scholarly journals Music industry and copyright protection in the United States and China

2016 ◽  
Vol 1 (4) ◽  
pp. 390-400 ◽  
Author(s):  
David Herlihy ◽  
Yu Zhang

From the standard economic rationale, music copyright supports the rights of authors and creators to exclude competitors and the public from accessing and copying their works to the extent necessary to provide incentive to recover the investment they made in creating those works. The necessary extent in music copyright is from the interplay of three historical drivers of copyright policy—technology (which makes things possible), the market (which gives rise to consumer demand and companies delivering goods and services to satisfy those consumers), and the law (which determines the rules of the road). Due to differences in cultural traditions and historical developments, these processes have been different for the United States and China. This “In Focus” report briefly explores intellectual property and music copyright in these two countries from an historical perspective, comments on their current state, and reflects on future directions.

Author(s):  
Ana Teresa Silva Neto ◽  
Suzana Russo Leitão

This article aims to understand, analyze and compare the procedures adopted in Brazil, the United States and Portugal to register a trademark. For this purpose, bibliographic research was carried out in the Web of Science and documentary research into the three official institutions of trademark registration, namely: INPI(Brazil), USPTO(United States) and INPI(Portugal). In order to understand the adopted procedures, a simulation of the trademark application was made in the e-Marcas (Brazil), TEAS (USA) and InpiOnline (Portugal) systems. In terms of navigability, the INPI (Portugal) InpiOnline System is the easiest to navigate and is the only one that offers the "Trademark on the Spot" service on its Portal, which allows for the immediate acquisition of a trademark without the need to go through the trademark application process. On the partnership issue, the USPTO (United States) has a support network with the Patent and Trademark Resource Centers (PTRC), which are part of the national network of public, state, and academic libraries designated to support the public with trademark and patent assistance. Among the main points in common, the following were identified: the availability of online systems for applying for trademark registration; the ease of conducting prior search in proprietary systems, and the use of the Nice classification to classify goods and services. Among the main differences are the estimated period to obtain the granting of the trademark registration; the types of trademarks allowed in each legislation; and the values of the fees to apply for a trademark registration.


1991 ◽  
Vol 3 (1) ◽  
pp. 42-69 ◽  
Author(s):  
Jeffrey E. Cohen

Between 1876 and 1917, government philosophy toward telephone regulation began moving away from laissez-faire and toward some kind of involvement in economic affairs. However, while some early studies of regulation suggest business hostility to that policy, AT&T actively sought regulation, jogging government and the public in that direction. But this study is not just a restatement of the interest-group-capture theory, as offered by such economists as Stigler or historians as Kolko. Regulation resulted from the convergence of interests of many affected players, including residential and business telephone subscribers, the independent telephone companies that competed with AT&T, and the state and federal governments, as well as AT&T. I employ a multiple interest theory to account for telephone regulation, but unlike other studies using such a framework, I suggest that government is an independent actor with impact on the final policy outcome, and not merely an arena where private interests battle for control over policy outcomes, as is so common among other multiple interest studies of regulation.


2020 ◽  
Vol 27 (4) ◽  
pp. 336-343.e1
Author(s):  
Beatrice P. Concepcion ◽  
Sami Alasfar ◽  
Swee-Ling Levea ◽  
Priyamvada Singh ◽  
Alexander Wiseman

2017 ◽  
Vol 7 (4) ◽  
pp. 527-535 ◽  
Author(s):  
Reade A. Quinton

This article describes the current state of child death reviews (CDR) in the United States. The CDR process has evolved over almost 40 years from informal local meetings to a coordinated effort involving all 50 states. Child death review programs across the country vary in the level of financial and administrative support, legislation, and review processes. While there is still a long way to go in standardizing the practice between states, great strides have been made in data collection, education, and prevention initiatives.


2018 ◽  
Vol 40 (2) ◽  
pp. 107-138 ◽  
Author(s):  
Magdalena Szuster

The article is an attempt to capture improvisational theater as a modern dynamic phenomenon through analyzing its features, definitions and traits in order to characterize the genre and to systematize the current state of knowledge on the subject matter. By comparing and contrasting various aspects and notions of impro(v) in Poland and the United States, the study not only looks at the theater of improvisation through the prism of the “relocation” of the form from its original grounds and implementing it in within a different tradition, but also shows the experimental flexibility of the genre within different cultural traditions and structures. Based largely on interviews with Polish and American improvisers alike, this article is an in-medias-res case study of the contemporary improvised theater in Poland and the USA.


2009 ◽  
Vol 10 (1) ◽  
pp. 12-18 ◽  
Author(s):  
Lemmietta McNeilly

Abstract The utilization of speech-language pathology assistants (SLPAs) is increasing in the United States particularly in the public schools. The American Speech-Language-Hearing Association provides specific guidelines regarding the training, use, and supervision of (SLPAs; ASHA, 2004). The current state of affairs of SLPAs involves variable requirements across the states to qualify for SLPA credentials. The programs that educate SLPAs have variable technical and curricular requirements, and the educational requirements for regulating SLPAs also vary across the states. School-based SLPs continue to raise questions about the supervision requirements, funding, and reimbursement issues for working with SLPA in schools across the country.


Author(s):  
Scott D. Camp

This chapter focuses on the current state of practice, policy, and research related to privately operated prisons in the United States. I begin with a brief overview of the history of the rapid growth in the private sector in the United States, followed by a discussion of costs of public versus private prisons. While costs are easily quantified, assigning the proper costs to the public and private sectors has presented much controversy in previous studies. The issue of quality of correctional services provided by public versus private prisons is also reviewed, given that there is little agreement on the type of measures that allow for fair comparisons of public and private prisons. The chapter concludes with thoughts on issues facing public and private prisons in an era marked by stability or decline as opposed to rapid growth in prison populations.


2008 ◽  
Vol 31 (1) ◽  
pp. 7 ◽  
Author(s):  
Abigail J. McDermott

This paper provides a brief overview of the current state of copyright law in the United States, focusing on the negative impacts of these policies on libraries and patrons. The article discusses four challenges current copyright law presents to libraries and the public in general, highlighting three concrete ways intellectual property law interferes with digital library services and systems. Finally, the author suggests that a greater emphasis on copyright literacy and a commitment among the library community to advocate for fairer policies is vital to correcting the imbalance between the interests of the public and those of copyright holders.


Author(s):  
William R Towns

The standard for trademark infringement in the United States is ‘likelihood of confusion’. Under this standard trademark infringement occurs when, dependent on the attendant circumstances, two parties’ use of the same or similar mark with related goods and services would be likely to cause the public mistakenly to believe: (1) that the goods and services emanate from the same source; or (2) that the parties are in some manner affiliated or that the goods and services of one party have the sponsorship, endorsement, or approval of the other party. In either case, trademark law aims to protect the public from deceit, and to prevent the diversion of reputation and goodwill from the one who has created it to another who has not.


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