Name: Oli Ahmed Rokib ID:2017220300023 Course Code:llbh 3232 Course Title: Administrative Law Part B Answer To The Qus No:2

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Name: Oli Ahmed Rokib

ID:2017220300023
Course code:llbh 3232
Course title: Administrative law
PART B
Answer to the qus no:2

Duration of copyright:
Copyright in a literary, dramatic, musical or artistic work published within
the lifetime of the author subsists until 60 years from the beginning of the
calendar year next following the year in which the author dies 
Copyright refers to the legal right of the owner of intellectual property. In
simpler terms, copyright is the right to copy. This means that the original
creators of products and anyone they give authorization to are the only ones
with the exclusive right to reproduce the work.
Copyright law gives creators of original material the exclusive right to further
use and duplicate that material for a given amount of time, at which point
the copyrighted item becomes public domain. When someone creates a
product that is viewed as original and that required significant mental
activity to create, this product becomes an intellectual property that must be
protected from unauthorized duplication. Examples of unique creations
include computer software, art, poetry, graphic designs, musical lyrics and
compositions, novels, film, original architectural designs, website content,
etc. One safeguard that can be used to legally protect an original creation
is copyright.
Answer to the qus no:1

Neighboring rights:

Neighbouring rights based on technological investment that do not provide


for a threshold test and corresponding rule of scope, such as the
phonographic right, the broadcaster’s right and Europe’s film producer’s
right, are outdated and inherently unbalanced. The new press publisher’s
right introduced by the EU DSM Directive is similarly unbalanced.
On 17 May 2019, the DSM Directive was officially published. The new
copyright directive brings us many new and controversial elements,
including a neighbouring right for press publishers. This opinion is not to
reopen the debate on the new right, but to place it in the broader context of
a conceptual problem that is inherent to the notion of neighbouring rights.

Answer to the qus no: 7

Necessity of intellectual property law:

Intellectual property is a general term for the set of intangible assets owned
and legally protected by a company from outside use or implementation
without consent. Stemming from its ability to provide a firm with competitive
advantages, defining IP as an asset aims to provide it the same protective
rights as physical property. Obtaining such protective rights is critical as it
prevents replication by potential competitorsa serious threat in a web-
based environment or the mobile technology sector, for example.An
organization that owns IP can realize value from it in several ways, namely
through utilizing it internally for its own processes or provision of goods and
services to customers or sharing it externally. The latter can be achieved
through legal mechanisms such as royalty rights.

Types of Intellectual Property :

1. Copyrights

2.trademarks

3.patents

3.trade secrets

Answer to the qus no:4


Available criminal remedies as provided by the copyright act:
Because Congress recognizes that copyright infringement is a significant
problem that severely damages the economy, the fines and penalties under
the Copyright Act are among the most severe in law.  The remedies are
designed to provide substantial deterrence to the infringer and others, in
order to limit or prevent future copyright infringement, as well as penalize
the infringer for the past conduct, and fully compensate the aggrieved
copyright owner and recoup any gain reaped by the infringer.
When someone infringes another person's copyright, the Copyright Act
allows the copyright owner to seek several types of damages.  First, the
copyright owner may elect to recover the actual amount of money he lost
as a result of the infringement, along with any additional profits made by
the infringer.  This is known as "actual damages."  Actual damages are
intended to put the parties back in the financial position they would have
been in had there been no infringement.
Administrative remedy is the non judicialremedy provided by an agency,
board, commission or any other like organization. The administrative
remedy must be exhausted before a court takes jurisdiction of the case. 
Answer to the qus no: 6

Real life situation based examples of fair use

1.Student Projects
Includes both media and text.our fair use analysis will change depending on how the project is
presented, example, only the professor sees it, you present it to the whole class, you present it to
a group outside of the class, or you post it online for anyone to see.

2.Course Reserves
Includes electronic reserves.Instructors may copy or post small portions of books or journals for
supplementary student readings, but cannot copy entire copyrighted works as a replacement for
materials that students would normally be required to purchase.

3.Sound or Video Clips for Teaching


Students and teachers can make use of video or sound clips in creating multi-media presentations
for use in the classroom.

4.Quotes in books, news reports and blogs

5. Parody, such as on television shows like South Park or Saturday Night Live

Part A:
1.answer: b- Trademark
2.answer: a- economic rights
3.answer: b- fair use
4.answer: c- infringement
5.answer: b- because it was an adaptation
6.answer: a- original literary works
7.answer: a- copyright act 2000
8.answer:b- reproducing 300 copies for a book launching
program
9.answer: c- criminal court
10.answer: c- high court division

PART C

According to the paragraph,A book was written basen on the liberation war
of bangladesh . The person who owns a copyright is sometimes referred to
as having “title” to the copyright. A “title” is the document that establishes
ownership to property, like the title to your car or house. But even in the
absence of an official document, the owner of a copyright is often said to
have title to it. There are two ways to determine if copyright ownership has
been transferred: by reviewing the copyright registration certificate issued
by the Copyright Office, or by locating an assignment or transfer
agreement. By reviewing the copyright registration certificate,if the person
who made the movie on the book can can prof the certificate issued by the
copyright office then the previous owner can not file a suit against the
current owner who made a movie on the book.

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