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Learning Goal: I’m working on a psychology discussion question and need an expla

by | Dec 31, 2021 | Psychology | 0 comments

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Learning Goal: I’m working on a psychology discussion question and need an explanation and answer to help me learn.can you answer two of my colleagues posts. They can be half a page or 3:4 of a page. The first oneJohn HarringtonRE: Discussion – Week 5COLLAPSECopyright is a legal term for intellectual property that provides the creator exclusive rights, including publication, distribution, and adaptation. Copyright dates back to 1700 in England and in the US was codified in the US constitution. The US Constitution grants Congress the power to secure authors’ and inventors’ exclusive rights for a limited time. Over the centuries, these rights have been expanded to art, novel ideas, and even software over the centuries. (Copyright Office)The laws about copyright for art have been changing, and the world of social media has only made this harder to control. Copyright laws are codified in the Title 17 of the US code. According to the US copyright office, copyright protection begins automatically when “a work is first created in a fixed form.” (copyright Office) My interest was how copyright applies to pictures, whether drawn or photographed. In particular, how does the use of an image from the internet comport with the lawful use of the intellectual property? To be more precise, can one copy an image from the internet and use it for a Christmas greeting sent over the internet?Pictures and photographs on the internet are ubiquitous. Much as the new media loves the image, so does social media. Digital images thus are the stock and trade of social media, and while they are subject to copyright enforcement, they seem almost impossible to regulate. I wonder if music pirates once uttered that exact phrase. Imagine that you are a cartoonist or photographer, and your new creation has been digitized into book form and is now available for sale on the internet. Once digitized, it is a matter of minimal effort for anyone to copy any and all of the work. This was similar to the early issue that music went through, as digital sharing of music files looked like it would crush the industry. The movie industry, particularly the adult film industry, has been unable to find ways to stop the piracy practice completely. It is a common joke of my youth that if you copied a video, you had to be sure not to copy the copyright segment placed at the very beginning. (Rolling Stone)According to the Copyright Office website, cartoons and comic books are among the works of authorship protected by copyright. A drawing, picture, depiction, or written character description can be registered for copyright. However, I am told that protection does not extend to the title or general theme for a cartoon or comic strip, the general idea or name for characters depicted, or their intangible attributes. This was part of the legal morass that comic book authors suffered through in the Golden age of comics (1930-1960) when a doctrine of art for hire was the law or at least common practice. In the past year, Marvel has filed lawsuits against some of the comics’ most notable creators and their heirs, invoking the “works made for hire” doctrine to retain complete control over their most popular characters, including Spider-Man, Iron Man, Thor, and Hawkeye. (FindLaw)Part of the challenge is that cartoons, photos, and other graphic art do not display a copyright notice. Before March 1, 1989, the use of a copyright notice was mandatory on all published works, and any work first published before that date should have carried a notice. The copyright notice is optional for works first published after March 1, 1989. ( Copyright Office)Another concern that I have seen is the issue of “Fair Use “of copyrighted materials. Fair use is the doctrine that allows others to use “brief Excerps “of copyrighted material without permission. My question is, who is the arbiter of “brief.” Is that one panel, one page, or one chapter of a graphic book. (Copyright Office)I have seen this issue manifest recently. Having been a fan of the comic and now movie character the Black Panther, I was looking to purchase items with that image. There were, of course, licensed and copyrighted items available from Marvel and others, but most of these were toys. What I found on social media EBay may have involved was adult neckties, handkerchiefs, and leather goods that I believe were, I believe, not licensed. No copyright notice was mentioned or visible on the product for sale. I considered that as they were only using one image, was this Fair Use? Fair Use would not, I believe, apply as it was done for commercial purposes, which is not one of the six exemptions for fair use: News, Research, Cirictsom, Parody, Nonprofit, and Education.If I purchased said Black Panther product hypothetically, would I then be an accessory in the same class as the MN woman who was ordered to pay $222,000 in the music piracy case involving 24 songs. (Rolling Stone)ReferencesCartoons and Comic Strips – US Copyright Office (https://www.copyright.gov/circs/circ44.pdf)Copyright Law of the United States (Title 17) and Related Laws Contained in Title 17 of the United States Code(https://www.copyright.gov/title17/)Copyright Registration for Pictorial, Graphic, and …. https://www.saic.edu/sites/default/files/U.S.%20Co…ANDTaylorRE: Discussion – Week 5COLLAPSELegislation: Uruguay Round Agreements ActThe Uruguay Round Agreements Act (December 8, 1994) was implemented in the U.S Law the Marrakesh Agreement of 1994. One part of it gives the United States copyright protection to foreign works that had previously been in the public domain within the United States. Golan v. Holder was a Supreme Court case that dealt with copyright and public domain. The court held that “limited time” language in the United States Constitution Copyright Clause does not preclude the extension of the copyright protection to works that had previously been in the public domain (Denniston, 2011). The case challenged the application of Section 514 of the act (Denniston, 2011). This section has provisions of trade agreements seeking to equalize copyright protections internationally (Denniston, 2011). Social media platforms such as Twitter or Facebook do not allow third-parties to use or post content without the owner’s permission per their terms and conditions (Kaiser, 2021). Most social media platforms are also protected by the Digital Millenium Copyright Act (DMCA) (Kaiser, 2021).ReferencesDenniston, L. (2011, October 4). Argument preview: Copyright and the public domain. Retrieved from SCOTUS BLOG: https://www.scotusblog.com/2011/10/argument-previe…Kaiser, B. (2021, June 02). Social Media’s New Intellectual Property Challenges. Retrieved from Legal Zoom: https://www.legalzoom.com/articles/social-medias-n…
Requirements: half a page each

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