16 Dec 2022

139

What is the Uniform Commercial Code (UCC) and What Does It Mean for Intellectual Property?

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Academic level: College

Paper type: Essay (Any Type)

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Copyright laws are concerned and touch the vital aspects of protecting a person’s type of works referred to as intellectual property, and the paper will look at the laws of 1974 copyright laws of the United States. Many of the producers of music or videos do not recognize or are aware of copyright law or else who can claim one, the purpose of it, and the protection it is intended for. Copyright is a form of intellectual property protection that is availed by the laws of the United States. Bringing in protection laws were aimed at the reason of protecting a person’s original work that is authorship, for works that are either published or unpublished for the categories of; videos, paintings, live performances and some other form of music, software’s, pictures. Copyright laws of 1974 make it clear in sections 107 and 122 of the limitations of the very same rights (Shim & Kim, 2017). 

Original works of a video or music will, therefore, be protected by the copyright laws. Furthermore, the original owner of the works can choose between protecting his/her work and any other person that derives their right through that same owner or author. If the author were to surrender his/her rights to any given person, then it would be considered as “works made for hire.” In the scenario, the use of the internet video would fall into the category of section 101 copyright laws that describes work made for hire as a translation, a test, and compilation and lastly supplement work among others with the inclusion of an employee that is related to the works of the author. There are very many that are excluded from the category for instance work that does not have a tangible expression, the short phrases and slogan other ideas and concepts those which do not have informational authorship (Kim & Han, 2017). 

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The “use” that is mentioned in copyright regards that the video found on the internet may be used if the video is copyrightable or else the video has been put out in the public domain. The video will also be permitted to be used if the video has been permitted with the user’s right. If the company were to get a license of the internet video, then it would be correct for them to use the video without infringing the rights of the author. If the video that the company wants to use from the internet has been released through a public domain license, then no additional information is required from the rights holder for the company to use it yet they have been authorized by the license. However, even with the use of the internet video the company will have to follow the license terms (Mendes, 2016). 

The original author of the internet video has the rights to give consent of use for commercial use of his/her video. Therefore, the subcontractor can reach a financial agreement with the author to use his/her video if there is an author. If the video was uploaded, but it does not have an author, then it means that it can be used without a license, or need permission from anyone. The violation of the video is just using the video for commercial use without compensating the author who will be an infringement of his/her rights to the video (Mendes, 2016). 

References 

Kim, H., & Han, J. D. (2017). Pre-Contractual Liability in International Commercial Contracts.  Advanced Science Letters 23 (10), 9612-9615. 

Mendes, P. (2016). To What Extent Are University IP Policies Legally Binding? Part 2: Students . 

Shim, C., & Kim, H. (2017). Legal Bases for the Principle of Good Faith in International Commercial Contracts.  Advanced Science Letters 23 (10), 9457-9460. 

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StudyBounty. (2023, September 17). What is the Uniform Commercial Code (UCC) and What Does It Mean for Intellectual Property?.
https://studybounty.com/what-is-the-uniform-commercial-code-ucc-and-what-does-it-mean-for-intellectual-property-essay

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