agreement. Gillhams Solicitors is a firm of London Lawyers advising on intellectual property rights and litigation.
Keywords:copyright implied licenses UK law
Internet File Sharing of Copyright Protected Works: A Canadian Perspective Mr. Alain P. Lecours Copyright 11/3/07 190 5.5/10
Abstract:In Canada as in the rest of the world, downloading copyright-protected works via Internet is a common, although controversial, practice. Peer-to-Peer (“P2P”) file-sharing is the most commonly used mean of downloading. Is this practice legal under Canadian law? In Canada, the Copyright Act protects all works (...)
Keywords:Canada , copyright, Internet, download, Canadian law
LOCUTUS - December 2003 Carmen Champion & Jane Rawlings Intellectual Property Newsletter 6/27/04 261 9/10
Abstract:monthly newsletter re ip developments in Australia.
Keywords:trade marks copyright patents designs confidential information
LOCUTUS October 2005 Issue Carmen Champion & Jane Rawlings General Intellectual Property 11/6/05 111 1/10
Abstract:Summary of recent Australian cases in the IP law area.
Keywords:trademarks patents copyright designs
LOCUTUS cARMEN cHAMPION & jANE rAWLINGS General Intellectual Property 12/11/05 108 4/10
Abstract:Monthly newsletter detailing the latest Australian court decisions in IP
Keywords:trademarks patents designs copyright confidential information
Recording Industry Association of America Forces File Sharers to Face the M Wendy K. Marsh General Intellectual Property 10/16/04 256 7.5/10
Abstract:On Monday, September 8, 2003, the Recording Industry Association of America (RIAA) sued 261 individuals for alleged violations under federal copyright laws. These defendants, described by the music industry as "major offenders"
Keywords:file sharing RIAA Recording Industry Association of America
Software Patents Workability In India Sudhir Kumar Aswal Patent 9/23/06 959 7/10
Abstract:Software Patent laws in India are still in developing phase. Indian Govt. recognises it only as a literary work and grants copyright prosecution. Though in April 2005 there was a propsle to include the software patents imbedded in hardwares to be patentable but under protest from the software assoiciation in India the same law was not enacted. Still there is way to come out of this situation that is to draft specification in such a manner that invention appears to be of a generic hardware.
Keywords:software, patents, hardware, computer
Synopsis of Intellectual property Rights Leigh Ellis General Intellectual Property 11/3/07 246 3/10
Abstract:An overview of patent law, copyright, designs law, confidential information and trade mark law in the UK.
Keywords:intellectual property copyright trade mark law firm design
The Development of Digital Rights Management Robert A. Hodgson Copyright 3/26/05 545 6.6/10
Abstract:Historically, it has been relatively easy for copyright owners to protect their works from unwanted and unauthorized copying. The cost and difficulty associated with illegal copying was simply too high to allow any such copying to be widespread. However, the appearance of personal computers, and especially the Internet, has lessened the security copyright holders once had against acts of infringement. Due to increasingly efficient technology, such as CD writers and faster, better internet connections, it has become both inexpensive and easy to copy and distribute digital files across the Internet or from hard drive to hard drive.
Keywords:copyright digital rights infringement
The European Union and Copyright - An Analysis S. Nahar Copyright 2/24/08 315 10/10
Abstract:The term ‘intellectual property’ became common in the 1960s with the setting up of WIPO (World Intellectual Property Organization). However, this is not to imply that the concept of Intellectual Property did not exist before this. In fact, there are a number of theories (such as the Labor Theory by Locke and the Personality Theory propounded by Emmanual Kant and Hegel) which have been used to explain intellectual property and sufficient state practice exists to determine concretely that this concept of granting rights over inventions, aesthetic works and brands is not exactly new.

There are certain intellectual property rights which require registration to formally be recognised as rights attributable to the authors. Examples of these would be patents, trademarks etc. However Copyright is one of those, which do not require any formalities. It comes into existence when a work is fixated or recorded in any permanent way. A fundamental question can be posed as regards copyrights: What would be the way to determine in case of different jurisdictions which law and the copyright of which author is to be given protection.

The TEU contains a number of provisions, which are directly and indirectly related to the concept of Intellectual property protection. Articles 30 – 36 are related to the elimination of quantitative restrictions on trade between member states to accomplish the free movement of goods. This in itself poses an irreconcilable conflict when it comes to intellectual property rights.

The exercise of an intellectual property right that causes market partitioning will be upheld only insofar as the ‘specific subject matter’ of the right is being protected. Article 86 of the TEU also applies to prevent the abuse of dominant position.

There is a somewhat novel provision in European Law regarding intellectual property which has attracted considerable criticism as well. This is the concept of exhaustion of rights. Normally, a right-holder possesses an exclusive right over the property in its own area together with the proprietary right over the use of the product in other areas. However, thinking that such a rule would have a potential effect of dividing the Community into a number of self-contained areas the above concept was devised. Here if the right is sought to be extended to other states then it must also face the wider competition of the other states.

In this article, the researcher seeks to examine the above-mentioned provisions of the European Union as regards copyright
Keywords:copyright, European Union, copyright licensing
The Viability of incorporating Secondary Infringement Liability in India Ankur Gupta India 5/15/05 338 9.6/10
Abstract:Liability for secondary infrigement under the Indian Copyright law may help in curbing sale of pirated and bootlegged matter. This key component is missing under the Indian Law. To check the viability of secondary infringement as a tool to crub piracy of copyrighted matter India can take cue from the American experience with secondary Infringement. The article sheds light on the American Experience and advocates that India may also think on the lines of including secondary infringement liability in her Copyright Laws.
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The agony of the Macedonian music industry:whose (copy)rights are protected Mirjana Todorovska General Intellectual Property 9/23/06 222 5.8/10
Abstract:The article focuses on the current trends occuring in the macedonian music industry from the view point of music copyrights and related rights. The article is a sublimate of the research done by the Center for Information Society and Intellectual Property, Macedonia in the field of music copyrights and related rights.
The main issues discussed are as follows:
- the piracy problems faced by the main stakeholders from the cultural sector in Macedonia
- the degree of awareness about the existence of adequate institutional and legal frameworks that might deal with the piracy issues.
- the non existence of an agreement reached between the main stakeholders in the music industry (the music copyrights holders and the music copyrights users) about the collective management and usage of music copyrights.

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Theory of Neighbouring Rights Prof. Sanjay Pandey General Intellectual Property 7/19/05 1069 5.5/10
Abstract:It is not possible to segregate Copyright and neighboring rights so to provide a separate legal regime for protection of neighboring rights. International developments in this area of intellectual property has created so much so trade interest that WIPO, and WTO stand together on the issues of protection and compel the member-countries to bring their domestic laws in conformity with international commitment that facilitates trade. This shows that neighboring rights have acquired a status, from which no relegation is possible now, what is left is to move further and devise stringent legal regime to strengthen these intermediary rights. Both treaties particularly deal with the use of copyright protected works, performances and sound recordings in digital networks, such as the Internet. Authors, performers and phonogram (i.e. record) producers are granted a broadly worded exclusive right of communication to the public, covering interactive services and delivery on demand. Still a lot needs to be done to cope up with the developing aspects of neighboring rights. The world looks ahead to WIPO ‘webcasting’ treaty in order to see a bright dawn of the neighboring rights protection regime.
Keywords:webcasting, performers, neighboring right, legal regime
Top Ten Legal Oversights That Can Shut Down Your Website Brett J. Trout General Intellectual Property 11/6/05 553 5.5/10
Abstract:This article explores some of the more common mistakes companies make online. Whether it is trademark, copyright or trade secret infringement, any of these problems could shut down a website and possibly the entire company as well. Often, avoiding years of litigation and hundreds of thousands of dollars in attorney fees can be as simple as taking a few basic precautions. Unfortunately, too many companies learn too late how simple it might have been to avoid an online catastrophe.
Keywords:website infringement trademark copyright trade secret online
Trademark Searches as Risk Management Christine Lebron-Dykeman Trademark 3/26/05 500 10/10
Abstract:The value of your company's trademarks will dramatically appreciate through successful use. And, unlike copyrights and patents that eventually expire, trademark rights can last indefinitely if the mark continues to perform a source-indicating function. Because trademarks are an appreciating asset with a potentially perpetual life, it is important to choose them carefully.
Keywords:trademark value company assets
What Is Intellectual Property: Part 2 Copyright Judith Silver Copyright 7/26/04 1694 6.2/10
Abstract:Overview of copyright law, including pluses and minuses of obtaining a copyright.

Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:copyright, copyright law
What Is Intellectual Property: Part 2 Copyright Judith Silver Copyright 7/26/04 1206 5.7/10
Abstract:Readers are cautioned not to rely on these articles as legal advice. They are no no substitution for a consultation with an attorney and an accountant in your state. Based on jurisdiction and time, the law varies and changes.
Keywords:copyright, copyright law
What are Consumers Rights to Copy Music and Movies? Vincent S. Egolf Copyright 3/26/05 908 7.5/10
Abstract:One of today’s hottest intellectual property topics is the copying and on-line distribution of music and movies. Using a personal computer, an individual can now easily trade music files over the internet, create personalized compact disks from their downloaded music files, and create back-up copies of the movies in a digital video disk (DVD) collection. Unfortunately, each of these activities violates federal copyright law.
Keywords:copyright movies music RIAA infringement
What's it Worth? Putting a figure on a musician's estate and celebrity imag Weston Anson General Intellectual Property 4/24/05 495 10/10
Abstract:This article looks at two real world case studies based on the author's practice at an intellectual asset consulting firm. The first case study considers the value of a music library and a musician's estate, after the death of a musician, and asks: what is the value of a body of work, including music copyrights and future tour income? The second case study examines the value of celebrity images. The valuation was done in the context of a lawsuit by two celebrities against a consumer good company.
Keywords:intellectual property, IP, celebrity, case study, valuation, litigation, entertainment, royalty
Works Made for Hire: Who Owns the Copyright? Jeffrey D. Harty Copyright 3/26/05 1373 9.7/10
Abstract:The copyright laws protect original works of authorship, such as books, movies, sound recordings and computer programs. The question of whether a copyright exists to protect a particular work from unauthorized copying is easily answered. Often a more difficult issue is determining who actually owns the copyright.
Keywords:author writer publisher

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