Fair use or infringement Copyright in art Dissertation

Fair use or infringement Copyright in art - Dissertation Example In the last few decades, post WWII (postmodern era), many contemporary works of art (concerning artists and their innovative works of art) have come under debate, as regards infringement or violating copyright laws. Post-modern art era has been highly influenced by global consumerism, resulting in many instances of copying and plagiarism in the field of art. Despite, appropriation being acknowledged widely as an integral part of art, where elements or ideas are borrowed for creating new artwork, critics’ claim that copy artists while appropriating, often violate copyright laws and challenge ethical norms, while stretching the boundaries of plagiarism. However, under current scenario in the US, application of law in appropriation cases remains ambiguous, while the fact that many cases are settled out of court also tend to set a negative precedence.  In this paper the researcher, discusses the fine line that exists between fair use and copyright infringement as regards copyrig ht law and appropriation art, while deriving how courts/judges should go about deciding in appropriation between fair use and copyright infringement.  The primary aim of the paper is to find a clearer legal stand for modern artists, delineate their creativity limits in terms of law, and find whether the law should be modified or it should just be made clearer and more precise. 1 Chapter 1 1.1 Background study The recent Cariou v Prince case has brought into limelight the issue of ‘Fair Use,’ a contentious topic within the US copyright laws, which until recently was overlooked by mass media. The ruling in this case, as awarded by the U.S. district court judge  Deborah Batts,  was a first of its kind, where the judge declared Prince guilty of violating copyright laws and infringing on Cariou’s copyrights, by using Cariou’s photographs for creating â€Å"Canal Zone† collages. The ruling further clarified that Prince failed to meet the four standa rds used in ‘Fair Use’ principle, and the paintings (worth millions) stand the chance of being destroyed under court orders (final decision still pending). Here the harsh decision has inevitably raised the question as whether a judge is suitable for making decisions related to art and culture. Some art critics have also expressed worry that in the final court ruling if Richard Prince again stands to lose, the art of appropriation would face a devastating effect where many artists are likely to leave their projects, which is something akin to curbing right to freedom of creative expression. Therefore, there is a general feeling that freedom of artists maybe in curbed in the near future through legal intervention in the form of copyright laws. The  US copyright law, a component of the US Federal laws, accords legal protection to the rights of artists and their creative works under the US laws. The copyright law is provided in the US constitution under Article I (s. 8 - Clause 8), referred to as  the ‘Copyright Clause,’ where it is clearly stated: â€Å"The Congress shall have Power†¦To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.†

Home Health Agency Assignment Example | Topics and Well Written Essays - 750 words

Home Health Agency - Assignment Example ly literate, and meet several other training requirements such as satisfactorily completing the health and safety component of the training course titled â€Å"Direct Support Persons Core Training Program† or its equivalent. As such training for authorization to provide direct care services is mandatory. The curriculum may vary from state to state however each regulatory agency approves a certain curricula for their direct care trainees to undergo. One of the approved curriculum for training direct caretakers includes â€Å"Providing Residential Services in Community Settings: A Training Guide† (Department of Licensing and Regulatory Affairs, 2015). The curriculum covers a wide range of topics that needs to be included in the training including best practices for the practitioners. Further for medication administration, the direct caretakers are trained under standardized medication curriculum by a nurse trainer. The nurse trainers supervise the direct caretaker trainees and evaluate their progress. Trainees who need to be authorized for medication administration also need to pass certain examination that evaluates their knowledge and competency of the various drugs that need to be administered. The test could be written or oral examination to test the competency of the direct care staff to ensure that they are qualified to provide the service. After the direct care staff is evaluated, they may be evaluated again in order to ensure compliance. The frequency of being re-evaluated depends upon the nurse trainer. Further if the direct care staff fails to meet the required competency level, then they may be retrained in order to ensure their competency is enough to authorize them for administering medication. Therefore, direct care staff members must undergo training under an approved curriculum in order to be eligible for providing their services at a residence or to administer medication to the patients. The curriculum involves best practices and covers different

The Truth About The First Thanksgiving

The Truth About The First Thanksgiving Every year on November 26th, families get together and celebrate Thanksgiving. They celebrate Thanksgiving thinking about the pilgrims and how they survived in America. They think about how they grew crops and found the food, and then had a huge feast afterward. That is why they think we celebrate Thanksgiving today, but they do not know the real truth about the first Thanksgiving when the pilgrims came over. The story of Thanksgiving has been being told for centuries, some of the information in the stories is not true that is passed down from generation to generation. There are many myths about Thanksgiving that people still think are true to this day. Some of the main information that is misled is about who came to America first and what happened when the pilgrims arrived on the land. (livewiredj.net) The Native Americans were a major part in America long before the pilgrims had even thought about sailing for America. They had been in America over a thousand years before the pilgrims arrived. The Native Americans had learned how to survive through the harsh winter and hot summers. They built adobe houses that would hold heat in for the winter and would keep cool in the summer. They would plow crops into the ground and harvest them in the summer and fall. They would also hunt for food, with bows and arrows, and they would kill deer and buffalo for meat. They would use everything that they killed for food, nothing was ever thrown away. They even used the bones and hides for something. (livewiredj.net) One of the most misled stories during the Thanksgiving time period is about how the pilgrims were some of the first people to ever set foot on land in America. The truth is that the Native Americans had been there for quite some time before the pilgrims even thought about going over to America. The Native Americans had lived in America for a thousand years, and apart from them the Spanish had also settled long before the English pilgrims. People think that the pilgrims settled in Plymouth and started a country later, but the Native Americans and the Spanish had already been there for quite some time. (livewiredj.net) The Native Americans were a huge part to the development of America. They had been living in America long enough that they had learned how to build things and use materials very well to suit their lifestyle. They had their own architecture buildings that were very advanced and modern day. If someone got sick, they knew which type of plant could help them. They had people who went out and got the plants and the doctors that knew how to use it to help the person that was sick. They were very skilled in growing crops also. They had created many fields without tearing out any forests or damaging any land. They found an open area and plowed seeds into the ground and let them grow. That is where a majority of their food came from so they had to do it right. (livewiredj.net) In the story of Thanksgiving everyone tells about how the Indians helped out the pilgrims and that they were all practically one big happy family, but that is not how it happened. There was lots of fighting going on between the Native Americans and the pilgrims at this time. The pilgrims brought over diseases that the Indians were not immune to and they did not know how to cure that disease right away. They brought over various European diseases, like influenza and measles. Some of the Indians died because of the diseases that the pilgrims brought over and that did not go over well with the Indians. The pilgrims also began to take land that the Indians believed to be theirs, so they began to fight over land. Now besides the diseases, they had to watch out for each other because they would attack and try to kill each other. If a pilgrim went out to hunt or plow a field by himself he would most likely not come back because the Indians would find him and either take him hostage or just shoot him. So they had lots of problems with each other at this time period. (livewiredj.net) With all of the fighting and the problems between the pilgrims and the Native Americans, they also were fighting because the pilgrims were trying to teach them their religion and the Native Americans had their own beliefs and culture that they had been following forever. The pilgrims wanted everyone in America to have the same religion and they were trying to teach the Indians their religion, but the Indians did not want to learn it and kept practicing their own religious beliefs. They pilgrims began to get frustrated and decided that there was no hope with dealing with the Indians. So they became like to different countries, the Indians and the pilgrims. (livewiredj.net) In the stories today, people tell how the pilgrims were kind enough to introduce the Native Americans to their Thanksgiving feast and how the Native Americans had never seen such a thing before, but that is not what actually happened. The Native Americans were the ones who knew how to grow the corn, beans, and other types of various foods that were available for them at the first Thanksgiving meal. The pilgrims were the ones who had not seen such a feast before and they were amazed how much food was there. Also the Native Americans had been having harvest celebrations for centuries but Thanksgiving did not start until during the 1890s. (planetblacksburg.com) Today, we teach what is says in the text book and whatever source that it went by, but the whole truth is not in the text books and there are many things that were not in the book that need to be taught. There are many things that need to be involved in the teaching of the first thanksgiving that arenà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t, like who was here first, the Native Americans and the Spanish, and all sorts of other things. In the textbooks it tells how Squanto was a friendly Indian who learned English and helped the pilgrims, but that is not the truth. Squanto was kidnapped as a young boy and taken to England, and he was then took by a slave holder and sold into Spain. Then Squanto escaped his slave holder and got back to England. When he finally got back to America he had realized that his entire village had been destroyed and the only people left were the British who he had spent most of his life with already. (livewiredj.net) After the British had become comfortable and started to learn how to do things on their own they didnà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t need the Native Americans or the Spaniards that were there anymore. So the British started to force them to move further and further east, making them give up their own land and their personal lives. The British just took over what was the Native Americans at one time and forced them to have very little and made them live where it was hard to grow crops and the wildlife was scarce. Then there became less and less Native Americans, and they had to live where the British wanted them to live, without any basic needs for a good lifestyle. (planetblacksburg.com) From generation to generation the stories of Thanksgiving have been telling myths. Most of the great story that is told to kids and people during Thanksgiving is mostly made up. The Native Americans were the real ones who started America and learned how to survive. They are the people who started the country that we live in today and the basics things that we still do today like growing crops and hunting. Eley, Nicole. The Truth about Thanksgiving. Planet Blacksburg. Planet Blacksburg, 13 Jan. 2006. Web. 21 Apr. 2011. Harvey, Jennifer. The Truth About Thanksgiving. Unkown. Concordian Online Edition, 19 Nov. 2009. Web. 22 Apr. 2010. http://www.livewiredj.net/concordian/pacercms/article.php?id=1008 Sutter, Richard. The truth about Thanksgiving. Anglocatholic central. Joomla, 15 Nov. 2009. Web. 22 Apr. 2010. the-truth-about-thanksgiving>.

Democracy: Justices, Injustices, and Socratic Arguments to Improve Cur

In the Republic, Plato seeks to define justice and, through definition, show that justice is intrinsically worthwhile. In doing so, Plato sets out to explain the principal concept of political justice, and from this obtain a parallel model of individual justice. Essentially, justice is defined as a result of accurate logic or reasoning. However, it is quite important to note that the democratic regime discussed in the Republic is not the same as the known democratic regime of today. The democratic establishment discussed in the Republic is a direct democracy, which, even at that time, proved to be a failure. However, the overall idea of justice and injustice found in direct democracy oftentimes proves analogous to that of the current representative democracy.   Ã‚  Ã‚  Ã‚  Ã‚   Throughout the Republic Plato seeks a definition of justice, and, in Book VIII, what justice might be found in the different regimes presented, including the democratic regime. Justice, as found in democracy, has its roots in equality and variety. Indeed, Socrates confirms that â€Å"it looks as though this is the finest or most beautiful of the constitutions, for . . . this city, embroidered with every kind of character type, would seem to be the most beautiful.† Variety is important to some, equality to most, and it is in the democracy where these two elements are highly valued. Here, justice is seen through the concept of equality, a vital concept of the true Form of Justice to many. Indeed, equality is a core aspect of democracy in the Republic, from which Plato identifies that it is the democratic regime that gives way to equality in the purest form available. This democratic regime containing the pure equality is admired by Plato, for it is â€Å"a pleasant constitution . . . which distributes a sort of equality to both equals and unequals alike.† Another aspect of the Form of Justice which is extremely important to many, and is also found in the democratic regime, is freedom. Plato, in fact, seems to admire the concept of freedom, although not placing it above the quest of seeking the Form of the Good, as Socrates observes that in â€Å"this city there is no requirement to rule . . . or again to be ruled if you don’t want to be, or be at war . . . or at peace unless you want it . . . Isn’t this a divine and pleasant life, while it lasts?† Freedom is basically found only, or at le... ...hildren at a young age, and reinforce it throughout their life. Yet another argument Plato might present toward improvement might be the value to which we hold personal freedom. Truly, is personal freedom outside sacrifice? Plato might argue that, indeed, too much emphasis is currently placed on personal freedom rather than discussing the benefits, such as harmony and order, in conceding some freedom. Plato would also argue that society currently holds tightly to the concept and value of personal freedom because the regime is disordered, and therefore those living in such a society are unhealthy. Ultimately, Plato might argue that to improve the current democratic regime would be to reach towards, and possibly achieve, the ideal state; however, realistically to improve the current democracy would be to keep the constitution of democracy intact. That is, some adjustments of education, specialization, and morality are necessary, in the Socratic argument, to achieve improvements in the current democratic regime, but not so much that it is moved out of the status of a democracy. Bibliography Plato. Republic. Translated by G.M.A. Grube. Indianapolis: Hackett Publishing Company, 1992.

Now he makes all the decisions Essay

threatening Q and Steel shows the power Bishop believes he possess. He believes that he has them cornered. He is so confident that he won’t be turned in that he shows up at Raheem’s funeral. He believes that the three of them should carry on with their lives as if nothing changed. He tries to force Q to hang out with him when he meets Q at his locker in school. He question’s Q about why he has not been around. When Q answers that he is not worried about hanging with Bishop. Bishop explains to him that he needs to be worried because he determines if Q and Steel lives or dies. The power of being able to take someone’s life (which he demonstrated twice with Raheem and the man in the store) had consumed him. Now he makes all the decisions. They cannot cut him off he won’t let them. It has even become a kind of game for him. They hide and avoid him, and he searches and finds them. This can be seen in Bishop’s smile when he explains to Q that he is crazy because he doesn’t care about anything. It’s funny to him that they fear him so much now that he has a gun, but feared him so little when he did not have a gun. This is what he always wanted, to be feared. He feels that as long as he is feared he is respected. But Bishop was wrong. He over estimated his power and although Q feared him, he refused to let Bishop control his life. And when he tries to take Q’s life, he fails and falls to his death. Bishop would not have gotten greedy for power and try to control everyone he may have lived. But as was stated previously, people will retaliate and defend themselves, so you cannot expect to live long if you threaten to kill people. Another example of this cycle of destruction is the movie Belly directed by Hype Williams. In Belly, DMX plays the character Tommy, a gangsta turned drug dealer who will do whatever it takes to make money. Tommy would do pretty much anything to get money. He doesn’t care about his girl friend Keisha, his underage mistress, or anything the is in the way of him making money. Tommy basically feels that the most important thing in his life is money everything else is expendable. For example, Keisha is in his life for sexual reasons. She is like an ornament. He cheats on her with an underage girl who gives him oral sex. To him they are both in his life because he has money, so he feels that as long as he has money they will stay around or simply be replaced. He dedicates none of his time or consideration to either one of the women. When Keisha goes to jail because of him, he doesn’t even attempt to do something the help her get out of jail. He simply tells Sincere to explain to her what happen. He feels as though he doesn’t have to do anything for her because she is not that important. She is there for his needs and nothing else. He has to power to tell her when to come, leave, shut up, and have sex with him. This is the power that money gives him. He knows this and tries to explain it to Sincere. He tells Sincere that money is the reason that they are on earth. They were put here to make money and receive all the benefits of money such as: women, and power. For Tommy it is the game of life. He is to make as much money he can anyway he can, and if he does he can have to benefits of money. Because Tommy has power he insults anyone he wants too. I am sure that he never thought that the guy who he made strip in the basement would try to get revenge on him. He felt that he was too powerful to be touched and if someone tried he would reach out and touch them. He also displays this power when he manipulates the two boys and plays them against each other which leads to them killing each other. But in the end Tommy realizes that he was stupid and you need more then money in life. You need people to look out for you like Keisha and Sincere were trying to do. Tommy believed that his power would stop people from setting him up, but he was wrong because the FEDs caught up with him. In his quest for money, Tommy stops respecting mankind and only respected money and those with money. And when you disrespect people, people will do whatever they can to bring you down. In the end you will pay for the pain you cause others. But out of these examples, the movie Belly is the only one in which the cycle was not complete. After Tommy agrees to work with the police to get out of serving time, he gets religious and decides to change his life before he self-destructs. He breaks the cycle because he realizes before it is too late that money is not important. And money does not bring true respect. You have to earn respect and power. And you have to respect others. The power that comes with the ‘fuck it’ attitude is very appealing because it is quick and easy to some degree. It is because it is an easy way to gain power (power through fear or money) it is addictive. It cause people to believe that they cannot be stopped and can do what ever it is that want. But this is a false sense of power. This false sense of power always leads to their self-destruction. You cannot treat people with disrespect and not suffer the consequences one day or another. But the power leads them not believing there are no consequences, and therefore they are not prepared when the consequences come.

Current Ethical Issues Paper

Current Ethical Issues Paper Heidi L. Hinckley XMGT/216 December 16, 2012 Dan Mitchell In creating this paper I have decided to use the Kudler Fine Foods organization, due to the fact that I enjoy trying new flavors from around the world. Kudler Find Foods is â€Å"a local upscale specialty food store† (Kudler website) located in California. Kudler Fine Foods currently has three locations in the state of California. There focus is to bring the finest foods and finest team members they can to their potential customers.They offer a wine steward at each location, as well as monthly classes for customers to lean about various wines in the store. Kudler Fine Foods wants to promote the best in food and service. The Kudler Fine Foods organization first opened their doors on June 18, 1998. The owner and creator, Kathy Kudler, decided to take her passion for gourmet cooking and turn it into a business that she could be successful at as well as enjoy doing. That success has been proven in the opening of two additional stores one in 2000 and another in 2003.Kudler Fine Foods offers a variety of ingredients, fresh baked goods, meats, local seafood, cheeses and wines. Kudler Fine Foods is a one stop shop for any gourmet cook or even want to be gourmet cook in the family. One large ethical issue is the lack of leadership on the part of the owner Kathy Kudler. She lacks interaction with her customers as well, spending most of her time doing all of the ordering for all three of her stores. This can create large ethical issues in that she is not in touch with what her customers really want.There is also the ethical issue of using family to when referring to legal issues. First is the issue of nepotism and secondly there is the advice to always settle on customer accidents. This action makes the business appear as if they are always at fault and not taking the customers safety into consideration. Another issue that jumped right out is in the wording of certain areas of he r website. If she truly wants to bring the best to everyone, then she needs to remove statements from her website that list herself as upscale.I understand that she is trying to create an atmosphere, but in that statement it would seem that she only want to work with certain kinds of customers. This could lead some consumers to think that they are not welcome in her stores. .Kathy Kudler has a moral and ethical obligation as a business owner to promote an atmosphere that is open and welcoming to all. There is also the questionable promotion on Kudler Fine Foods website on how they only hire the best employees.Although I personally understand the statement, it can be considered unethical in the terminology. There is an insinuation that in that way that terminology is presented. There should be a change there in that all Kudler Fine Foods employees are trained to assist customers with any questions they may have on the products that are available in the store. There is also an ethical issue in the description of the stores themselves. The website promotes the locations as â€Å"8,000 square feet of retail space in a fashionable shopping center† (Kudler Fine Foods).Again the terminology in that statement may be perceived as condescending as if certain individuals would not be welcomed within the locations. With a store like this it is important that if you are promoting the flavors of the world they you would also represent the people of those regions. A diverse workforce that is familiar with these ingredients and foods would also show that the owner take a strong diverse attitude with her business. This would also bring a welcoming atmosphere to all in the neighborhoods around these store locations.If Kathy Kudler makes that type of promotion that her store is diverse and open then her stores will be considered a gem in their neighborhoods and she will continue see more growth, and it may even be faster than she planned. Offering top services to her cust omers, by offering the best training and information for her employees, will help to lead to a business that Kathy Kudler can not only be successful at but that she can also enjoy doing. Reference: https://ecampus. phoenix. edu/secure/aapd/cist/vop/index. html https://ecampus. phoenix. edu/secure/aapd/cist/vop/Business/Kudler2/internet/index. asp