The Ethical Requirements Of Sharing Music - 1613 Words

Even broadcasters had no rights to their broadcast. Finally, for performers, their live performances could not be fixed and disseminated. In 1950, the international Federal Phonographic Industry, European Broadcasting Union and the International Federation of Musicians represented the three interests. These finally gave birth to the Rome Convention. Copyright is protected in different Articles of the Convention. Just to highlight one of them, Article 7 provides that performers are to be given rights that prevent broadcasters from communicating the information to the public. This is congruent with the ethical requirements of sharing music. It also prevents performance, fixation and reproduction without their consent. These provisions, among others, apply to music recordings and performances in Canada by being a member of the convention. In most cases, we find that ethical expectation in the way music is shared in Canada is also provided in statutes, boards, and treaties. With this, th e ethical channels needed in sharing music may not have been expressed by are implied in the underlying legalities (Freeman, 2015). The next section addresses Immanuel Kant’s moral value of intellectual property. Kant Theory on Intellectual Property: The Injustice of Reprinting Books After the protracted explanation of the current laws, regulations and treaties relating to copyright and applicable in Canada, some loopholes have been realized. I will first give illustration throughShow MoreRelatedThe Copyright Law Of Canada Connected With An Ethical Line Within Music Sharing1672 Words   |  7 PagesThis paper discusses the copyright law in Canada connected with an ethical line in music sharing. Before embarking on the discussion, it is imperative to understand what copyright entails under the umbrella of intellectual property; the latter refers to intangible property, which is entirely a creation of the mind (Alexander Penalver, 2012, p. 188). 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No one can actually describe to what extent music is importance but certainly it has a crucial role. Time has been changing with various artists and the creativity has been changing but the music lovers are still the same as they appreciate and receive the music to the same extent as usual. What are the ways to enjoy music and the d ifferent forms to access it? Music can be purchased, sharedRead MoreSony Erricsson Strategy Analysis Essay1573 Words   |  7 Pagesproducts of Sony Ericsson combines powerful technology with innovative applications for mobile imaging, music, communications and entertainment. We can say that Sony Ericsson is an enticing brand that creates compelling business opportunities for mobile operators and desirable, fun products for end users. Sony Ericsson products have universal appeal and are different in the key areas of imaging, music, design and applications. The company has launched products that make best use of the major mobile communicationsRead MoreAcct 212 Week 1-8 Discussion Questions1357 Words   |  6 PagesDiscussions 2 Week 1 Course Project 1 Part A In this graded discussion, we will be examining the operation of the Accounting Information System (AIS) with the use of problems and exercises from your textbook. The goal is to cover all of the requirements to ensure an opportunity for your successful completion of Course Project 1. Let’s start with Exercise 1-17A. ACCT 212 Discussions 1 Week 2 Accounting System Last week, we discussed â€Å"The Language of Business† and why the accounting informationRead MoreLegal Issues Arising from New Technologies and the Extent to Which the Judicial Remedies Available to Sort Issues2970 Words   |  12 Pagesgradually through case law and amendments to the Act, it has evolved to cover a wider range of areas. Initially, common law may fill the void until statute law can be created. COPYRIGHT: The internet has allowed a proliferation of other forms of file sharing. People can share digital files either in an open system, where anyone can access them, or in a restricted was that allows access only to certain people. This technology also poses great risks to copyright. When a person makes a product that is subjectRead MoreThe Music Industrys Digital Revolution4674 Words   |  19 Pagestakeover music industries, it is now, how we get it, how fast you get it and at what cost you to the consumers for the music. The demand would be a more convent way of listing to your favorite artist and the supply would be for different companies to stream the music to the consumer to keeping it current, this was the birth of Napster (napster2004). The recorded music business has always led the way for creative industries in the digital world. 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A Detailed Speech Outline Free Essays

This page explains how to make a detailed outline of a speech. It should be remembered that depending on the type of speech, the outline may vary. However, if you base your speeches on this outline you should be able to make a successful speech. We will write a custom essay sample on A Detailed Speech Outline or any similar topic only for you Order Now In order to make a detailed and useful outline you must understand the structure of a speech. The basic structure of a speech and how to make a simple outline has been explained on another page. On that page it was shown that there are three main parts to a speech; The Introduction, The Body, and The Conclusion. These three parts can be further broken down. The structure of these three main parts can be seen in the outline below. A presentation outline is a way to organize your material logically and clearly. You should make an outline before you start to write a speech. In fact the writing of a speech comes towards the end of the speech creation process (see ’11 Steps to Creating a Speech’). By using a presentation outline, you can â€Å"see† your speech and determine where you need to add or revise information. It provides the structure for the introduction, body, and conclusion of your speech. In addition, it can serve as your speaking script. This outline consists of Four parts; The Header, The Introduction, The Body, and The Conclusion. Before you start writing your speech you should make an outline using these 4 headings and their sub headings. 1. Header Topic Decide on your topic. Audience Analyze your audience. What do they already know about your topic? Are they interested in the topic? Refine and limit topic Based on your analysis of the audience you may need to slightly change you topic, by either changing the focus, or the scale of the topic. Purpose Statement Write down a clear statement of what it is you intend to achieve. What is the purpose of your speech. For example; The purpose of this speech is to inform the audience how to travel in Japan without spending to much money. Organizational Method or Pattern There is no single way to organize a speech. The pattern you will select will be determined by the information you have and the specific purpose you want to achieve. There are six basic patterns for organizing a speech: Logical or topical Chronological Spatial Classification Problem-Solution Cause-effect Once you have completed these five parts of the ‘Header’, you are then ready to start planning the speech itself. . Introduction Greeting and Attention getter How will you greet the audience? How will you get the audience’s attention? Think of a sentence that will make the audience sit up and listen. Thesis Statement The ‘purpose statement’ is where you simply state what your goal is. However, it is not possible to use this in the speech. You need to convert it to a ‘thesis statement’. A thesis statement is one sentence in the introduction in which you declare your purpose and topic. For example, a thesis statement of the above purpose statement would be; ‘Traveling in Japan need not be an extravagance. Credibility If the audience do not know who you are, you will not only need to introduce yourself, but you will also need to ‘establish your credibility’. This means you will have to explain to the audience why you are ‘qualified’ to speak about the subject. Outline of main the points – overview What are your main points? Why? Tell your audience why you think your presentation will be useful to them. 3. The body Transition Think of a sentence that will make it clear to the audience that you have finished the introduction, and are now about to start the body of the speech. Main points and ideas Main ideas Supporting ideas Details Examples Visuals Write your main points and ideas hereWhat ideas will you tell the audience to support your main points? What details or examples do you have? Will you have any visuals to help explain your points? main ideas = sub-topics supporting ideas = sub-sub topics evidence = details and examples 4. The conclusion Transition Think of a sentence that will make it clear to the audience that you have finished the body and are now coming to the end of the speech. Restatement of main points Summarize your main ideas and think of which piece of information you really want the audience to remember. Closer Think of a final sentence to help the audience remember your speech. Note that the presentation outline is not a word-for-word script for the speech but an outline of ideas to serve as an organizational and presentation tool for the speaker. Once you have finished the outline you are then ready to start writing. Copy this into a word processor document, and use the headings to make your own outline for your demonstration speech. How to cite A Detailed Speech Outline, Papers

Statutory Interpretation and Tort Law

Question: Discuss about the Statutory Interpretation and Tort Law. Answer: Introduction: In the present case, it has to be seen if Anna can bring a successful election in negligence against Trevor. Anna had injured her knee when she went on a walking tour that was organized by Honey Bee Nature Appreciation Tours (HB). The tour was supposed to last only six hours and during daylight. However on this particular day, they became late and returned after sunset. Although it is required that the walkers should be appropriately dressed and wear proper shoes but while returning, Anna decided to wear her high heel shoes. Trevor failed to notice that Anna had changed into high heel shoes because at that time he was busy in observing a rare Marbled Fragmouth. If similarly, when they were taking a break, Trevor decided to leave the walkers and went to scout for new location. During this time, Anna consumed half a bottle of wine that she had brought with herself as it was her birthday. Under these circumstances, Anna's heel caught on a tree root and she fell down, injuring her knee. She had to stay in the hospital for a month. Later on, Anna decides to sue Trevor in negligence and claim the lost income for 12 months and punitive damages from Trevor. Therefore, in the present assignment, it has to be seen if Anna can successfully sue Trevor under negligence and at the same time, it also needs to be seen if the defense under contributory negligence is available to Trevor. In order to deal with this issue, first of all it needs to be seen what negligence is. In this context, in cases where one person has a duty of care towards the other, negligence can be described as doing or the failure to do something that would have been done by any other reasonable person and due to which any damage/injury/loss has been caused to the other person due to such an act (Deakin, Johnston and Markesinis, 2003). In Australia, the provisions of Civil Liability Act are used to decide the negligence of the persons and also the liability faced by them due to the negligence acts that have been committed by them (Hepple, 1997). In case a person decides to sue the other person in negligence, the person seeks financial compensation for the damage suffered by it. Such a person needs to be placed in the same position in which the person would have been if the negligence of the other person would not have taken place. DUTY: In order to decide if negligence has taken place, there are four questions that need to be satisfied. Hence, it has to be seen if the defendant had a duty of care towards the plaintiff, if the duty of care has been breached by the defendant, if any injury or loss has been suffered by the plaintiff and if the injury or damage suffered by the plaintiff was the result of such a breach (Donoghue v Stevenson, 1932). For bringing a successful claim in negligence, it is necessary that all the above-mentioned factors should be satisfied. In case even if one factor is not satisfied, then it cannot be said that the plaintiff has suffered damage as a result of the negligence of the defendant (Grant v Australian Knitting Mills, 1933). The duty of care can be described as the legal obligation which requires that persons should avoid causing harm. Such a duty arises when the harm caused to the other person was "reasonably foreseeable" if care was not exercised (Stapleton, 2003). In this context, the law requires that they should be a sufficient close relationship present between the parties so that it can be said that one party had a duty of care towards the other (Wyong Shire Council v Short, 1980). An example of such a situation can be given in the form of the relationship that exists between a doctor and the patient or the relationship that is present between the driver of a vehicle and the other road users. According to the Civil Liability Act, some conditions have been imposed on the duty of care, for example donors and good Samaritans. In this way, the people who decide to act in a situation of emergency, without expecting any payment or the persons who are providing food for the charitable purpose are general ly assumed to be exempt from civil liability, provided they have not acted negligently (Kujinga, 2009). The next issue is to decide when the breach of duty of care takes place. For the purpose of establishing if there has been a breach of duty of care, first of all the court will look at the standard of care that needs to be applied in the particular circumstances of the case. In such a situation, the standard of care needs to be decided by considering what would have been done by some other reasonable person under the same circumstances or if the actions of the party but below the standard that can be expected in such a case, it can be said that the party has breached the their duty of care imposed on it under the circumstances (Shaddock Associates v Parramatta City Council, 1981). Some of the common examples of the imposition of duty of care are the routine activities like driving. Hence it is expected that all the road users and should behave in a reasonable manner. Therefore while dealing with the issue if the defendant had breached and the duty of care imposed on it, the court will see if the defendant had failed to do what would have been done by some other reasonable person under similar circumstances (Tomasic, Bottomley and McQueen, 2002). The key test related negligence is the probability and the likely seriousness of the harm that may be caused by as well as the burden of taking the precautions and the social value aspects of taking the precautions against such a risk. In Wyong Shire Council v Short (1980), the court stated that while deciding if there has been a breach of the duty, the court will consider the probability of, as well as the likely seriousness of the harm and the fact how difficult it would have been to take precautions against it and the conflicting responsibilities related to taking such precautions (Stapleton, 1991). It also needs to be seen if the above-mentioned breach of duty has resulted in an injury. Sometimes it is obvious that the breach has resulted in an injury (Overseas Tankship (UK) Ltd v Morts Dock Engineering Co Ltd., 1961). For example when a person has slipped on the wet floor and broken his leg, a clear connection exists between the injury suffered by the person and the wet floor. On the other hand, sometimes it is a complex task to find the cause of the injury. There can be more than one event that may have resulted in the injury. For instance a person has slipped on the wet floor but on the same morning, the person has also fallen from a bicycle, a question may arise if the injury was caused by one event or both the events and to what extent. The two main differences that are available in the case of negligence are contributory negligence and the fact that the risk was voluntarily assumed by the plaintiff. In this regard, contributory negligence takes place when it can be said that the plaintiff had failed in making the required standard of care under the circumstances for ensuring their own protection (Barker, 1993). And it was a contributory cause, along with the conduct of the defendant, behind the injury suffered by the plaintiff. In this way, contributory negligence can be described as the failure of the plaintiff to avoid the harm that has been suffered by it as a result of the conduct of the defendant. For example if a pedestrian had suddenly decided to cross the street without looking and such person is hit by a speeding car. The law provides that when contributory negligence exists, the responsibility for the injuries suffered by the plaintiff has to be apportioned among the defendant and the plaintiff, in accord ance with their respective degree of their responsibility. The Civil Liability Act also provides that now it is available to the court to reduce the damages awarded to the plaintiff even by 100%. The main remedy that is available in case of negligence is damages. Damages put a monetary value on the harm suffered by the plaintiff, in accordance with the principle that the plaintiff should be placed in the same position if the negligence of the defendant would not have taken place (Gardiner and McGlone, 1998). Therefore, for most purposes, the level of culpability regarding the breach of duty is not relevant. Once it has been established that there is a breach of duty, it only needs to be seen how to compensate the victim. Generally the types of damages awarded by the court are as follows. Special damages, general damages and punitive damages. The examples of special damages include lost wages, damage to property or medical bills. The general damages are the damages that cannot be quantified in monetary terms (McDonald, 2005). The examples of general damages are the amount paid for the pain and suffering experienced by the plaintiff in a car accident. The purpose behind awardin g punitive damages is to punish the defendant, instead of compensating the plaintiff in cases involving negligence. Mostly, punitive damages can be recovered in an action for negligence only if the plaintiff is successful in establishing that the conduct of the defendant was something more than ordinary negligence. Conclusion: On the basis of the above-mentioned principles related with negligence, it can be said that in this case, Anna can bring a successful election in negligence against Trevor. The reason is that Trevor had failed to ensure the safety of the walkers. For example he left the walkers unattended when they were taking a break and he had gone to scout for a new location. Similarly he lost track of time and spend too much time over there. The result was that the walkers had to walk back in the dark. Similarly he also failed to stop Anna from consuming the bottle of wine that she had brought with herself. Moreover he did not saw that when they were returning back, Anna changed into her high heel shoes. In this way it is clear that Trevor was negligent and the injuries suffered by Anna was the result of the negligence of Trevor. But in this context it is also worth mentioning that Anna had also contributed in this negligence. It was negligence on the part of Anna when she decided to consume half a bottle of wine during the walk. Moreover, Trevor had told the walkers that they should be appropriate clothes and shoes but while returning, Anna decided to wear her high heeled shoes. Moreover, as Anna had recovered completely within a month, she cannot claim the lost income for 12 months. References Barker, K., (1993) Unreliable Assumptions in the Modern Law of Negligence 109 Law Quarterly Review 461, 483 Benjamin K (2009). "Reasonable Care And Skill The Modern Scope Of The Auditor's Duty". GAA Accounting Deakin, S., Johnston A and Markesinis B (2003) Markesinis and Deakin's Tort Law, Oxford University Press Gardiner D and McGlone, F., (1998) Outline of Torts (2nd ed,), Butterworths Hepple, B, (1997) Negligence: The Search for Coherence, 50 Current Legal Problems 69 McDonald, B (2005). "Legislative Intervention in the Law of Negligence: The Common Law, Statutory Interpretation and Tort Reform in Australia". Sydney Law Review. 27 (3) Stapleton, J., (1991) Duty of Care and Economic Loss: A Wider Agenda, 107 Law Quarterly Review 249 Stapleton, J., (2003) The Golden Thread at the Heart of Tort Law: Protection of the Vulnerable 24 Australian Bar Review 135 Tomasic, R. Bottomley, S, and McQueen, (2002) Audits and Auditors, Corporations Law in Australia, Federation Press Donoghue v Stevenson [1932] AC 562 Grant v Australian Knitting Mills (1933) 50 CLR 387 Overseas Tankship (UK) Ltd v Morts Dock Engineering Co Ltd [1961] AC 388 (Wagon Mound No 1 Case (1961)) Shaddock Associates v Parramatta City Council (1981) 150 CLR 225 Wyong Shire Council v Short (1980) 146 CLR 40