Friday, May 8, 2020
Dancing Baby Revelation Consideration On Notice And Take...
Dancing Baby Revelation: Consideration on Notice and Take Down Procedure under Chinese Copyright Law Qianhui Zhang Introduction On February 7, 2007, a 29-second video was uploaded onto YouTube by Stephanie Lenz. The video was about her two toddlers pushing a push-toy and ââ¬Å"dancingâ⬠along with the song ââ¬Å"Letââ¬â¢s go crazyâ⬠by Prince. ââ¬Å"About four seconds into the video, Lenz asks her thirteen month-old son ââ¬Ëwhat do you think of the music?ââ¬â¢ after which he bobs up and down while holding a push toy.â⬠As the publishing administrator of Prince, Universal Music Corporation hired Sean Johnson to review the videos for possible copyright infringing of Princeââ¬â¢s song. Johnsonââ¬â¢s work was to evaluate whether Princeââ¬â¢s song was a major part of the video orâ⬠¦show more contentâ⬠¦U.S. Copyright Act provided clear instructions of Internet behavior. ISP safe harbor was even adopted by Chinese legislature. Notice-take down procedure was one of the ways that a copyright holder can raise to protect his/her right when infringing of the right happens. However, things do not always go as people wish. ââ¬Å"Takedowns often mask ulterior motivesâ⬠, ââ¬Å"such as business rivalry or religious bias. Copyright owners are sending takedown notifications by the millionsâ⬠. ââ¬Å"Lenz brought up a challenge to take down notifications by the support of fair use. This was the first successful, real claim attacking good-faith belief in ten years since the DMCA was enactedâ⬠. While U.S. take-down notification receivers can use fair use provision to stand up for themselves, Chinese copyright owners can file take down notifications as long as they have ââ¬Å"(1) Name, contact information and address of the owner; (2) The names of the infringed works, performance and audio-visual products that are required to be deleted or the names of the web addresses whose link is required to be cut off; and (3) The preliminary certification materials on infringement.â⬠Part I of this paper illustrates how U.S. and Chinese law making body solve the problem of copyright owners abusing the right to file take down notifications. In this part, the problem now existing in the Internet IP world will be unveiled. As to how each different country is dealing the problem,Show MoreRelatedStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words à |à 1573 PagesCredits and acknowledgments borrowed from other source s and reproduced, with permission, in this textbook appear on the appropriate page within text. Copyright à © 2013, 2011, 2009, 2007, 2005 by Pearson Education, Inc., publishing as Prentice Hall. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any formRead MoreMarketing Mistakes and Successes175322 Words à |à 702 PagesCourier/Westford. This book is printed on acid-free paper. Copyright à © 2009, 2006, 2004, 2001, 1998, 1995, 1992, 1989, 1986, 1981, 1976 John Wiley Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of
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