Case Studies

INTELLECTUAL PROPERTY

Copyright

  • Stop the Music, I Want My Royalty -- The Public Playing of Music in Restaurants and Businesses:

ABSTRACT

In 1790, the founding fathers originally did not provide specific copyright protection in the United States to musical works, musical compositions, or sound recordings. However, as the technological and political developments occurred in the United States the original copyright protection provided in Article I, S 8, cl. 8 expanded to include music.

The first protection for music occurred with the enactment of the 1831 Act. Over time, Congress and the Courts supplied additional factors for copyright protection of musical compositions culminating in the 1976 Copyright Act. The Fairness in Music Licensing Act made further revisions in 1998.

The passage of the Fairness in Music Licensing Act drew an immediate attack from both United States musical composition and sound recording copyright owners and a unified European Community. At stake was the copyright owners' individual exclusive right for a royalty and their ability to collect royalties. The Fairness in Music Licensing Act created a business exception that provided the exemption for any business under 2,000 square feet and any restaurant under 3,750 square feet when copyrighted works were played as a public performance over a sound system connected to a radio.

This paper examines the conflict between the U.S. Copyright Act with its homestyle and business exceptions and the obligations created between the European Community and other international trading partners through the Trade-Related Aspects of Intellectual Property (TRIPS) agreement.

Further, the U.S. copyright law has to catch up to the technological changes in the music industry. Inclusion of these changes may provide a solution to the U.S. liability imposed by the World Trade Organization (WTO) regarding the present U.S. Copyright Act.

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HEALTH LAW

Informed Consent

  • A Case Study for a Recommended Informed Consent for Eye Surgeries

ABSTRACT

Thesis statement: a comprehensive informed consent standard for eye surgeries can be developed by analyzing emergency surgeries, court decisions, analytical recommendations for informed consent, and practical applications of it.

Using the checklist developed in this paper, ophthalmologists, and vitreous and retina surgeons (in this paper surgeons, physicians, and doctor all refer to a retina and vitreous surgeon) will save time and protect themselves legally by getting detailed informed consent for complex eye surgeries. My real-life experiences with two emergency surgeries, my analysis of court cases, and my research on recommended and required elements of informed consent are presented to provide a workable and efficient informed consent procedure for eye surgeries or any complex surgery. Additionally the checklist will protect patients by providing them with sufficient information required to make an informed decision. Providing the physicians with a legally sound and comprehensive informed consent checklist encourages and expedites the physician-patient dialogue, fully documents patient's informed consent and protects physicians against claims of incomplete or inadequate disclosure of information.

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