Understanding Copyright Law

Question: Describe about the Understanding Copyright Law. Answer: How are enforceable contracts formed? 1: For forming a contract with legal bindings one must make sure to satisfy six basic elements of contract formation. First of all the parties going for the contract must have the capacity, mutual assent and consideration to undergo the legal steps needed to form this contract. They must also make sure that everything is transparent and clear in the contract and has nothing illegal in the eyes of Law. (Stone, 2012) Given organizational ownership of property (real, personal and intellectual), analyze the rights of an organization regarding the protection of its property and the legal rights and obligations arising out of the use of the property, including environmental impact and issues where appropriate. 2: A contract of commercial or business nature can be enforced under a common law or under the Uniform Commercial Code only when these essential legal elements are present in it. Two parties are mandatory for forming any contract. Both these parties act as one who offers and one who accepts a subject. The subject matter of the contract must not be unscrupulous at any condition. (Stone, 2012) In our daily life we own many things. These can be personal, real or intellectual properties on which only we have the sole right. When dealing with such properties one is obliged to know what legal remedies are available if any party breaches a contract. In three ways one can categorize business properties. These are :- a) Real property meaning anything related to the land b) Tangible property meaning all kind of properties that can be touched like trucks, computers, equipments etc c) Intangible property have no physical being but has a value attached with it. Business, organizations or individuals protect such intellectual properties as they have immense value to them. (Kom, 2005) Given a business or commercial contract for the sale of goods and services to a customer, examine the elements of the contract, and determine whether the contract is enforceable under common law or the Uniform Commercial Code 3: Any legal contract which has a force of law behind it can be termed as an enforceable contract and is an agreement of legal nature in between two parties. For forming an enforceable contract the following elements must be covered:- An offer -A situation where one party expresses willingness for making a contract with another party. Based on the subject matter of the contract a legal binding is made where another party accepts the contract mutually. Acceptance-Acceptance is the unqualified expression given by a person to whom something is offered is acceptance of the offer. Both parties entering into the contract must be competent- This means the individuals involved are legally capable for the contract. Lawful - The contract core matter must be legal in nature. Mutual Factor- Both the parties must have the common intention to meet the terms of contract. Consideration- Consideration is an important element in the formation of an enforceable contract. (Putman, 2011) Are there "special" rules for electronic contracts? 4: Yes, there are special rules for electronic contract. The Indian Contract Act 1872 governs the way electronic contracts can be made and executed. These rules must cover the following areas:- There must have an offer The offer must all be accepted A law must govern it The parties in such a contract must have an intention to create law abiding relations The parties in such a contract must be competent. Parties making an electronic contract must also have complete free consent in it. The objective or subject matter of the offer must be legal There must also be a certainty regarding the legal performance. (Keong, 2004) Identify the various types of intellectual property and elements of infringement 5: IP or Intellectual Property refers to the creation of the human mind where exclusive rights are recognized. People like business owners, innovators and artists have exclusive rights to ow n intangible assets for a specified duration. Patents, Copyrights, Trademarks and Trade Secrets are some of the various kind of IPs. These are intangible assets for an organization. Financial institutions and business owners due to these properties get the confidence to invest into an organization. Copyright infringement is some complex actions which has the basis as deception. Such an infringement arises when one third party violates some rights that has been granted by copyright owners. For establishing an infringement there must be an evidence that the intellectual property belongs to one with all legal documents in place.(Goldstein, 2010) The challenges of protecting our information from cyber thieves. 6: Protecting sensitive information from cyber thieves today has become a challenge for us. Some of the challenges in this matter are these questions:- a) Where do cyber thieves get all information. b) How much information must be shared has to be judged. c) Enhancing malware is a challenge. d) Enormous personal information stored digitally e) Many times we do not understand that we are the victim of cyber theft. f) Phishing Scams g) Not keeping software updated h) Spammers turning the computer into a zombie References: Goldstein, P.(2010). Understanding copyright law. Retrieved from https://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/elements_of_a_copyright.html Putman, C.(2011). The Nuts and Bolts of an Enforceable Contract. Retrieved from https://www.ilovelibraries.org/article/nuts-and-bolts-enforceable-contract. Keong, C.(2004). Formation of electronic contracts. Retrieved from https://shodhganga.inflibnet.ac.in/bitstream/10603/49009/11/11_chapter%203.pd Kom, N.(2005).Guide to Intellectual Property Rights and Other Legal Issues. Retrieved from https://www.minervaeurope.org/publications/guideipr1_0.pdf Stone, R.(2012). Elements of the law of contract. Retrieved from https://www.londoninternational.ac.uk/sites/default/files/programme_resources/laws/ug_subject_guides/elements_law_contract-subjectguide4chapters.pdf