Description-of-the-Piece-of-Legislation-discussion-help-

Description of the Piece of Legislation

     Intellectual property laws are created to protect the rights of creators of original works. The essence of enacting intellectual property laws is to promote national economic growth through the innovation, invention, and artistic expression. The legislative arm of the United States government has passed several laws to protect intellectual property rights of every creator, innovator, inventor and artist in the country. I have chosen the U.S. Copyright Act, 17 U.S.C. §§ 1 et seq. (as amended December 2003) as the intellectual property legislation for this discussion post. This law gives the creator of an original work exclusive rights to the creation for a specified period (Samuelson, 2003). The context of the copyright is to give creators of original works the right to copy, right to be credited for the work and right to determine adaptation and performance of the work and category of people to who are to benefit from any financial gain that comes from the work. It is pertinent to note that copyright is an intellectual property form that similar to the trademark, patent and trade secrets.

How the Legislation May Be Applied in a Social Media Forum

     The U.S. Copyright Act, 17 U.S.C. §§ 1 et seq. (as amended December 2003) is for the protection of intellectual property within the United States. However, international agreements through the World Intellectual Property Organization permit the enforcement of this law for copyrights protection outside of the United States. Several jurisdictions allow the issuance of certain copyrights to other people other than the creator of the work (Samuelson, 2003). The emergence digital technologies and social media resulted in occasions where the copyright acts require further legal interpretation in real life scenario. The new digital technologies and social media platforms make it easy for users to share and rework copyrighted contents thereby posing a threat to the enforcement of copyright laws. Businesses who depends on the copyrighted works have been the primary advocate for the extension of the content of the act to other social media and new technology.

How Social Media Might Contribute to Intellectual Property Theft

     The extension of the copyright law to social media and new technologies will help protect industries such as the entertainment industry. Free use, copying, and distribution of artistic contents amount to both privacy and digital copyright infringement. Merges (2000) noted that the “Digital Millennium Copyright Act (DMCA), criminalize the production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management, or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there”. The additions of DMCA to the copyright act gave a statutory right to creators for their creations whether it is available online or provide. By so doing, the individuals and organization who creates copyrighted materials are motivated to produce more items since they know their creations will be proceeded by the law.

References:

Merges, R. P. (2000). One Hundred Years of Solicitude: Intellectual Property Law, 1900 – 2000. A Case. California Law Review, 2187- 2240

Samuelson, P. (2003). DRM {and, or, vs} the Law. Law Communications of the ACM 46(4), 41-45.

“ To what extent should social media sites be responsible for identifying when copyright violations are taking place through their platform?  Should they be held responsible if files are being illegally shared on their site, or is it sufficient for them to take down materials that violate the law once they are made aware of them? 

A friend of mine posted a video on Facebook of her little boy singing a Nirvana song, and she mentioned Nirvana in the name of the video, and it was taken down by Facebook within 24 hours. Other people have posted similar things but they have not been removed, but they also did not name the band/singer in the name of the video.  Should it be Facebook’s responsibility to look for these violations, or simply to remove them if someone reports it?” 

Respond to the bold paragraph ABOVE based on the original post that is not highlighted… in APA format with At least two reference…..

 

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