Intellectual Property Rights in Media Applications Essay

Intellectual Property Rights in Media Applications - Essay Example A "dramatic work" includes a work of dance or mime; while a "musical work" means a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with the music. Section 5(1) of the Act provides that "sound recording" means - (a) a recording of sounds, from which the sounds may be reproduced, or (b) a recording of the whole or any part of a literary, dramatic or musical work, from which sounds reproducing the work or part may be produced, regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced. In the given problem, copyright subsists in the lyrics of the song 'Harlequin', the musical composition (musical notes) of the same song, and the sound recording of the song. Copyright protection therefore subsists on the foregoing works such that any infringement thereof gives the copyright owner or author of the works a claim or cause of action against the Guys. Under Section 9 of the Act, the "author" means the person who creates the work and in case of a sound recording, that person (the author) shall be taken to be the person by whom the arrangements necessary for the making of the recording or film are undertaken. Thus, in the case of the lyrics of the song 'Harlequin', the writer of the song is the author of the literary work while the composer is the author of the musical work. In the given problem, therefore, Jones is the author of the lyrics of 'Harlequin' as a literary work while at the same time he, as composer of the song, is also the author of the musical work. The author of the sound recording of the song on the other hand is Arcadia, Jones' music publishing company. Parenthetically, if the Guys does not have a license from Arcadia to use the sound recording, then the Guys may also be liable for copyright infringement of Arcadia's sound recording. Nevertheless, Jones will therefore be advised that as copyright owner of both the lyrics and musical composition of the song, being the sole author of the said lyrics and musical composition, he may have a cause of action against the Guys for infringement of his copyright over in the literary and/or musical work. As copyright owner, I will advise Jones that under Section 16 of the Act, the owner of the copyright in a work has the exclusive right to do the following acts in the United Kingdom - (a) to copy the work; (b) to issue copies of the work to the public; (c) to perform, show or play the work in public; (d) to broadcast the work or include it in a cable programme service; and (e) to make an adaptation of the work or do any of the above in relation to an adaptation. Those acts are the "acts restricted by the copyright". Furthermore, under the same Section, copyright in a work is "infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright" "in relation to the work as a whole or any substantial part of it" "either directly or indirectly". In view of the foregoing provisions, I will advise Jones that the Guys will only be guilty of copyright infringement if the 6-second music sample from Jones's 'Harlequin' used by

Biometrics and Wireless Technologies Essay Example | Topics and Well Written Essays - 2000 words

Biometrics and Wireless Technologies - Essay Example Dominant security-enhancement technologies leave a lot to be desired. In addition to security risks, has been estimated that between half to a third of calls to IT help desks are password related, and that managing multiple passwords and password resetting costs can range between $200 (Forrester Research estimate) to $340 (Gartner estimate) per employee per year (www.Forrester.com (2005); www.Gartner.com (2005)). Biometrics can offer significant security enhancements as well as other value-added applications. Potential applications of biometric technologies range from controlling physical access to facilities (used by Disneyworld to provide access to season pass holders), enabling voice recognition at call-centers (used by the Home Shopping Network and Charles Schwab to enable hassle-free client authentication), controlling time and attendance of employees (used by McDonalds), providing self-service access to safe deposit vaults at banks (used by the Bank of Hawaii and First Tennessee Bank), or cashing checks in supermarkets (used by Kroger, Food 4 Less and BI-LO). Security concerns and higher levels of fraud, such as the rising incidence of identity theft, combined with advancements in biometric technologies and reducing costs of the technologies involved, have provided an impetus for greater diffusion and highlighted biometrics' immense potential. In 2003, while industry revenues were US$719 million, the estimate for 2004 is US$1.2 billion. This is expected to rise to US$4.6 billion in 2008. Currently the lion's share of biometric technologies is accounted for by fingerprint biometrics at 48 percent, followed by face recognition at 12 percent and hand geometry at 11 percent. Iris recognition, by far the most secure method, has just 9 percent market share, since it costs a lot more to implement and there is a lower level of customer acceptance (International Biometrics Group, 2005). However, the overwhelming majority of current biometrics applications are focused on simply improving security rather than being led by a clear mandate of providing quantum leaps to customer service while simultaneously raising efficiency as well as security. We believe that the winners of tomorrow will be firms that manage to harness the power of biometrics to achieve this essential combination (Wirtz and Heracleous, 2005). Following several industry interview results and other industry participant interactions, the researchers arrived at the conclusion that many, but not all, biometric industry vendors appear to be depending on sales based on "supply push" rather than "demand pull" marketing strategies. That is to say, the biometrics vendors appeared to be captivated with the technology underlying the biometric devices more so than concentrating on current biometric devices as part of a solution to a business problem for prospective customers. However, on the contrary, it was appar ent from our conversations with customers and potential customers that they were inclined to be less interested in devices, and more focused on buying solutions to problems. For instance, three prospective customers pointed out that they were "waiting it out" in order to see which technology or vendor would come