Legality of the e-Book Research Paper - 2475 Words

Legality of the e-Book (Research Paper Sample) Content: InstitutionLegality of the e-bookNameInstructorCourseDateLegality of the e-bookCause of actionThe information that lady Kabuki has a mentally disabled twin sister who lives in an institution and whom the singer supports financially was communicated to Alvin giving rise to an obligation of confidence. When Alvin makes known the details in the biography it amounted to a breach of confidential information which is sanctionable. In such circumstances what the court will look at is whether a reasonable person in Alvin shoes being the recipient of such kind of information would have discovered that the information imparted by the pop star was communicated on the basis of confidence.On the surface, the biography also infringes some provisions of the Copyright Act under section 13 by using the lyrics of the singer at the beginning of the first chapter. The similarity of the of the e-book title with that of the singerà ¢Ã¢â€š ¬s most successful album is in violation of the tr ade mark rules under the Trade Marks Act amounts to deceptive similarity and cannot be considered as an act of coincidence, it was an act that was done deliberately considering the context of the relationship between him and the pop star. In addition, he had no moral right to use the pop star photographs in the biography, since there was no express or implied consent of the singer, since ownership of trade mark, imputes proprietary rights to the owner. It is only Patrick De Salvatore who had been given authorization to produce the pictures. Lady Kabuki can institute a cause of action based on those grounds as will be illustrated below.Details of Lady Kabukià ¢Ã¢â€š ¬s relationship with her disabled twin sister CarrieAlvin was one the few trusted confidants of the pop star Lady Kabuki, due to this fact the detail information concerning her mentally disabled twin sister whom she supported financially and resided in an institution were made available to him by the pop star. Alvin had orally promised Lady Kabuki that he would not disclose the information to anybody and by doing this he had expressly agreed to keep the information secret. The details of the singerà ¢Ã¢â€š ¬s twin sister can be termed as confidential information and thus the very act of Alvin publishing the content amounts to a breach of confidence.Lady kabuki can bring a cause of action against Alvin in regards to publishing the confidential information in the eBook. In Coco v A N Clark (Engineers) Ltd the test for breach of confidence was succinctly outlined. The first element of the test requires that the information imparted should fulfill the à ¢Ã¢â€š ¬Ã‹Å"required confidence qualityà ¢Ã¢â€š ¬. The second element is that the information should be communicated in situations giving rise to an obligationà ¢Ã¢â€š ¬. Lastly, an actual or threatened application of the confidential information to the injury of the person who imparted the information must suffice.[Coco v A N Clark (Engineers) Ltd [1969] RPC 41 at 47.] Ideally, for the first element of the test to be established, it is requisite that the information is not of public knowledge or of trivial nature both in form and substance. Lady Kabuki has a mentally disabled twin sister, she supports her financially; all this information is available to the very few confidantà ¢Ã¢â€š ¬s she has including Alvin. However, in Franchi v Franchi it was stated that even if the information is known by a few people it does not necessarily mean that the knowledge is à ¢Ã¢â€š ¬Ã‹Å"publicà ¢Ã¢â€š ¬. Since the pop star was much concerned that her mentally incapacitated twin sister stays out the public eye, the essence of the concern cannot be considered trivial. Moreover, the information is not known to the public, thereby satisfying the first element of the test in entirety.[Saltman Engineering Co Ltd v Campbell Engineering Co Ltd (1948) 65 RPC 203 at 215] The second element, pertaining to how the information was communicated, impu tes an obligation the side of the plaintiff to proof that the defendant, indirectly or even directly got the information from him without the implied or express consent, once the court is satisfied, the defendant would be liable for the infringement of the plaintiffà ¢Ã¢â€š ¬s right. In Lady Kabukià ¢Ã¢â€š ¬s scenario, Alvin being privy to the information of the singerà ¢Ã¢â€š ¬s mentally handicapped sister went on to publish the details in the e-book, without her consent; well knowing that the information was supposed to be kept secret. The above acts, satisfies the element of the second test.[Andrew Stewart, Phillip Griffith and Judith Bannister, Intellectual Property in Australia (4th ed, 2010) 107.] With regards to the third element, it is mandatory that there be actual or threatened use of the confidential information to the detriment of the plaintiff. The disclosure of the information to the public concerning her sister mentally ill status would subject her to criticisms, r ebuke and risk of public embarrassment due to her standing in society as a public figure.[Commonwealth v John Fairfax Sons Ltd (1980) 147 CLR 39, 52.] Though, the test for breach of confidential information has been satisfied. There are two defenses normally used for the breach of confidence. The first defense is disclosure of confidential information under legal compulsion. This is where a person may be required to make known available confidential information for purposes of litigating. This defense cannot be invoked by Alvin since there was no legal compulsion to disclose the confidential information communicated to him by the singer. The second defense is that of public interest; it would also fail since it is not in the greater interest of the public to know about lady Kabukià ¢Ã¢â€š ¬s details of the mentally disabled twin sister.Though, the book has been published it would be an exercise in futility for the court to issue an injunction to restrain the publishing company fro m publishing the book. In this circumstance, it would be prudent for the court to issue an injunction to prevent copies from being made or copied further. A successful litigant may also seek compensation in form of damages. Damages may be awarded to compensate the personal injury, anger and distress suffered because of the violation of the confidential information.The first verse of Lady Kabukià ¢Ã¢â€š ¬s most famous songsAlvin used the first verse of Lady Kabukià ¢Ã¢â€š ¬s most famous songs, which appear at the beginning of the first chapter of the pop star biography called "Angel Voiceà ¢Ã¢â€š ¬Ã‚ . Premised on this notion the Copyright Act makes her the copyright owner of her musical works including the lyrics. In law the copyright owner Lady Kabuki is the only person exclusively entitled to reproduce her work, communicate it to the general public, translate, transcribe or perform it.Under section 13 of the Copyright Act Alvin was in breach of copyrights by using the lyrics of singer at the beginning of the first chapter of the biography. The section states that an infringement of copyright is deemed to occur, when a person uses entirely or a substantial part of a material without the express or implied consent of the owner subject to the defenses contemplated. For the singer to succeed in a cause of action involving the infringement of copyright she has to satisfy the à ¢Ã¢â€š ¬Ã‹Å"substantial testà ¢Ã¢â€š ¬.[Copyright Act 1968 (Cth) s 13] The Copyright Act is silent on the definition of substantial part. However, reproducing a substantial part of a copyrighted work is treated similar as that of taking the entire work. In S.W. Hart Co Proprietary Limited v Edwards Hot Water Systems it was stated that for one satisfy the legal test of à ¢Ã¢â€š ¬Ã‹Å"substantialityà ¢Ã¢â€š ¬ the plaintiff must establish the objective similarity and a causal connection between both works. On the first part of objective similarity involves an analysis of comparing bot h works and to determine whether there is any nexus or any closer resemblance so as to remove the possibilities of any coincidence. In regards to causal link the issue is whether the infringed work had emanated from the copyright work; it is all clear that the source of the verse that was used in the biography had been scooped from the pop star famous song.[Copyright Act 1968 (Cth) s 14] [S.W. Hart Co Proprieatry Limited v Edwards Hot Water Systems CLR 466 at 472] Although Alvin had scooped just a verse from the song that does not mean an action for infringement of music copyright would lie. This is because the test for à ¢Ã¢â€š ¬Ã‹Å"substantialityà ¢Ã¢â€š ¬ is qualitative and not quantitative; and the question that the court normally asks is whether the substantial part that has been copied if it is of quality. In essence, substantial part does not connote the numerical portion but a distinctive portion of the original work. It is quite clear that Alvin had exercised exclusive r ights that were solely the preserve of Lady Kabuki. However, there are some numerous defenses to the infringement of copyright work. There is the defense of fair dealing for purposes of criticism, review or research; this means that any musical or literary work used by a student or any person conducting research or affiliated with an education institution can invoke the defense of fair dealing under such purposes.[Copyright Act 1968 (Cth) s 40] The defense of fair dealing for purposes of research can be invoked or be available to Alvin. He may argue that being a student, the biography was meant for the research purposes as contemplated in section 40 of the Copyright Act. Under section 115(2) of the Copyright Act the remedies available for a successful litigant who has suffered infringement of a copyright includes damages, account of profits and injunctions. Under section 115(3) of the same Act damages will not be awarded if the defendant was not aware t...

Wilderness in Call of the Wild by Jack London Essay

Symbolism Many of the characters in The Call of the Wild symbolize specific qualities. One example of this is Mercedes. She represents greed and being spoiled. Mercedes enters the wilderness clueless to what toll it will take on her. â€Å"†Undreamed of!† cried Mercedes, throwing up her hands in dainty dismay† (73). This quote shows that she was expecting (and hoping) for a more pampered way of life out in the Klondike. Mercedes could also represent the unpreparedness of most of the people going to the Klondike gold rush. The Klondike gold rush was so glamorized that everyone thought that they could do it. In reality, the gold rush was much harsher than most people thought it was. Another example of symbolism in The Call of The Wild is†¦show more content†¦She is extremely out of place in the untamed wilds. Jack London uses Mercedes to convey his ideas of this theme. Since she is so used to her pampered life, she expects the wilderness to be the same. Mercedes and Buck are connected in this way. Buck was used to a pampered life, but adapts to the wild by embracing his primitive instincts gradually through the book. Mercedes, on the other hand, is a prime example of all of the bad qualities to have in the wilderness; She is extremely presumptuous, and spoiled. An example of these qualities is when Mercedes wants to be pulled on the sled. â€Å"It was her custom to be helpless† (83). Instead of adapting like Buck does, Mercedes tries to transfer her luxury live to the wild. By adding Buck and Mercedes, Jack London shows that he is not making a value judgment on wealthy people. He shows that two characters can come from the same background, but be entirely different. Another theme is that primitive instincts can be strong. This is mostly shown through Buck. He quickly realizes that he needs to embrace these instincts or die. â€Å"And not only did he learn by experience, but instincts long dead became alive again. The domesticated generations long dead became alive again† (31). This quote shows how powerful Buck’s feelings are. After a short time in the wild, Buck’s long dead instincts are awakened. Point of View The point of viewShow MoreRelatedInto the Wild: an Analysis of Who Jack Londonwas to Chris Mccandless1113 Words   |  5 Pagesâ€Å"Jack London is King† this was carved in to a block of wood found at the bus where Chris McCandless’s body was found. Chris McCandless admired Jack London as a man and a writer. Chris went into the wild’s of Alaska to prove that he could live off the land, with no modern conveniences, and no human contact. Jack London wrote stories about men and animals experiences against the environment, and survival against hardships, which were written from his own life. His works included individualism and theRead MoreTo Build A Fire And The Call Of The Wild Analysis838 Words   |  4 Pagesharsh. 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Apple Inc free essay sample

The fact that consumers were willing to pay a high premium for the Mac experience suggests that the competition was lacking in qualities which mattered to people and those being the convenience of the Plug and Play feature. IBM being a threat was able to compete on a price basis and which resulted in creating complementers such as new applications to strengthen its position and recapture sales from Macintosh. We again see evidence of Mac’s lack of vision and leadership under Sculley by them deciding to follow the first movers and release a low cost Mac Classic. When Jobs came along in 1997 he realized that content, being software, is the main complementer to the PC industry. Microsoft office being a prominent technology has become a standard across enterprises. Jobs realized that the current switching costs for users would be very high when lacking access to office and moved to form a strategic alliance with Microsoft to extend support with Office for Mac. We will write a custom essay sample on Apple Inc or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page His second move was to focus strictly on 4 main segments, desktops for consumers and for professionals, and portables for consumers and for professionals. Clearly the main weakness that Jobs had to worry about was the lack of innovation but before he could innovate the main concern is to survive in what was mostly a PC dominated industry. To do that, Jobs took what he knew and adjusted it to adapt to the current environment; the traditional Plug and Play was extended to accommodate windows based peripherals and emphasis was placed on design as differentiation.

Four Expository Essay Example Topics

Four Expository Essay Example TopicsWriting an expository essay is not easy. You must choose the right topic and write carefully to give your readers a well-researched topic that builds a strong argument for your position. Once you have done this, your expository essay can make an impact on your reader's mind. The following four examples of expository essay topics will help you choose a great topic.The Expository Essay about Life Lessons covers six life lessons for the young and old. The essay helps you to look at life as a series of lessons and put it in different perspectives. You need to ask yourself, 'How can I fit my life into one essay?' It will be up to you to come up with the right information to make the essay effective.The Expository Essay about Health in America illustrates the importance of health in American society. This essay explains the things people do in order to keep themselves healthy. It then provides you with research on the most current health issues in the Un ited States. These topics all support a good expository essay.The Expository Essay about Diversity is informative and has a high impact. The topic describes diversity in the United States. The essay contains different views on different issues related to diversity. The goal of the article is to find out how diverse people view the diversity and how their views relate to their lives.The Expository Essay about Education uses very simple language and makes an interesting case study. The topic is about English and school, but it also tells us that students do not always learn the skills they are taught. They have their own ways of learning, which are sometimes better than the ones taught in school. The goal of the essay is to show the value of education and teach the reader how important schoolis in society.The Expository Essay about the Water Resources provides information about water in the United States. It explains how America got its water supply. It then gives a brief history of t he creation of water. This expository essay will give you a good idea about the changes in the United States, and how the size of our nation affects how much water we get.The Expository Essay about Food Safety teaches the reader that food safety is important. It provides an overview of the laws regarding food, and what types of food should be bought from trusted sources. The article includes information about how to protect yourself against illness, and how it is important to stay healthy.These are just four examples of expository essay topics that can help you make the right choice for your essay. Each article can be used in a different context to tell a story that builds an argument. Finding the right topic for your expository essay is the first step in writing an interesting and compelling expository essay.

GED Topics For Essay Writing

GED Topics For Essay WritingGED topics for essay writing are great place to start to better your college education. The topics can be any type of paper, but you should definitely stick to topics that you enjoy writing about and like reading about.GED topics for essay writing can include non-fiction topic, a history, a science, an essay about a famous person, etc. You need to remember that an essay is supposed to be something that a student would have an interest in. However, you should only write about subjects that you are interested in.For example, if you are writing an essay about the civil rights movement, you would not want to write about the history of slavery, abolitionist movements, the American civil war, the massacre at Wounded Knee, etc. These subjects are not part of what you know about, so this is not the topic that you should write about. Instead, you should try to write about something that you find interesting.If you are not interested in any of the topics that you ca n write about for your non-fiction topic, you can always look for another topic. If you are interested in something that you don't know about but do not find anything that you would like to write about, consider writing about something else.There are a few extra credit questions you should be familiar with. If you are studying chemistry, look for topics that have to do with the chemical elements. If you are studying Spanish, look for topics that would make your students interested in reading your work. The topics that you should use for GED topics for essay writing are usually topics that you are already interested in.The reason why you are looking for topics is that you should be able to use your knowledge of these topics in your writing. So if you are writing about the history of the Spanish civil war, and you are not a history major, then you should look for topics that would interest your students. A good idea would be to pick topics that are something that they already know, an d something that they would like to read about. By knowing these topics, you can use them in your writing.Before you decide on the topics for your GED Essay, make sure that you learn as much as you can about the subject of your classes. If you are not a fan of any of the topics you see in your college writing class, just move on to the next topic and look for the one that you would like to write about.

The Benefits of Dissertation Proposal Writing Help

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Choosing the Best Act Essay Samples

Choosing the Best Act Essay SamplesGood act essay samples are abundant for all to look at. Many students use their homework paper to research topics that they may be interested in. You could also find various topic guides that will help you pick one that's suitable for your own needs. If you are currently in school, this would be the best idea.There are various ways of selecting the best act of writing samples for your own act. One is to see if it's a part of your coursework and can be taken to class. This way, you'll have all the freedom to choose and that's what counts.Second option is to find a good source of quality act essay samples. Do research online for both easy and difficult to find examples. You should be able to pick out some sample topics that really interest you and let you research accordingly.The third option is to ask a friend to help you out. You could use some ideas to create a topic or you could even pitch in with your own. Ask him or her what they would do if you were to write a paper like this.The fourth option is to read different act essay samples in magazines or newspapers. If you can do that, you would have a fair idea of what other people are doing. This way, you would have an idea of how you would go about writing a paper like this.The fifth option is to get the act essay samples from your professor or teacher. They are more likely to be the best source, since they are likely to know exactly what kinds of act papers other students are writing and then giving them their best. Besides, they would be able to see how the topic flows and is laid out.The sixth option is to actually write the act as it is taught by the act teachers themselves. As you may already know, many act teachers tend to come across as way too eager to explain their concepts to students. Hence, you need to ask them for a writing sample that's suitable for you.