The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer.…
A Copyright it the sole privilege of the owner to duplicate or allow someone else to duplicate their work. Items that can be copyrighted are anything that one creates including but not limited to literary work such as articles, stories and even computer programs. Along with any graphics, pictures, music, song lyrics, screenplays and movies can also be copyrighted by their owner or creator. If there is a question if something is copyrighted it more than likely is copyrighted and you will need permission to use it if not that is considered copyright infringement which is wrong and punishable by law. Something as simple as printing a Web page, downloading a picture, printing and image even copy the HTML, JavaScript is considered infringement and against the law. If you chose to copy code from a Web site you must show the original author respect by properly citing the material and following necessary steps. You do so by asking for permission to use their material. To use text or an image from a Web site you just need to contact the owner and explain what you would like to use the text or image for and then ask to use it. No matter if an image or text does not have a copyright notice or not it is still covered by the copyright laws, (J Kyrnin 2012)…
The Arizona State Senate voted 17-11 to pass what some people would call the country's strictest and most controversial immigration bill. It requires police to question people about their status if there's reason to suspect they're in the country illegally. The bill would also allow individual lawsuits to be brought against government agencies that hinder enforcement of immigration laws and make it illegal for employers to hire or knowingly transport illegal immigrants for daily labor. Proponents of the bill say it will aid the police in cracking down on violent offenders who cross the border illegally. The U.S. Constitution clearly assigns the federal government the responsibility to protect the states against invasion. If that duty were faithfully being carried out, there would be no need for the recently passed law in Arizona. The Constitution didn’t say military invasion, just invasion. And the millions who have broken our laws and inundated our country constitute an invasion. A large percentage of Arizona’s crime, welfare, medical costs, and narcotics problem is traceable to the illegal border crossers. How else are we to deal with the situation when practically no help comes from those assigned to cope with this problem?…
Lincoln High School seal is constitutional it must pass all three parts of the Lemon…
Jurisdiction can be used in many different ways, depending on the circumstances. It can be most basically defined as the official power to make legal decisions and judgments. Federal and state laws can limit and grant the courts jurisdiction. In order for a court's decision to be a legally valid one, it must have two types of jurisdiction: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction rules determine whether a court has power over a particular defendant, you can't just sue someone in your home state if the defendant doesn't live in your state, has never been in your state, and doesn't do business in your state. Where subject matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a…
One punch laws have rapidly changed since the beginning of this year. The one punch is often referred to as coward punch or Assault causing death if it took the victim’s life. The law is under Crimes and Other legislation Amendment (Assault and Intoxication) Bill 2014 and futher changes are to be passed down to an extent this questions the effectiveness the law has in addressing society’s needs.…
Society’s opinions are constantly, and rapidly changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society’s transitioning values – displays the changing nature of parental responsibility. Not only are society’s views progressing, but surrogacy and birth technologies are accelerating. The standard for care and protection of children is recurrently transforming. It is for these reasons that the law, “limps behind” those dynamic views of society.…
What have you learned about Managing Organizational Change (MOC) and how are you going to apply MOC concepts to benefit your career?…
This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story. The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (“U.C.C.”). INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., INC. No. 92-P-1322 APPEALS COURT OF MASSACHUSETTS 36 Mass. App. Ct. 268; 630 N.E.2d 299; 1994 Mass. App. LEXIS 274; 23 U.C.C. Rep. Serv. 2d (Callaghan) 89 December 20, 1993, Argued March 21, 1994, Decided. Also, there’s a case that expounded upon this issue and told us that a baseball bat can’t crack when it’s used normally. Otherwise, the store has to give back the money to the plaintiff. Laurence Dudzik et al.,…
Secondary sources are not the actual laws but instead, are writings about the laws ex; encyclopedias and digest, and books like our school book where we find our research. This source is used to gather information on certain cases. Secondary sources are a great way to fully understand an area of law or learn the court language. It also gives you an overall view of an area and point the research to the appropriate primary source.…
555 P.2d 696 Supreme Court of New Mexico. Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant. No. 10847.Oct. 27, 1976. Appeal was taken from an order of the District Court, Bernalillo County, Richard B. Traub, D.J., reversing a decision of the Unemployment Security Commission and awarding benefits to discharged employee. The Supreme Court, Sosa, J., held that employee’s insubordination, improper attire, name calling and other conduct evidencing wilful disregard of employer’s interests constituted ‘misconduct’ disqualifying her from receiving certain unemployment benefits. Reversed.…
Without law reform the law would struggle to uphold relevance and obtain high compliance leaving a society in a state of anarchy. The key role of law reform is to reflect the social values of a community this includes new concepts of justice, changing social values and adopting changes of new technology. Youth Justice Conferences is a law reform crucial in society as without it youth offenders would almost indefinitely become criminal offenders a second time and the state would be to blame for leading children to continue down a criminal path. The introduction of Youth Justice Conferences gives offenders the opportunity to grow from their mistakes and see things from someone elses perspective weather that’s through community service, getting a part time job or simply seeing the direct affect of his actions on the victim. Youth Justice Conferences save people from the severity of the court system and allows them a second chance. The effectiveness of the law reform in Youth Justice Conferences is seen in the video of a young boy named Joe and other youth offenders to rehabilitate them and to keep them away from the court system and from getting a criminal record. This showed the positive outcome of what law reform could do. Without law reform a society starts pressuring the law and creating rallies and protests. The Marriage Act 1961 (Cth) has a significant standpoint in society today, as same sex marriage is not permitted in Australia. This is largely in contribution to religious traditions however, ‘ the definition’ relating to The Marriage Act 1961 (Cth) which is ‘the idea of what constitutes a family’ no longer reflects social values of a significant number of Australians. Law reform is necessary in this instance as it has the power to stop people from resulting to violence. This is evident in figure 4.2 on page 79 of Cambridge legal studies text book as it shows a protest in Australia due to the lack of law reform relating to same-sex…
It could be argued that both the international and the Australian domestic legal systems have both been effective in responding to the need for law reform in modern society. There are four key conditions that have been identified as influencing the need for change to law. Both the parliament through statute law and the courts through common law have important roles to play in bringing about effective change.…
Negligence is a type of Tort law, which is a legal term that means criminal wrong, as opposed to a civil wrong, having mandatory duties for all citizens in that jurisdiction. In this law, the aims are deterrence, compensation and justice which can basically induce as protect people's bodies and property in order to make people behave properly. Negligence placed an important role in tort law system. Apart from negligence, there are certain torts that specifically protect particular areas such as Defamation for protecting individual's reputation and Trespass for protecting Land, Person as well as Goods.…
Nowadays, drug abuse is the most serious and severe problem not only in Kazakhstan, but throughout the universe. The problem in Kazakhstan is critical where there are approximately 49,984 drug addicts, as 3,071 of those citizens are children. Drug addiction is a crucial disease, and extents like a virus among children. The problem of drugs may seem impossible to circumvent, but the government is capable of preventing this problem throughout the civilization by taking authority and effective movements. Individuals are theoretically supposed to assist youth drug abusers control the routine and terminate it as soon as possible in order to ensure the healthy growth of youth and social stability. Teenagers in Kazakhstan are sufferers of drug abuse and the government should take exigent arrangements to improve this situation. This is possible by providing drug education program, making effective laws, and to produce additional medical centers.…