Copyright Law Protects Functional Products, Processes, And...

Introduction â€Å"Intellectual Property†(IP) provides an intangible property rights protecting a product or creations, and regulates the uses of different sorts of ideas and insignia such as industrial design, literature, and artistic works inclusive of symbols, names and images. It is enforced by means of patented inventions, copyrights and trademarks where each protects distinct subject matter and promotes a unique social goal. Patent law protects functional products, processes and designs. The inventions must be new, useful, and non obvious to a person skilled in the relevant art. Copyright law protect expressive works where it has to be original, incrementally creative, and fixed in a tangible medium of expression.†¦show more content†¦During this time, some European countries managed without any patent law. Arguably, the first modern patent law is the 1836 United States Patent Act which enforced that all applications had to be examined by the government pate nt office for novelty and usefulness in a non-discriminatorily manner. Similar examination system is the German Patent Act of 1887 . As adopted by most countries, invention that is considered against to public order or ethics can be exclude, such as prohibiting the patenting of inventions concerning luxuries, medicines, articles of food, or chemical products. Historically, copyright’s originated during Renaissance in Italy. But, the English Statute of Anne of 1710 is the most famous early copyright law and seen as the origin of the copyright law. It provides statutory protection in books and other writing as it explicitly introduced the concept of an author being the owner of the copyright. Designs and Trademarks are new categories of intellectual property law and are subjected to more recent statutory protection. Types of Theory There are many theories, arguments or justification available for Intellectual Property rights. However, five basic arguments can be use namely natural rights arguments, reward arguments, incentive arguments, neoliberal economics and arguments from democracy. This essay will focus on the natural rights arguments. Natural Rights

The First Amendment Speaks On The Freedoms Of Religion

Hannah Bing Judy Hatcher WRIT 3037 17 October 2016 Free Art The First Amendment speaks on the freedoms of religion, speech, press, assembly and petition; so important, they found their place in the US Constitution. Even with these freedoms meaning so much to the majority of America, somehow today we still encounter differences in political and religious views that seem to provoke people to act violently against a piece of art or even physically against the artist that created it such as in the recent case of artist Illma Gore. Often the violent action of destroying a work of art is â€Å"more offensive† than the image itself. We should allow artists free reign of subject matter as well as style and work together to prevent art desecration and violence through education of the arts. Censorship is the result of the fear of art. When the fear of art turns into iconoclasm or, rejection of a valued belief system, that fear becomes lack of government funding, desecration, and physical violence. Visual artists fell through the gaps and did not receive federal support for their work until the creation of the NEA or National Endowment for the Arts in 1965. This federal program had little funding but proved a growing interest in art and art viewing from the public. This demand for art creates a demand for funds to support venues and museums so they can keep their doors open. A problem with the NEA is that they provide government funding, which prevents them from being biased aboutShow MoreRelatedThe Importance Of The First Amendment842 Words   |  4 PagesThe freedom of religion, speech, and petition are some of the rights that make up the first amendment. Before the first amendment became part of the Bill of Rights in 1791 James Madison united a series of the proposed amendments, which only twelve were approved by Congress (book). The anti-federalists sent more than 200 potential amendments to Congress because they wanted a protection for individuals that did not agree or we re against the power of the central government (book). These amendments haveRead MoreThe First Ten Bill Of Rights862 Words   |  4 PagesDecember 15, 1791, the first ten bill of rights which are the first ten amendments to the constitution went into effect. The first amendment states, â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress grievance†. This prohibits the government from establishing a religion. To Americans it is importantRead MoreI Had A Dream Speech By Martin Luther King Jr.1684 Words   |  7 Pagesimpacted the United States civilization as we know it. Our freedom of speech and the freedom to associate ourselves with who we please has helped the United States nation grow in development and tolerance. The ability to speak and act on our actions will have an effect on our posterity and how they will live and how their generation will think. Our capability to say and protest what we think was accustomed to us by the first amendment in the United States constitution’s bill of rights. Read MoreThe Bill Of Rights By James Madison835 Words   |  4 Pagesthe original 10 amendments. These amendments protect our personal freedoms and outlines the responsibility of out government. The people are the â€Å"protectors† or enforcers of these amendments. The first amendment is the most important amendment while the 3rd amendment is no longer relevant. The Bill of Rights is supposed to to guarantee American citizens certain personal freedoms and is supposed to protect citizens from police, military, and the judicial branches. The first amendment, arguably the mostRead MoreThe First Amendment : The Second Amendment1738 Words   |  7 PagesThe First Amendment The first amendment is one of the most used amendments today. Everyone in the world uses it and sometimes takes advantage of it and most times uses it when needed to. The Bill Of Rights was created on December 15th of 1779 and was created to make some rules in the future because no one had the freedom to do anything. Most were punished if they spoke their opinion, they did not even have the right to choose their own religion. But that all changed when James Madison wrote the BillRead MoreThe Constitution Of The United States Essay1618 Words   |  7 PagesThe First Amendment is arguably one of the most important amendments ever added to the Constitution of the United States. It is designed to protect four basic freedoms: the freedom of speech, freedom of religion, the right to assembly and freedom of the press. When this amendment was drafted by the founding fathers, it was done in response to some of the events that had precipitated the American Revolution. Over time, the interpret ation of these freedoms has changed as seen by various actions inRead MoreLiterary Analysis Of Freedom Of Speech1325 Words   |  6 PagesThe Freedom of Speech: A Literary Analysis of the American Identity   Ã‚  Ã‚   According to the First Amendment of the United States Constitution, â€Å"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.† The First Amendment gives Americans the right to speak their minds no matter what their ideas are, and prohibits the government from taking that right away. The freedoms of speech, religion, and theRead MoreRights and Freedoms766 Words   |  4 Pages 2013 Mr. Elliott Rights and Freedoms What would it be like if we as American citizens did not have any rights or freedoms? Thankfully we will never have to worry about thanks in regards to our founding fathers and the Bill of Rights. In this essay I will discuss which freedom in the First Amendment to the Constitution is most relevant to me personally. I will also analyze and discuss the significance of the Bill of Rights and subsequent notable amendments to the U.S. democracy. Finally, IRead MoreEssay about Bill of Rights1608 Words   |  7 Pages In 1791, the Bill of Rights, consisting of 10 amendments, was ratified into the constitution. The document’s purpose was to spell out the liberties of the people that the government could not infringe upon. Considered necessary by many at the time of its development, the Bill of Rights became the cause for a huge debate between two different factions: The Federalists and the Anti-Federalists. The Federalists were those who thought that there should be a new Union cr eated with a strong centralizedRead MoreBill of Rights: Four Freedoms1528 Words   |  7 PagesThe first amendment of the Bill of Rights to the constitution guarantees four freedoms: freedom of religion, speech, press and assembly. The Bill of Rights was passed on December 15, 1791. Since then, the freedoms have been debated, discussed, and fought and died for. Many have immigrated to America to receive those freedoms. The Founding Fathers knew what they were doing because they believed in power of ideas and debate, not censorship. The first amendment to the constitution is important because

The Love Song of Alfred J. Prufrock by T.S. Eliot Free Essays

â€Å"The Love Song of Alfred J. Prufrock† is a poem written by T. S. We will write a custom essay sample on The Love Song of Alfred J. Prufrock by T.S. Eliot or any similar topic only for you Order Now Eliot, who introduces to the readers an overwhelming question, which pertains to whether the main character, Alfred Prufrock, should overcome his indecisiveness and fear or continue in his comfortable and dull existence. Prufrock is not happy with the decisions he has made in life, and that fact is very clear, as he tortures himself with internal conflict throughout the poem. In the beginning lines of the poem, he enthusiastically invites the reader, or possibly his alter ego, on a journey in the night. However, he later describes â€Å"half deserted streets† holding â€Å"insidious intent;† this hardly paints a pleasant picture (Eliot 4,9). The streets seem to represent Prufrock’s internal debate; an internal debate that prevents him from taking action in the conflict Eliot uses to portray Prufrock’s struggle, opening up to a women. Unfortunately, Prufrock’s tendency is to have â€Å"a hundred visions and revisions,† and eventually â€Å"turn back and descend the stair† (Eliot 33,39). This refusal to act is the consequence of his apparent fear of rejection and failure. His fear is simply a product of thought as he overly calculates his life, leaving a life unlived. To justify his decision, Prufrock says that he has â€Å"known them all already,† suggesting that all the women are the same, but in making the decision to not act, he delves deeper into a depleting future with no purpose (Eliot 49). Essentially, Prufrock convinces himself that he is satisfied with a secondary role in his own life, based on the fear that he will fail and be rejected. Therefore, Prufrock answers his question in a very unsatisfying way, as he chooses to remain comfortable. How to cite The Love Song of Alfred J. Prufrock by T.S. Eliot, Papers

Media Censorship between USA and China-Free-Samples for Students

Question: Discuss about the Compare and contrast media and media censorship between USA and China. Answer: Media censorship is a subtle act of intimidation and suppression of media expression that questions or criticizes the state functioning. Media can be inappropriate for a democratic state and is an indicator of authoritarian regime. Heavy-handed censorship on press is hardly a new phenomenon and can be traced back to 1580s England. This essay is a comprehensive study of freedom of press and its censorship in two countries, USA and China. Countries that are under the tight clenches of media surveillance are Cuba, Iran, North Korea, Saudi Arabia and Tunisia. The lethality of censorship is more deep-rooted than it is apparent and the paper will precisely explore the areas like the consequences of media censorship, banning of books and suppression of free speech and expression in 21st century. Media censorship is a direct curb of democratic rights that the constitution bestows upon the people. Media censorship has a subtle chain reaction as it not only affects the particular country but d eprives the other countries of eloquent information. The thesis statement of this essay is that although freedom of print media, which is considered the fourth pillar of democracy, is vulnerable in both USA and China, China is more intolerant towards unconfined functioning of the mass media, free circulation of books and pornography in tabloids in comparison to the USA. Problem Statement: the paper revolves around the issues and crisis that has taken place in the countries U.S.A and China due to the autocratic suppression of print media, magazine and pornography in tabloid cannot be easily overlooked. The ideal solution of this scenario of systematic suppression is mass protests by the government and introduction of bills and amendments that will protect the basic rights of free printing that can influence the welfare and opinions of general mass. Unless and until censorship is abolished in the purest sense of the term economic and social oppression will continue to persist insisten tly giving rise to authoritarianism and conservatism. Media personnel are facing inhumane situations like organized violence and threatened environment in both China and USA. In contemporary times, the state of print media and democracy is under deplorable condition, for instance, in China, where a number of journalists were jailed for carrying out their duties under the presidency of Xi Jinping (Phillips 2018). In Macau and Mainland the scenario aggravated with physical tortures with pro-democracy journalists and scholars. In USA, although the constitution allows for an unrestricted flow of information to be dispersed among the public through print media, Trump administration has proliferated the number of arrested of journalists thereby damaging the free spirit of print media (Potter 2018). Gradually, with the introduction of SAPPRFT the journalists of many magazines like New York Times and newspapers Beijing News were banned. Restrictions and consequent termination of a number of journalists from their positions was also executed (Mo unk 2018). In contemporary times, the print media in China has exercised self-censorship in order to report defaming information about its police authorities and public figures like Leung Chun-Yin. Similarly in the USA, the print media has suffered major blows during Trumps regime where a number of journalists lost their jobs clearly substantiating the perils of a new administration can bring in (Mounk 2018). However, when compared to U.S.A, China is perhaps one of the worst authoritarian proprietors of violence on media as it inflicts autocracy through the organized Central Propaganda Department (Kellner 2015). In comparison with China, U.S.A is relatively tolerant towards the free spirit of press. However, there have been a number of factors contributing to a steady decline in the sovereignty of the press. Some examples of these are the several crack-downs which were executed during Obamas administration and the threatening of journalists during campaigns and rallies (Simon 2018). It certainly helps the autocratic leaders to suppress the mass in dire ignorance. If the banning on the books is considered, Governmental control of press in U.S.A and China has resulted in a hostile environment in both the countries. China has evolved to become a regime of strict authority exercising governmental control on press and thereby generating an uncooperative environment for free speech. Chinese print media have succumbed miserably under the political pressures and authorities that impose restrictions on books like Shanghai Baby, Wild Swans and Life and Death in Shanghai (Oppenheim, M. (2018). This atmosphere of hostility towards the book market, which subtly forces ban on a number of books is another instance of the states control of print media. Beijing has inserted a number of restrictions on foreign childrens books like Candy, since books are a major source of knowledge (Ross 2017). CCPs monopolistic control over the publishing houses claiming that the content of the books may threaten the security of the state is another instance of the control of free media. Prior restraint or media censorship is unconstitutional in America, on the other hand, China is unlike U.S.A in exercising dictatorial control over print media, thereby forming a sharp contrast to U.S.A and the amount of freedom which print media and publishing houses enjoy there (Jones 2018). In China there are a number of editorial guidelines that the publishing houses have to confront which has led to a ban on books by the Communist Party of China. The absence of press laws protecting freedom of speech in China for a democratic atmosphere is absent in China (Wigley and Akkoyunlu-Wigley 2017). Chinese Community Party holds a dictatorial position in this regard and was responsible for persecuting journalists, thrusting false charges on authors to curtail the link between their reporting and influencing public opinion. Likewise, in both China and U.S.A, a curb on press is a result of avoiding criticism, to keep the mass ignorant in a subtle manner. The Communist Party of China conditions its power in an authoritarian manner. In fact, like China, in America, the freedom of the press comes repeatedly under strict supervision, for instance with banning of boos like Bridge to Terabithia. The continuous control over press has made the Americans feel vulnerable in front of the colossal institutions and unquestioning power over free bodies (Wigley and Akkoyunlu-Wigley 2017). However, in the USA there is no such state power like China controlling book publication like in China. Media Consumption and power concentration is an important aspect of media censorship. The Chinese Communist Party controls media publications and dictates media consumptions and can also send the journalists behind the bars for carrying out their jobs (Lyn 2017). The Chinese Communist Party has also imposed ban on pornographic elements printed in newspapers, tabloids like Ming Pao and magazines namely in order to promote the values and practices of Communist Party of China in an unhindered manner (Beam 2018). Considering the pornography in the media, it can be said that even in China, restrictions on pornographic elements are primarily due to the negative impact that it can have on the mass (Red 2014). In sharp contrast to this, U.S.A allows a free press uncensored by government agencies acting on the behalf of people. Prior restraint is unconstitutional in America and nobody possesses the right to address press as enemies of people like Trump had (Ditum 2015). In this aspect, China is far behind U.S.A in exercising almost a dictatorial control over print media, forming a sharp contrast to U.S.A and the amount of freedom that media practitioners still enjoy over there. On the contrary, U.S.A being a democratic state has a well-formed legislative and judicial system assuring a free functioning of press, a model that can be followed by countries like China (Lyn 2017). From the above discussion, it can be summarized that democracy in the realm of free speech and print media is in sharp decline in all the countries, but more pronounced in China, and today only 13 percent of the world population enjoys free press. Censorship is the ultimate suppression of free flow of information and proliferating public ignorance. It threatens the very form of democracy and its sacred tenets. The paper analyses how freedom of press is a pre-requisite in the formation of free government and nurturing the growth of an inquisitive mind, critical faculty and open-mindedness of the citizens. In the age of globalization and advanced mode of communication media censorship is nothing less than a setback. Infringement of peoples rights by media censorship in the name of democracy is unethical and unbecoming of democracy. It can be safely concluded that a smooth interchanging of information is a matter of absolute necessity to comprehend the complex functioning of state and i ts direct and indirect influence on the common people. Print media censorship is a common phenomenon more rampant in China, where pro-democracy newspapers, tabloids and books, free printing faced condemnation and repeated attacks from government and police openly. The Chinese government has shown least involvement to promote free functioning of press, beyond the control and supervision of Chinese Community Party in comparison to the media of USA References Beam, C. (2018).Is all pornography banned in China?.Slate Magazine. Retrieved 5 March 2018, from https://www.slate.com/articles/news_and_politics/explainer/2009/06/they_know_it_when_they_see_it.html Ditum, S., 2015 I Used to Think Being Anti-Porn Meant Being Pro-Censorship. I Was Wrong. Available at: https://newrepublic.com/article/121459/why-im-against-porn-and-its-censorship [Accessed 3 Mar. 2018] Jones, S., 2018 The Notorious Book that Ties the Right to the Far Right Available at: https://newrepublic.com/article/146925/notorious-book-ties-right-far-right [Accessed 3 Mar. 2018] Lyn, D.M., 2017. The New Press Index: Varying Effects of Press Freedom and its Relation to Citizen Journalism. Mounk, Y., 2018. The People Vs. Democracy: Why Our Freedom is in Danger and how to Save it. Harvard University Press. Mozur, P., 2018 China Presses Its Internet Censorship Efforts Across the Globe Available at: https://www.nytimes.com/2018/03/02/technology/china-technology-censorship-borders-expansion.html [Accessed 3 Mar. 2018] Noam, E.M., 2016. Who owns the world's media?: media concentration and ownership around the world. Oxford University Press. Oppenheim, M. (2018).China bans George Orwell's Animal Farm.The Independent. Retrieved 5 March 2018, from https://www.independent.co.uk/news/world/asia/china-animal-farm-ban-censorship-george-orwell-xi-jinping-power-letter-n-a8235071.html Phillips, T., 2018 Ce*sored! China bans letter N (briefly) from internet as Xi Jinping extends grip on power Available at: https://www.theguardian.com/world/2018/feb/28/china-bans-the-letter-n-internet-xi-jinping-extends-power [Accessed 3 Mar. 2018] Potter, T., 2018 Pennsylvania school newspaper censored after school board member condemns homosexuality and teaching evolution Available at: https://www.splc.org/article/2018/03/elizabethtown-expression-censorship [Accessed 3 Mar. 2018] Red. P., 2014 David Cameron's internet porn filter is the start of censorship creep Available at: https://www.theguardian.com/commentisfree/2014/jan/03/david-cameron-internet-porn-filter-censorship-creep [Accessed 3 Mar. 2018] Ross, E., 2017 Why is china banning Winnie the Pooh and other foreign picture books? Available at: https://www.newsweek.com/china-ban-books-children-567565 [Accessed 3 Mar. 2018] Schroeder, R. ed., 2016. Max Weber, democracy and modernization. Springer. Shah, A., 2009. Media conglomerates, mergers, concentration of ownership.Global Issues. Simon, I., 2018 Justice for the Eight Comrades Available at: https://socialistworker.org/2018/02/28/justice-for-the-eight-comrades [Accessed 3 Mar. 2018] Sunstein, C.R. and Randall, L., 2017. Political Control Over Public Communications by Government Scientists. Wigley, S. and Akkoyunlu-Wigley, A., 2017. The impact of democracy and media freedom on under-5 mortality, 19612011.Social Science Medicine,190, pp.237-246.