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Which clippings match 'Legal' keyword pg.1 of 2
01 OCTOBER 2012

Legal issues: intellectual property rights for the design industry

"Intellectual property law is made up of many elements of legal protection and a business might be concerned with any number of them. In some cases, IP ownership and its associated protection is inherent in the creation of the work and does not necessarily require further registration. Copyright is one example, which typically applies to 'artistic' works, such as books, music, software code and graphics. In other types, such as patents, registration is required. The tricky aspect is that any given design may qualify for one or more of the different intellectual property rights. Graphic design for a book, for example, would qualify for copyright, whilst the graphic elements of product packaging–such as the colours, lines or contours – might qualify for a 'registered design right', which is a different thing. The main types of intellectual property rights are: patents, copyright, unregistered design right, registered design right, trademarks."

(Design Council, UK)

TAGS

Anti Copying in Design • artistic works • book designbooksbusinesscopyright • creation of the work • Design Council (UK)graphic design • graphic elements • graphicsguide • guides for designers • intellectual property • intellectual property law • intellectual property rights • IP ownership • lawlegallegal issues • legal protection • musicownershippackaging designpatent registrationpatentsprotection • registered design right • software codetrademarktrademarksUK • unregistered design right

CONTRIBUTOR

Simon Perkins
01 SEPTEMBER 2011

Aotearoa New Zealand illegal online file-sharing laws pass

"(Apr. 18, 2011) On April 14, 2011, the New Zealand parliament passed the Copyright (Infringing File Sharing) Amendment Bill. (Press Release, Hon. Simon Power, New Regime for Section 92a Copyright Infringements (Apr. 14, 2011) [Press Release 1]; see also Copyright (Infringing File Sharing) Amendment Bill, New Zealand Legislation website (last visited Apr. 14, 2011).)

The bill establishes a new three–notice regime that seeks to deter illegal online file–sharing, replacing the previous approach that was set out by section 92A of the Copyright Act 1994. Section 92A, which was enacted in 2008 but never brought into force, would have required internet service providers (ISPs) to have, and reasonably implement, a policy for terminating the accounts of customers who repeatedly downloaded pirated material. (Press Release, Hon. Simon Power, Government to Amend Section 92A (Mar. 23, 2009); Press Release, Hon. Simon Power, Section 92A Bill Introduced to Parliament Today (Feb. 23, 2010); see also Press Release, Hon. Judith Tizard, Copyright (New Technologies) Amendment Comes into Force (Oct. 3, 2008).) ...

This regime will come into force from September 1, 2011, although it will not apply to cellular mobile networks until October 2013. (Press Release 1, supra.)"

(Kelly Buchanan, Global Legal Monitor, USA Law Library of Congress)

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TAGS

199420082011Aotearoa New Zealandcellular mobile networkscopyrightCopyright Act 1994copyright infringement • Copyright Tribunal • creative industriesdata regulationsdownloadingdownloading lawethicsfile sharing • illegal online file-sharing • infringing file sharingintellectual property • international legal news • Internet file sharing law • Internet Piracy Bill • internet service providerISP • Judith Tizard • legallegislationLibrary of Congresslicensemonitoringmusic downloadingNational (political party)new technologiesoffenceP2Ppeer-to-peerpiracypirated materialregulationremixsection 92ashare • Simon Power

CONTRIBUTOR

Simon Perkins
11 AUGUST 2011

The Republic: justice is a necessity and a requirement for civil society (in spite of the selfish potential of individual gain)

"Now that those who practise justice do so involuntarily and because they have not the power to be unjust will best appear if we imagine something of this kind: having given both to the just and the unjust power to do what they will, let us watch and see whither desire will lead them; then we shall discover in the very act the just and unjust man to be proceeding along the same road, following their interest, which all natures deem to be their good, and are only diverted into the path of justice by the force of law. The liberty which we are supposing may be most completely given to them in the form of such a power as is said to have been possessed by Gyges the ancestor of Croesus the Lydian. According to the tradition, Gyges was a shepherd in the service of the king of Lydia; there was a great storm, and an earthquake made an opening in the earth at the place where he was feeding his flock. Amazed at the sight, he descended into the opening, where, among other marvels, he beheld a hollow brazen horse, having doors, at which he stooping and looking in saw a dead body of stature, as appeared to him, more than human, and having nothing on but a gold ring; this he took from the finger of the dead and reascended. Now the shepherds met together, according to custom, that they might send their monthly report about the flocks to the king; into their assembly he came having the ring on his finger, and as he was sitting among them he chanced to turn the collet of the ring inside his hand, when instantly he became invisible to the rest of the company and they began to speak of him as if he were no longer present. He was astonished at this, and again touching the ring he turned the collet outwards and reappeared; he made several trials of the ring, and always with the same result–when he turned the collet inwards he became invisible, when outwards he reappeared. Whereupon he contrived to be chosen one of the messengers who were sent to the court; where as soon as he arrived he seduced the queen, and with her help conspired against the king and slew him, and took the kingdom. Suppose now that there were two such magic rings, and the just put on one of them and the unjust the other;,no man can be imagined to be of such an iron nature that he would stand fast in justice. No man would keep his hands off what was not his own when he could safely take what he liked out of the market, or go into houses and lie with any one at his pleasure, or kill or release from prison whom he would, and in all respects be like a God among men. Then the actions of the just would be as the actions of the unjust; they would both come at last to the same point. And this we may truly affirm to be a great proof that a man is just, not willingly or because he thinks that justice is any good to him individually, but of necessity, for wherever any one thinks that he can safely be unjust, there he is unjust. For all men believe in their hearts that injustice is far more profitable to the individual than justice, and he who argues as I have been supposing, will say that they are right. If you could imagine any one obtaining this power of becoming invisible, and never doing any wrong or touching what was another's, he would be thought by the lookers–on to be a most wretched idiot, although they would praise him to one another's faces, and keep up appearances with one another from a fear that they too might suffer injustice."

(The Republic, Plato, Internet Classics Archive)

[Plato describes a situation which I think is best understood in terms of the choice between individual and collective benefit. Where it serves our individual interests (as members and custodians of our society) to strive towards a collective ambition. In this way the recent mugging in London shows what happens when this ambition is inverted.]

TAGS

2011becoming invisiblechaoschoicecivil disobediencecivil societycivilisation • collet • fearforce of lawfree will • gold ring • Gyges • human actionhuman naturehuman willindividual gainindividualityinjusticeinvisibilityinvisible • involuntary acts • justice • keeping up appearances • lawlegallibertymagic • magic ring • moral dilemmamoralityopportunityownershipparablephilosophypiracyPlatopowerpower corrupts • ring • self-controlselfishness • shepherd • social responsibilitysuffering injusticeThe Republictheftunjustunjust power • virtue

CONTRIBUTOR

Simon Perkins
08 MAY 2009

Collaboration is the new revolution

"The cooperative spirit that infused the open source movement is now in expansive mood, as people and corporations collaborate on music, science, architecture, knowledge, video sites such as YouTube and social networks, including MySpace, Facebook and Bebo.

There is now more cause for celebration, following what is regarded as a milestone victory in the US courts last week. It probably will not mean much to anyone else but it gives added legal protection to works created using open source. Professor Larry Lessig, one of the leading internet lawyers, said: "This is a very important victory." One of the interesting things about the collaborative movement is that it is probably recession–proof, though you won't see it in economic statistics because it mostly does not involve cash transactions. Wikipedia does not appear directly in GDP or inflation figures, but it adds to our wealth and has made rival encyclopedias come down in price."
(The Guardian, Monday 18 August 2008)

TAGS

authorship • cooperative spirit • Firefox • Larry Lessig • lawlegalLinux • One Laptop Per Child • open sourceownershipremix culturesocial softwareThomas MoreUKutopiaWikipedia

CONTRIBUTOR

Simon Perkins
23 JUNE 2007

Law as a discourse framed by the world that it inhabits and creates

"if we understand law not as the sum of its rules, but as a discourse framed by the world inhabited and created by the law, then legal narratives that invoke but do not privilege legal rules can speak to the essence of law in more forceful ways?through a process that, true to law?s form, unfolds within a broader social context, and does so through the content of language."
Interdisciplinary Law & Humanities Junior Scholars Workshop 2005 (Columbia, Georgetown, UCLA & USC)

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TAGS

Cover • discourselanguagelawlegalnarrative • rule • truth
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