scholarly journals EXPERIENCE OF NORTH AMERICAN SPECIALISTS ON RESEARCHES OF PHOTOGRAPHIC PRODUCTS AS OBJECTS OF THE COPYRIGHT

2017 ◽  
Vol 17 ◽  
pp. 373-381
Author(s):  
I. О. Struk ◽  
M. M. Kalinichenko ◽  
Yu. S. Harabuga
Keyword(s):  
Intellectual Property ◽  
North American ◽  
Analytical Techniques ◽  
The United States ◽  
Fair Use ◽  
Easy Access ◽  
Court Case ◽  
Expert Committee ◽  
Associated Press ◽  
Expert Commission

In the modern epoch of digital techniques the photographic works gained considerable popularity and widespread use through the Internet. Because of easy access to the high- quality digital copies of photographs, unfair individuals in their business activities often use copyrighted photographic works without a license from the authors or copyright holders. Taking into account the actuality of this problem for the Ukrainian authors and national legal system, considering the prospect of establishing the High Specialized Court for Intellectual Property, and also in view of the urgent need of creating an adequate official technique for the research of photographic works as intellectual property objects, the experience of the United States specialists who studied the materials of court cases concerning infringement of copyright to the photographic works, has a significant practical value to the forensic experts of our country. Review study of the high profile case «Shepard Fairey v the Associated Press», known as «The Hope Poster case», as well as the conclusions of the expert commission, allows to consider main analytical techniques of research on photographic works as intellectual property objects, which have entered into the range of research means of modern North American court experts. The expert committee for this case reached the following conclusions: the photograph of B. Obama, created by photographers from the agency «Associated Press», cannot be considered as an original work; the graphic work under the title «The Hope Poster» authored by Sh. Fairey was found to be a variation of the photographic work of «The Associated Press»; in consideration of the low level of creative «transformativeness» of the image in the work of Sh. Fairey, his poster does not meet the conditions of the «Fair Use Doctrine». The findings of the experts forced the parties of court case to sign a conciliation agreement on such terms which are still not disclosed.

scholarly journals Pornografía no consentida: alternativas en el ordenamiento jurídico de la propiedad intelectual de Estados Unidos

2020 ◽  
Vol 13 (00) ◽  
pp. 141-169
Author(s):  
Fredrick Vega Lozada
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Legal System ◽  
North American ◽  
United States Of America ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Electronic Communications ◽  
Privacy Act

Non-consensual pornography is an act of violence that undermines the dignity, reputation and honor of people. This research presents some of the existing legal alternatives to face these acts of violence with intellectual property law, specifically with copyright. This research is based on the legal system of the United States of America, the United States Copyright Law of 1976, the Electronic Non-Theft Act of 1997, The Communication Decency Law of 1996, The Electronic Communications Privacy Act of 1986, the Digital Millennium Copyright Act of 1998 and the exceptions and clarifications presented by the jurisprudence. The investigation concludes that there are alternatives available to victims of these acts of non-consensual pornography. However, to make North American copyright remedies accessible to victims, it is recommended to amend some of the current Acts analyzed.

scholarly journals LEADING NORTH AMERICAN METHODS OF RESEARCH ON CHARACTERS AS OBJECTS OF INTELLECTUAL PROPERTY (ON THE BASIS OF MATERIALS OF USA FORENSIC EXPERTS)

2018 ◽  
Vol 18 ◽  
pp. 512-518
Author(s):  
I. O. Struk ◽  
M. M. Kalinichenko
Keyword(s):  
Intellectual Property ◽  
Forensic Science ◽  
North American ◽  
Evaluation Criteria ◽  
Legal Protection ◽  
Objective Evaluation ◽  
The United States ◽  
Wide Range ◽  
History Of ◽  
Analytical Tools

Characters as a component of visual and audiovisual (as well as literary) works are among the objects of intellectual property and are subject to legal protection. The task of a forensic expert is to empirically determine the characters independence level according to objective evaluation criteria that are not presented in corresponding official methods. In the present article the history of the creation and specific features of leading scientific and methodical means and research practices of characters examination as objects of copyright which became significant spread in the modern analytical practice of North American specialists in the forensic science are briefly reviewed. Thanks to efforts of leading North American forensic science in the field of characters protection as objects of intellectual property, several professional methods have been developed and tested at the same time over past few decades and are actively used in court practice. General review of two main methodological tools that are used most often is presented in this article that purpose and task is to generalize and critically analyze the main scientific and methodological concepts of North American forensic experts which are applied in the process of studying the facts of characters use as objects of copyright. Main scientific methodological "tests" used by of the United States forensic experts ("test for a sufficient level of creative expressiveness" and "test of characters embodying essential features of the work") are considered. While general research on examined methodological materials, productive analytical tools were detailed that are worthy of being included in the arsenal of modern Ukrainian forensic science. However, their effective practical application by domestic forensic experts requires a careful critical attitude, appropriate approbation, application of a wide range of research and methodological approaches.

scholarly journals DOCTRINE OF “FAIR USE” OF FINE ART WORKS IN THE ANALYTICAL PRACTICE OF NORTH AMERICAN FORENSIC EXPERTS

2016 ◽  
Vol 16 ◽  
pp. 350-356
Author(s):  
M. M. Kalinichenko
Keyword(s):  
North American ◽  
The United States ◽  
Fine Art ◽  
Fair Use ◽  
Practical Significance ◽  
Legal Doctrine ◽  
The North ◽  
Art Works ◽  
Methodological Approaches ◽  
Analytical Practice

The paper presents some of the main provisions of North American methods for examining the works of fine art as objects of intellectual property in the context of the legal doctrine of "fair use" on the basis of the resonant case "Patrick Carey versus Richard Prince". The emphasis is placed on practical significance of the considered scientific and methodological approaches for modern Ukrainian forensic experts. The critical analysis is given for some specific features of the North American methods, which are controversial among lawyers and experts of the United States of America.

scholarly journals CLASSIFICATION OF CHARACTERS AS OBJECTS OF COPYRIGHT (EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS)

2018 ◽  
Vol 18 ◽  
pp. 519-524
Author(s):  
M. M. Kalinichenko ◽  
I. O. Struk ◽  
Yu. S. Kharabuha
Keyword(s):  
Intellectual Property ◽  
Forensic Science ◽  
North American ◽  
The United States ◽  
General Definition ◽  
Modern Culture ◽  
Starting Point ◽  
Principles And Standards ◽  
Methodological Guidelines

The proposed article provides a general definition of the main scientific and methodological concepts of North American forensic experts. Currently this definition is actively used while classifying characters as objects of copyright for further research on facts of their possible unauthorized use. This problem is important for Ukrainian forensic experts who increasingly have to research on case materials concerning characters abuse. Leading theorists of forensic science on intellectual property in the United States of America use a comprehensive methodology for classifying characters as objects of copyright, distributing all research objects into two main categories: so-called "ordinary" (or "stock", "plain") characters and "round" characters. This classification of characters is a kind of starting point for all following researches and analytical comparisons that North American forensic experts have to perform while reviewing case materials regarding illegal use of intellectual property. Need for appropriate classification of characters in the context of conducting examinations in the field of intellectual property protection is directly related to their growing role (therefore their commercial value) in modern culture. According to statistics of judgments the number of claims for copyright protection for various works of art is increasingly reduced to protecting copyrights on characters who are considered as self-sufficient, independent objects. Considering the fact that Ukrainian specialists do not yet have enough formal methodology that will determine the generally accepted principles and standards of research on characters of intellectual property, scientific and methodological guidelines of foreign analysts can be a useful source of up-to-date information on the most effective practices of modern forensic science of the world level.

Benjamin Henry Latrobe and the nomenclature of two North American fishes

1987 ◽  
Vol 14 (1) ◽  
pp. 85-88
Author(s):  
CHARLOTTE M PORTER
Keyword(s):  
United States ◽  
North American ◽  
The United States ◽  
American Shad ◽  
New Name ◽  
The Common ◽  
Fish Louse

A curious error affects the names of three North American clupeids—the Alewife, American Shad, and Menhaden. The Alewife was first described by the British-born American architect, Benjamin Henry Latrobe in 1799, just two years after what is generally acknowledged as the earliest description of any ichthyological species published in the United States. Latrobe also described the ‘fish louse’, the common isopod parasite of the Alewife, with the new name, Oniscus praegustator. Expressing an enthusiasm for American independence typical of his generation, Latrobe humorously proposed the name Clupea tyrannus for the Alewife because the fish, like all tyrants, had parasites or hangers-on.

Protecting User Interfaces

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
User Interfaces ◽  
Patent Protection ◽  
The United States ◽  
Graphical User Interfaces ◽  
Unfair Competition ◽  
European Patent ◽  
Intellectual Property Rights Protection

This chapter examines the scope of protection to which graphical user interfaces may be eligible under various intellectual property rights: namely, trade marks, unfair-competition laws, design rights, copyright, and patents. It first considers the extent of copyright protection over a software product’s ‘look-and-feel’ elements, with particular emphasis on graphical user interfaces protection under US and EU laws. It then discusses trade-mark, trade-dress, and unfair-competition protection for graphical user interfaces, along with intellectual property rights protection for design patents and registered designs. Finally, it describes the patent protection for graphical user interfaces in the United States and at the European Patent Office.

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