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Writers and copyright:fair or unfair--论文代写范文精选

2016-03-11 来源: 51due教员组 类别: 更多范文

51Due论文代写网精选essay代写范文:“Writers and copyright:fair or unfair” 一方面人们可能明白他们在剽窃,但可能不确定某些类型和责任。媒体关注的著作权侵权案件,在电影和音乐领域,毫无疑问意识到免费下载音乐,未经许可复制是违法的。这篇社会essay代写范文探讨了版权方面的公平性。显然,这个问题并不一定是缺乏法律知识,事实上,侵权人也不同意。知识产权法律的反对者版权法,创建专利权。音乐CD的成本大约是15美元,这是明显高于所需的数量制作和发行音乐。

显然,对于部分教育系统,虽然不能指望学校是完全为学生的行为负责,他们可以尝试传达正确的方式改变。整个教育系统必须了解和尊重法律,可以带来严重的影响和混乱。下面的essay代写范文进行阐述。

Abstract
While much ignorance about IP laws, their limits, and restrictions exists, so does a great deal of awareness of the truth. This means that, on one hand, people may know they are plagiarizing work, but may not be certain about some types of work and the extent of their culpability. With the amount of media attention focused on copyright infringement cases in the film and music worlds, no doubt the average college-educated person is aware that downloading music for free or copying an author's original work without permission is illegal. So clearly, the issue is not necessarily a lack of knowledge of the law, but the fact that the infringer disagrees with the law. In the recent past, a number of individuals, including high school and college students, have been charged with piracy of books, music, movies, and other media. 

While many of those charged admitted they did commit to copying the work, they claimed that their actions were not wrong. The detractors of IP laws state that the copyright laws create a monopoly for, say, the music producers and that these producers then grossly overcharge customers for listening to the music. A music CD costs about $15, and this is significantly higher than the amount needed to produce and distribute the music, which means it is making the producers -- who have done nothing to create the work -- extremely wealthy. The same logic works for any medium of publication of IP. Students sometimes claim their actions level the playing field. But how does this affect the education system? 

Clearly, some part of the education system is responsible for producing a healthy respect for the law and integrity in the student body. While the schools cannot be expected to be solely answerable for the actions of their students, they can attempt to convey to them right ways to change laws they consider unfair. Additionally, schools need to (1) explain the creativity and reward theory and (2) bring an understanding to students and faculty that the creator should be entitled to control the copyright to work. Finally, the entire education system must learn about and respect the laws of the country and of creators in all parts of the world, simply because, agree with them or not, these are the laws of society and breaking them can bring severe repercussions and chaos. Protest must be organized and lawful. In order to accomplish this, many universities have formed university or educator-led organizations that work toward more allowances for education institutions and faculty.

A landmark case in the area of fair use in education was decided on March 22, 2007. A Stanford University acting professor of English, Carol Shloss, supported by Stanford Law School's Fair Use Project, the Center for Internet and Society, and the Cyberlaw Clinic, filed a case on June 12, 2006 against the estate of James Joyce, controlled by the grandson of Joyce, Stephen James Joyce. Shloss, an eminent Joycean scholar, asked the court for the right to use quotations from Joyce's published and unpublished work on her scholarly website about him. She had filed the case because, while authoring a book about the daughter of Joyce, Lucia Joyce, and the impact she had on her father's work, Schloss ran into repeated conflict with the Joyce estate over the right to use copyrighted material belonging to the estate. 

The estate refused the right to use any of the material or quote from it in any way and threatened Shloss with an infringement suit if she used it. Finally, in 2003, Shloss was forced to publish her book, Lucia Joyce: To Dance at the Wake, without many evidentiary passages and quotes she originally intended to include. Dissatisfied with this, Shloss created a website to supplement her book and included on it the deleted material. She made this site available only to IP addresses in the U.S. and password protected it, because the Joyce estate threatened legal action if it were made public. At the time the case was filed, attorney Lawrence Lessig, Director of the Stanford Center for Information and Society, said, "Shloss's book and website are not copies of, nor substitutes for, Joyce's works. 

Accordingly, her work is not the kind that copyright law seeks to prohibit. Instead it is the kind of scholarly, critical work that is protected, and that should always be protected, by fair use" (Stanford Law School News Center 2006). Shloss claimed the copyrighted material was used in a transformative manner, which is allowed by the U.S. Copyright Law and comes under the fair use doctrine. ‘Transformative' use implies that value has been added to the copyrighted material and it has been transformed by the addition of new meanings, insights and information. 

When the Joyce estate settled the case, the scholar and her supporters won the right to use the material. Shloss now has permission to use the literary work online and in print in a court-enforceable agreement. After the settlement, Shloss commented, "I fought…for the freedom to consider what happened to them [Lucia and James Joyce] and for the freedom of others to respond to my ideas. 'Fair use' exists to foster this liveliness of mind; its measure is in transformation not in a restrictive counting of words" (Stanford Law School News Center 2007). Lessig said, "This is just the first of a series of cases that will be necessary to establish the reality of creative freedom that the 'fair use' doctrine is intended to protect in theory. We will continue to defend academics threatened by overly aggressive copyright holders, as well as other creators for whom the intended protections of 'fair use' do not work in practice" (Stanford Law School News Center 2007).

Conclusion 
It is clear a deeper understanding of the laws associated with IP is essential in the education community. While some may disagree with the laws or pursue their rights through enforcement, no one can afford to ignore the issues surrounding copyright and intellectual content. Through knowledge will come power, and spreading awareness will lead to lawful and fuller usage of allowances such as fair use and the responsibility users have toward their source material and the creators or owners of that material.(论文代写)

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