The term fair use is applied in copyright law to permit the limited and unlicensed use of copyrighted material without acquiring the owner's permission first. Copyright is the legal right of an individual or group to own intellectual property. Section 107 of the Copyright Act 1976 is a statute permitting fair use of the intellectual property for educational purposes, news reporting, or any other purpose that might be infringing. The four factors used to measure fair use include the character and purpose of the application, the nature of copyrighted work, the amount used and its sustainability, and the effect on the market (Stim, 2013). Using the content of a blogpost for academic purposes and presenting it as your own is an example of copyright infringement. Using the same content exactly as it is in the blogpost for other purposes and acknowledging the real author is not copyright infringement (Bailey, 2013).
The case between Universal Studios vs. Sony Corporation of America was ruled in favor of Sony arguing that home taping television shows using the Sony Betamax for noncommercial use to view at the appropriate time did not infringe on the copyright laws. An example of taping shows for family use at home for noncommercial use was presented at the court by Sony's attorneys (Madrigal, 2012). An example of a device that has been banned by the movie industry is Google glass; a smart glasses brand developed by Google. Google Glass was banned because it was considered a recording device and therefore criminalized under the piracy laws ( Goldstein, 2014 ).
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Digital Rights Management (DRM) protects intellectual property by controlling and managing the reproduction of copyrighted material. DRM controls the use of copyrighted work, hardware, and digital content. An example of hardware protected by DRM includes hard drives or compact disk drives containing digital content. An example of digital content protected by DRM includes websites and blogposts with digital content from individuals and groups such as media platforms and organizations. The Digital Millennium Copyright Act is a copyright law implementing two main provisions. One of the provisions is (World Intellectual Property) Copyright and Performances and Phonograms Treaties Implementation Act, while the second is the Online Copyright Infringement Liability Limitation Act. Free software has various benefits, including affordability, freedom, and it is user-oriented. Software patents have had a lot of controversies over the years. An example is in the case between Intellectual Ventures and Symantec (BBC, 2015). Intellectual Ventures is an organization that charges others for the right to use their intellectual properties. Intellectual Venture won the case against Symantec on several copyright infringements by Symantec.
References
Bailey, J. (2013, October 7). The Difference Between Copyright Infringement and Plagiarism. Retrieved from https://www.plagiarismtoday.com/2013/10/07/difference-copyright-infringement-plagiarism/
BBC. (2015, February 10). Patent giant Intellectual Ventures defeats Symantec in court. Retrieved from https://www.bbc.com/news/technology-31364349
Goldstein, J. (2014, October 29). It's Official: Google Glass Is Banned in Movie Theaters. Retrieved from https://www.nbcnews.com/tech/innovation/its-official-google-glass-banned-movie-theaters-n236841
Madrigal, A. C. (2012, January 9). The Court Case That Almost Made It Illegal to Tape TV Shows. Retrieved from https://www.theatlantic.com/technology/archive/2012/01/the-court-case-that-almost-made-it-illegal-to-tape-tv-shows/251107/
Stim, R. (2013, August 29). Fair Use: The Four Factors Courts Consider in a Copyright Infringement Case. Retrieved from https://www.nolo.com/legal-encyclopedia/fair-use-the-four-factors.html
