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.

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 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 Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

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.

Types of Political Discourses and Their Classification

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Givi AMAGHLOBELI
Keyword(s):  
Narrative Discourse ◽  
General Definition ◽  
Future Research ◽  
Mental Picture ◽  
Political Discourses ◽  
Starting Point ◽  
The Subject ◽  
Definition Of ◽  
The Given

The aim of the given work is to identify and classify the types of political discourses that (may) exist in any particular society. Compared to existing definitions and classifications, our purpose serves a practical goal of schematic classification of political discourses. The article intends to give a starting point for a general classification and typology that will be elaborated within the framework of future research, as typology of discourse specimens is the least developed area of the field (van Dijk, 1997). Definitions/typologies that have been made until now are more of a theoretical character and, therefore, it would be useful to create more concrete mental pictures (expressed in the forms of schemata) that will enable us to operate easier with the concepts discussed while studying the subject. The article starts with the general definition of the term(s) and links the concept of discourse to other concepts like narrative, frame, ideology, discursive strategy. As we try to show the ideology/narrative/discourse link, formulation of corresponding schemes also gain importance in order to have a clearer mental picture of the above mentioned correlation. In parallel with the above mentioned points we also emphasize correlation between the dominant / secondary discourses with specific focus on ideological differences/power struggle. 

Classification of Bicycle Traffic Patterns in Five North American Cities

2013 ◽  
Vol 2339 (1) ◽  
pp. 68-79 ◽  
Author(s):  
Luis F. Miranda-Moreno ◽  
Thomas Nosal ◽  
Robert J. Schneider ◽  
Frank Proulx
Keyword(s):  
San Francisco ◽  
North American ◽  
Urban Form ◽  
The United States ◽  
Traffic Patterns ◽  
Day Of The Week ◽  
Volume Characteristics ◽  
American Cities

This study used a unique database of long-term bicycle counts from 38 locations in five North American cities and along the Route Verte in Quebec, Canada, to analyze bicycle ridership patterns. The cities in the study were Montreal, Quebec; Ottawa, Ontario; and Vancouver, British Columbia, in Canada and Portland, Oregon, and San Francisco, California, in the United States. Count data showed that the bicycle volume patterns at each location could be classified as utilitarian, mixed utilitarian, mixed recreational, and recreational. Study locations classified by these categories were found to have consistent hourly and weekly traffic patterns across cities, despite considerable differences between the cities in their weather, size, and urban form. Seasonal patterns across the four categories and in the cities also were identified. Expansion factors for each classification are presented by hour and day of the week. Monthly expansion factors are presented for each city. Finally, traffic volume characteristics are presented for comparison purposes.

scholarly journals ANOTHER TRADITIONAL ARCHITECTURE IN CANADA AND THE USA: EXPLORING SOME UNIQUE CONSTRUCTIVE TECHNIQUES

2020 ◽  
Vol XLIV-M-1-2020 ◽  
pp. 49-56
Author(s):  
V. La Spina
Keyword(s):  
United States ◽  
North American ◽  
The United States ◽  
Traditional Architecture ◽  
Wooden Frame ◽  
The North ◽  
The Usa ◽  
American Architecture ◽  
The Individual

Abstract. Generally, in the traditional architecture of Canada and the United States, wood has been used as the main and almost exclusive material for the construction of the buildings of early settlers as it was abundant in the area. Thus, log cabins or wooden frame houses and cottages have become the chief representatives of traditional Canadian and North American architecture. However, wood was expensive or not always at hand in some parts of both countries, so that other materials such as earth, stone, and lime or gypsum were used by the new settlers to build the first constructions. Consequently, different constructive techniques associated with these materials are found in their traditional architecture, some even imported from Europe, with specific links to the individual places of origin of those who built the buildings. This paper aims to provide an initial overview and classification of the use of other materials and other constructive techniques which are also characteristic of a part of traditional architecture common to both Canada and the North of the United States: It also offers an exploration of different specific individual examples including stovewood constructions, sod houses (soddies), and cobblestone structures.

scholarly journals Literary canon studies: methodological guidelines

Literatūra ◽  
2019 ◽  
Vol 61 (1) ◽  
pp. 11-24
Author(s):  
Viktorija Šeina
Keyword(s):  
Literary Criticism ◽  
Cultural History ◽  
The United States ◽  
Political Elite ◽  
Future Generations ◽  
Macro Level ◽  
Literary Canon ◽  
Canon Formation ◽  
Starting Point ◽  
Methodological Guidelines

The article presents for the Lithuanian audience an interdisciplinary approach of literary canon studies that integrates diverse methods of various disciplines (sociology of literature and culture, literary and cultural history, teaching of literature, text reception and aesthetic response history, memory and media research and bibliography studies). The most intense development of literary canon studies can be observed in Western Europe and the United States in the last decade of the 20th century. This was due to the fact that the scholars engaged in the field of postcolonialism, gender studies and neo-Marxism gave it a strong impulse by initiating a debate about insufficient representation of some social groups (women, racial or ethnic minorities and people from lower social strata) in high school curricula in the USA. The debate was expanded into theoretical polemics of whether the canon is formed by means of objective aesthetic criteria or, on the contrary, canon depends on the social contract. Methodologically, investigations of literary canon that are genetically related to the tradition of sociology of culture seem to be the most productive, while this perspective provides an apparatus for a detailed investigation of relations between specific interests of literary field and wider national, social or group interests.The framework of this article is based on the studies of John Guillory, Renate von Heydebrand and Simone Winko. Their essential starting point is the understanding of the canon as a sociocultural process in which the political elite selects a corpus of significant texts in accordance with tradition and formulates practices that ensure the transmission of those texts for future generations. Therefore, canon formation turns to be a strategy based on complex relations of evaluation, cognition and actions that aims to conserve this selected knowledge and transmit it to future generations. The structure of the canon is directly related to the notion of literature and literariness; a society (or its group) defines its canon by considering what they recognize as valuable.Unlike religious canons, which can only be constructed by theologians, there are a lot of canonizing institutions (schools, universities, literary criticism, theatre repertoire, book market, libraries, etc.) involved in the formation of literary canons. They do not create any well-balanced system of the canon but rather conduct diverse practices of canonization. We can distinguish a micro and macro level in the process of canon formation. The micro level contains a lot of separate actions of canonization that propel the canonization process which enables the canon formation at macro level. Origin, stabilization and transformation of literary canon are multidimensional processes, thus it is essential not to lose sight of the interaction of separate dimensions.

The Taxonomy of Legal Systems under Effect of Globalization: Classification of China and the United States

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Lukas Frederik Müller
Keyword(s):  
United States ◽  
Comparative Method ◽  
The United States ◽  
State Sovereignty ◽  
Legal Systems ◽  
Starting Point ◽  
Legal Globalization ◽  
The Impact ◽  
Legal Consequences

AbstractThis article examines the scope and nature of current global legal transformations as a result of economic globalization. It takes the idea that legal systems are already by nature highly impacted by economical, political, and societal developments as a starting point and continues to discuss in particular the legal consequences of economic global assimilation and the widespread decline of state sovereignty. Following these ideas, the article discusses how the current substantial legal transformations will affect the comparative method of classifying the legal systems of the world and suggests a modern, unbiased, and flexible model of taxonomy that is suitable to display the ongoing economic and legal globalization trends beyond Euro-American centrism. On the basis of this model of taxonomy, this article considers the classification of the United States and Chinese legal system and evaluates the historic factors that have formed them. In particular, special emphasis is directed towards the impact of professional, political, and traditional social norms and the degree of state sovereignty for each that led to the development of their respective legal systems today.

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