Description Of The Piece Of Legislation Discussion Help

Description of the Piece of Legislation

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

How theLegislation 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 PropertyOrganization permit the enforcement of this law for copyrights protectionoutside of the United States. Several jurisdictions allow the issuance ofcertain copyrights to other people other than the creator of the work(Samuelson, 2003). The emergence digital technologies and social media resultedin occasions where the copyright acts require further legal interpretation inreal life scenario. The new digital technologies and social media platformsmake it easy for users to share and rework copyrighted contents thereby posinga threat to the enforcement of copyright laws. Businesses who depends on thecopyrighted works have been the primary advocate for the extension of thecontent of the act to other social media and new technology.

HowSocial Media Might Contribute to Intellectual Property Theft

    The extension of the copyright law to social media and new technologieswill help protect industries such as the entertainment industry. Free use,copying, and distribution of artistic contents amount to both privacy anddigital copyright infringement. Merges (2000) noted that the “DigitalMillennium Copyright Act (DMCA), criminalize the production and disseminationof technology, devices, or services intended to circumvent measures (commonlyknown as digital rights management, or DRM) that control access to copyrightedworks. It also criminalizes the act of circumventing an access control, whetheror not there”. The additions of DMCA to the copyright act gave a statutoryright to creators for their creations whether it is available online orprovide. By so doing, the individuals and organization who creates copyrightedmaterials are motivated to produce more items since they know their creationswill 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 identifyingwhen copyright violations are taking place through their platform?  Shouldthey be held responsible if files are being illegally shared on their site, oris it sufficient for them to take down materials that violate the law once theyare made aware of them? 

A friend of mineposted a video on Facebook of her little boy singing a Nirvana song, and shementioned Nirvana in the name of the video, and it was taken down by Facebookwithin 24 hours. Other people have posted similar things but they have not beenremoved, but they also did not name the band/singer in the name of thevideo.  Should it be Facebook’s responsibility to look for theseviolations, 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 APAformat with At least two reference…..

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