Determining Copyright Infringement Case Study Example | Topics and Well Written Essays - 2000 words

Determining Copyright Infringement - Case Study Example A general trend that emerges is that even in instances where copying of original works have been found, a remedy will lie only when infringement is substantial and this has been conditional on the criterion of quality rather than quantity in determining the value of material so infringed. However, legal boundaries have been more clearly established in other countries such as the United States, while in the UK, judgments appear to be on an ad hoc basis providing no legal certainty or consistency, hence the level and delineation of copyright appears indeterminate. Moreover, another aspect that arises in this context is whether such protection as afforded under the Act is adequate in a digital environment where copying is facilitated since the online environment is so structured that a page can be copied without leaving a trace and footprints of the pirate are difficult to track. Although criticisms have been leveled against the recommendations offered by Gowers after an IP review to restrict extensions of copyright on sound recordings, nevertheless this review has highlighted the need for greater flexibility and balance in the IP system, thereby underlining the fact that the current laws may not offer adequate scope to precisely define limits determining infringement. It may be noted that no precise formula can be pinpointed in the Courts’ decisions on what constitutes infringement. Petersen J set out a rough test for a remedy to be provided for infringement of copyright as follows: â€Å"What is worth copying is prima facie worth protecting.†Ã‚  In order to determine whether or not an infringement of copyright in a work has actually taken place, courts first of all try to define copying by determining whether the alleged items or incidents infringed are ideas or expressions. Copyright protection does not extend to mere ideas on which there ca n be no copyright, but to â€Å"sufficient substance of literary protection.†

Truman Capote Research Paper Example | Topics and Well Written Essays - 750 words

Truman Capote - Research Paper Example I was obsessed by it†Ã¢â‚¬â„¢ (69). 2. Works, contributions to literature and Popularity Capote went to live with his mother and step father in New York in his mid teens because of this uprooting from a town to the city and change of atmosphere in general Capote faced a lot of hardships in settling down. Consequently he left school and took a job in The New Yorker Magazine and with in a few years the young flourishing writer caught the attention of Bennett Cerf who was a publisher. Capote’s short story Miriam got him a contract with Random House. From there his road to success and fame was easy and it also led him in to the heart of the elite and the higher social circles of New York. Another reason for this entry was that he had an open and friendly manner because of which he was always able to make friends easily. His acclaimed short novel Breakfast at Tiffany’s also takes inspiration from his experiences and the time he spent in the cream of these elite social circles. Moreover this particular novel was also made in a film which further shows the extent of Capote’s popularity. Capote always said in 1978, ‘I had to be successful, and I had to be successful early’ apparently the author was able to fulfill his dream to the dot. He is considered to be the pioneer who introduced a new genre in the field of literature i.e. the Nonfiction Novel. This new genre of literature deals with the depiction of character and stories that were inspired from and are related to or about the people surrounding the writer. Although Capote gained a lot of popularity amongst his fans for such a depiction of the elite society in his works however this also earned him hatred and condemnation from his friends and family as also stated, ‘Capote's natural talent for weaving truth with fiction and his unflinching descriptions of his friends soon led to his rapid descent in popularity in the social circles he had worked so hard to adoptâ€℠¢ (capotebio.com). Capote’s novel ‘In Cold Blood’ was his first and the most famous nonfiction novel. This novel is about the clutter murders in the Kansas state for this particular novel Capote did a lot of research and he interviewed a lot of people to retain the novel’s originality. His ability to befriend others easily was an additional help for his research because due to his friendly manner people always confided in him easily. This amalgamation of journalism and literature produced a fantastic piece of literature that was extremely liked by the readers and the critics in general. As Willis also states, ‘Capote said, â€Å"This book was an important event for me†¦I wanted to produce a journalistic novel, something on a large scale that would have the credibility of fact, the immediacy of film, the depth and freedom of prose, and the precision of poetry†Ã¢â‚¬â„¢ (94).However some of the critics also gave negative feedback as Krebs al so states, ‘The critic Kenneth Tynan took Mr. Capote to task for being too strictly a reporter and not making an effort to have the killers' lives spared. Although Capote was a recipient of mixed praise from the critics in his life he only wrote 13 volumes most of which were short novels. Some of the critics thought that he had talent although he did not put it to good use. Krebs also states, ‘his old friend John Malcolm Brinnin, he failed to join the ranks of the truly great American writers because he