LEG 500 WEEK 9 DISCUSSION - 86851

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olufunmilola

olufunmilola

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  • Posted on: Tue 06 Jan, 2015
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"Intellectual Property and Global Intellectual Property Rights" Please respond to the following: • Determine whether or not existing “fair use” exceptions strike an appropriate balance between creators and users of the material. Provide two (2) specific examples to support your response. • Determine the key legal and ethical issues surrounding the ability of pharmaceutical companies to patent and exploit plant-derived substances, and suggest at least one (1) way in which a company might provide compensation besides direct / individual payments. NOTE: FOUR DIFFERENT ANSWERS POSTED FOR THE PRICE OF ONE AS A BONUS JUST CHOOSE 1
Solution Description

Determine whether or not existing “fair use” exceptions strike an appropriate balance between creators and users of the material. Provide two (2) specific examples to support your response.

Fair use is the right to use limited portions of copyrighted work, without permission for education or criticism.  I feel that existing exceptions do strike an appropriate balance between creators and users.  One example of this is music sharing files.  In the case of Sony BMG Music Entertainment V. Tennenbaum, Tennenbaum created file sharing software that allowed users to download and share music on Kazaa (a music file sharing site).  The defendant argued that his file sharing was non-commercial and he did not earn money for the files he shared and this activity feel under as Fair Use.  However, the courts did not agree with him, if he would have argued the files were shared and then the downloader transitioned to purchase the songs or if he argued the software was being used to store music.  Instead, Tennenbaum argued he was able to share and allow friends to download music for free and this presumed to be fair to him.  The courts disagreed. 

A second example that applies Fair Use is search engines.  Search engines are able to use headlines and snippets of an article in the search results.  Once a user selects the link the user is taken to the site of the article.  The ability for search engine to use headlines and excerpts allows the free flow of information and to connect users to information. 

Determine the key legal and ethical issues surrounding the ability of pharmaceutical companies to patent and exploit plant-derived substances, and suggest at least one (1) way in which a company might provide compensation besides direct / individual payments.

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WEEK_9.docx