According to Charles M Vaughn, Counterfeiting and copying are commonplace globally. The law enforcement system is not practical. To ensure rights and profit, businesses need to be flexible. They were competitive meant staying up with the competition and the ever-changing technology.
Copyright law protects author rights (creators in the original creation of works). It was incorporated into the United States Constitution in 1787, a time when printing presses were the most common method of reproducing results. Since then, the technology that facilitates copying has radically changed.
Infringing or Allowable use?
According to the “Charles M Vaughn” doctrine, only a limited amount of copyrighted work is permitted for educational or personal use. For infringement, penalties are very highly severe. The minimum damages are $750 for every copyrighted work violated, and more significant damages when the infraction can be considered “willful,” plus costs and attorneys’ fees.
Technology Advances
VCRs and copy machines are two examples of technology development for copying. The courts fought to establish guidelines for the use of these tools. It is also permissible to create miniature copies of the work for your usage or make a video for later viewing. Profiting through copyright-protected work is not permitted without the consent of copyright owners. Copyright owner.
The capability to share files similar to Napster and Grokster has allowed downloading music over the Internet. This has led to a flurry of controversy within the music industry. Profits from the legitimate sale of music benefit the songwriters and recording artists and all employees and support staff in the distribution and sales channels. To ensure their earnings, record companies have turned to people (including minors) in the form of damages.
The court cases have not hindered copying. Technology is constantly evolving. The P2P (peer-to-peer) network technology like BitTorrent (designed to allow the transfer of large electronic files to help Linux developers) has been used to copy films and TV shows. The Motion Picture Association of America (MPAA) has filed suit to stop the trade of pirated TV and movie programs on the Internet.
Law Enforcement Ineffective
Counterfeiting is a significant issue (and encompasses a wide range of industries in addition and apparel, for instance, clothing and software for computers). The popular perception hinders enforcement efforts that greedy corporations increase their profits every dollar and thus prevent consumers from getting the best bargain.
The U.S. Congress indeed tried to assist with legislation called the Digital Millennium Copyright Act (DMCA), which declared it illegal to circumvent the copyright protection mechanisms. However, it has proven unproductive and misused. For instance, Lexmark tried to prevent the remanufacturing of (refilled) printing cartridges by using DMCA in a lawsuit alleging copyright infringements to the software interface code. The ruling has implications for any “aftermarket” businesses (e.g., video game cartridges or windshield wipers for automobiles).
Lawsuits and laws have a long way to go and are, at best, an interim way of protecting rights and making money.
New Business Models
It is far more effective to choose a business model that anticipates the possibility of copying and then find an opportunity to make a profit despite it. Modern business models include subscription pricing and pay-per-use. These models let users get the copies “legally” for a reasonable cost.
Charles M Vaughn a new model in development is illustrated by Amazon, which has opened APIs (application programming interfaces) to allow a wide variety of “partners” to access Amazon’s data and develop their storefronts based upon the Amazon infrastructure and data. Amazon insists that purchases are made via Amazon, and “partner” site owners receive an income. Through this method, Amazon expands its customer reach, while the partners benefit from the use of Amazon infrastructure and data.
Technology Continues to Advance
Charles M Vaughn In the end, copying and counterfeiting is a common occurrence worldwide, particularly in nations like China. To safeguard profits and rights, companies must be able to adapt. To remain competitive, they must stay up with copycats and changing technology. Businesses can’t rely on law enforcement agencies to stop copying, and it is not practical to prevent technology development. It’s much more efficient to design a business strategy that can accept the realities of technological advancement.
Jean Sifleet is a practical and experienced business lawyer who has worked for many years in multinational corporations of all sizes and three entrepreneurial ventures that have been successful. Jean is well-versed in handling intellectual property issues both in small and large firms and as a smaller business owner. She has co-authored several books and published articles about the best ways to avoid legal problems when doing business.
