Fair-use cases are those which are not the violation of copyright and are exceptions to the infringement of copyright. There is fair use doctrine which is meant for the non commercial use of the copyrighted works. Almost all the Copyright Acts of the various countries have in one or the other form some provisions for fair use. Accordingly Indian Copyright Act 1957 has sec. 52, which provides fair use. US copyright law also provides fair use. But the boundaries of fair use and infringement are very thin and some time it becomes very difficult to decide. Accordingly there is ongoing controversy as J.D. Salinger, Woody Allen and J.K. Rowling have provided over the months on the fair-use front, the following just might take the cake as Best Fair-Use Smackdown Ever.
It hasn’t yet boiled into a lawsuit yet, but it’s got serious potential. At issue: a poster created by folks at the National Organization for the Reform of Marijuana Laws (aka NORML), which uses a photo of Barack Obama as an undergraduate at Occidental College, circa 1980.
The picture shows Obama puffing on a cigarette (of the tobacco type). People at NORML took the image, dressed it up a little to make it look like Obama’s puffing on some serious Early Pearly Maui (or something), and stuck it on their Summer of Love-inspired promotional poster for their annual conference. The message on the poster: “Yes We Cannabis.”
Lisa Jack, an Obama classmate back at Oxy, was very angery over the picture instead of Obama.
“They do not have my permission,” said Jack, now a psychology professor in Minnesota, to the Post. These photos “are absol. She held that it is not to be used in this way. … I really made a grand effort to do this properly, and I’m very irritated.
Some experts of the IPR didn’t seem it to cause any trouble. “With very little adulteration, experts placed what appears to be a cannabis cigarette” in the Obama’s hand. St. Pierre admits they didn’t get permission, but “our lawyers thought it was adulterated enough to comply with the fair use doctrine.
The standard provided as per the copyright law is is whether there was a “transformative use.” And that doesn’t necessarily mean the image has to be transformed — an image can remain exactly the same and satisfy fair use if the picture is framed in a way that sends a message. Let us wait and watch and see what happens on the issue.
The objective of the blog is to provide a fair analysis and awareness of legal issues in an easy way for the understanding of the people at large
Friday, August 07, 2009
Thursday, August 06, 2009
US Govt. is now going to enforce cyberlaw control on the netizens
US Govt. is aimed to enforce Cyber law Control on netizens.
The US Govt. is aimed on forcing Cyber Law controls on an unwilling public in an environment that is not controllable. Americans have various rights that are assured by Law, and when the American Government begins forcing Cyber Law controls by online surveillance in Internet, which spreads over the entire world, the control factor looks very similar to that level of control that is found in a Communist society.
It is pertinent to mention that Cyber Laws relate to the communication devices such as cellular telephones and the areas of the Internet that provide freedom to people to talk openly about any topic. Now Americans are feeling uncomfortable with expressing their opinions while in Internet chat rooms.
The Government feels that it is losing income due to e-commerce and m-commerce. There are difficulties in drawing a line to give tax benefits to a particular State, or to afford the Federal government the right to claim their Federal taxes on such work. By enforcing e-commerce and m-commerce taxation, the Government could be considered to be guilty of double dipping if they ever get to the point where they could get paid taxes for work that is done through cyber contacts.
The law enforcement agencies are using WebCrawler programmes and online surveillance to track predators and illegal activities. They are just as guilty of using the cyberspace for gain as the next person, but the gain they achieve is in removing predators that make the Internet their home away home and not from gaining income that the Federal government cannot tax.
Americans have a real problem with anyone who wants to control them. The freedoms they enjoy everyday have given them the right to learn from information on the Internet and earn an income from the research that is done. Monitoring the places through cookies and other programmes that they go is forcing Cyber Laws controls on an unwilling Public who have privacy as a part of human rights and fundamental rights. Now lot of netizens access the Internet from home, and doing surveillance over internet could be construed as a home invasion and a violation of their right to privacy that is one of the basic essences of life.
The US Govt. is aimed on forcing Cyber Law controls on an unwilling public in an environment that is not controllable. Americans have various rights that are assured by Law, and when the American Government begins forcing Cyber Law controls by online surveillance in Internet, which spreads over the entire world, the control factor looks very similar to that level of control that is found in a Communist society.
It is pertinent to mention that Cyber Laws relate to the communication devices such as cellular telephones and the areas of the Internet that provide freedom to people to talk openly about any topic. Now Americans are feeling uncomfortable with expressing their opinions while in Internet chat rooms.
The Government feels that it is losing income due to e-commerce and m-commerce. There are difficulties in drawing a line to give tax benefits to a particular State, or to afford the Federal government the right to claim their Federal taxes on such work. By enforcing e-commerce and m-commerce taxation, the Government could be considered to be guilty of double dipping if they ever get to the point where they could get paid taxes for work that is done through cyber contacts.
The law enforcement agencies are using WebCrawler programmes and online surveillance to track predators and illegal activities. They are just as guilty of using the cyberspace for gain as the next person, but the gain they achieve is in removing predators that make the Internet their home away home and not from gaining income that the Federal government cannot tax.
Americans have a real problem with anyone who wants to control them. The freedoms they enjoy everyday have given them the right to learn from information on the Internet and earn an income from the research that is done. Monitoring the places through cookies and other programmes that they go is forcing Cyber Laws controls on an unwilling Public who have privacy as a part of human rights and fundamental rights. Now lot of netizens access the Internet from home, and doing surveillance over internet could be construed as a home invasion and a violation of their right to privacy that is one of the basic essences of life.
Tuesday, April 07, 2009
Technology& Law
Due to fast growth of technology, lot of issues of protection of rights are emerging. Which requires lot of research. We have to find out the viable solutions of the problems posed by the new technologies.
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