Thursday, February 27, 2020
Intellectual Property Law Essay Example | Topics and Well Written Essays - 1750 words
Intellectual Property Law - Essay Example This fact is negligible. Wherever the deal took place is irrelevant. As long as there was some verbal agreement, that could still be considered a contract, as will be shown in the next point. 3. No formal contract was signed between TWD and Yello. Even though TWD and Yello did not sign a contract, LMI and TWD made the agreement that LMI would arrange it so that they would pay TWD to set up a website for the band. ââ¬Å"Such relationships are termed quasi-contract. Although there is no contract or agreement between the parties, they are put in the same position as if there were a contract between them.â⬠1 The definition of what a quasi-contract is can be given here. As defined in Blackââ¬â¢s Law Dictionary, a quasi contract is ââ¬Å"an obligation which law creates in absence of agreement; it is invoked by courts where there is unjust enrichmentâ⬠¦ [The] [f]unction of ââ¬Ëquasi contractââ¬â¢ is to raise obligation in law where in fact the parties made no promise, an d it is not based on apparent intention of the parties.â⬠2 Also, contracts do not have to be written down to be enforceable. A contract, by definition, is ââ¬Å"[a]n agreement between two or more persons which creates an obligation to do or not to do a particular thing. Its essentials are competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation.â⬠3 Additionally, a contract ââ¬Å"is formed in any transaction in which one or both parties make a legally enforceable promise. A promise is a commitment or undertaking that a given event will or will not occur in the future and may be express or implied from conduct or language and conduct. A promise is legally enforceable where it: was made as part of a bargain for valid consideration; reasonably induced the promise to rely on the promise to his detriment; or is deemed enforceable by a statute despite the lack of consideration.â⬠4 There are several types of contracts, in addition. Contracts may be one of three types: express (an agreement brought about by words); implied-in-fact (an agreement brought about by conduct); or implied-in-law, also known as a ââ¬Å"quasi-contractâ⬠(which is ââ¬Å"not a true contract but an obligation imposed by a court despite the absence of a promise in order to avoid an injustice.â⬠5 Since it has been shown that there was a quasi-contract between LMI and TWD, TWD is now committed to performing services for LMI under the deal that was hammered out in the Wine Barââ¬âeven though nothing was put down in writing in a formal sense. However, this could indeed hurt LMI later as one shall see. 4. The website includes photos of Yello given to TWD, and three (3) short extracts of songs from Yelloââ¬â¢s first album. TWD does not necessarily own the images or the three (3) short extracts of music given to TWD in order to market the band Yello. The copyright of the music belongs to LMI since they had a deal sign ed with them. Whoever took the photographs (one would presume that would be the photographer) who would own the copyrights to the band Yelloââ¬â¢s photos. However, if Yello purchased the copyright of the images, then the images belong to themââ¬âor if the Yello bandââ¬â¢s image is already copyrighted. This can be a complex issue. If Yelloââ¬â¢s image is not copyrighted, it may be able to be distributed other places. Also, the copyright on the song excerpts must also be copyrighted in order to make sure that if there is any type of infringement, then the people or person infringing upon the copyright of
Monday, February 10, 2020
Examine critically the nature and lasting impacts for domestic Essay
Examine critically the nature and lasting impacts for domestic business environment of the global financial crisis of 2007 - Essay Example Johnson et al (2008, p.55) identify the PESTEL framework as a means of analysing the environment. Following the corporate scandals of Enron and WorldCom, several commentators have added ethics to the list of analytical factors and it is this approach that will be used to analyse the macro-environment of the UK following the global financial crisis of 2007. The STEEPLE framework considers the Socio-cultural, Technological, Economic, Environmental, Political, Legal and Ethical factors that affect business and over which business has no control. An analysis of the current environment is as follows: Figure 1: Macro Environmental Analysis Although this analysis is brief, it provides insight into potential problems facing the UK in the short- and medium-term in different areas. Some of these will be evaluated in more detail. Socio-Cultural Factors Factors within this area tend to be long-term trends, such as the changing pattern of work and womenââ¬â¢s participation in the labour market . Following the UK general election in 2010 and the change of government, there has been a significant shift in the approach to the public sector and state support for the countryââ¬â¢s population. ... The OECD are reported as stating that the cuts ââ¬Å"risked derailing economic recoveryâ⬠(ibid), with the IMF highlighting that unemployment levels will increase dramatically, leaving many people facing a significant reduction in their ââ¬Å"livelihood, security and dignityâ⬠(ibid). They also highlight that following job losses, people suffer from health problems. Children of parents without work do worse in school and overall ââ¬Å"faith in public institutions and democracyâ⬠(ibid) is reduced. The previous year, the OECD has predicted a ââ¬Å"full-blown social crisisâ⬠following the expected rise in global unemployment (Seager, 2009). The OECD secretary general was reported to have said that: ââ¬Å"restoring global growth is an economic and political priority but also an ethical, moral, social and human imperative. And employment and social policies are an essential component of a successful strategy to bring .... countries back on a growth trackâ⬠( Seager 2009) This demonstrates that the different elements within the macro-environment are interrelated and cannot really be separated as this analysis suggests. The over-riding fear in the social domain is an increasingly polarised society with the haves doing much better and the have-nots being pushed into poverty as unemployment increases and welfare benefits are cut (Armour 2010). Technological Factors Technology includes not only information technology but the processes by which manufacturers and service providers create and deliver their products. Although the biggest impact in the technology area has been the increasing power and availability of computing power, the impact for manufacturing should not be forgotten. Most homes in the UK now have access to a personal computer and the internet, allowing them
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