The Public Interest Defence in UK Copyright Law and the impact of Essay

The Public Interest Defence in UK Copyright Law and the impact of Ashdown v Telegraph Group - Essay Example According to Hugues, the Copy right act itself does not define 'fair dealing', the interpretation of which must be judged on the merits of the individual case, allowing the courts the freedom to "tailor their decisions to the facts which are placed before them without having to work their way around an impractical definition". According to Guangyong, the last defence to copyright infringement is termed 'public interest', which is "a newer and less well-developed defence in the copyright field compared with others, whereby the work is deemed important for wider distribution and fair dealing is not applicable". In Hyde Park v. Yelland , Jacob J., "assumed that it may well be that balancing the 'freedom of expression' conferred by Article 10 of the ECHR and the 'right to respect for private life' conferred by Article 8 will involve the judges in just the same or a similar sort of exercise as is involved in judging whether there is a public interest defence" (Sutti) Sutti goes on to say that" commentators were surprised when the Court of Appeal of Hyde Park v. Yelland reversed the decision of Jacob J. denying the possibility of a public interest defence in an action for a copyright infringement." Taking the above as precedent, the first time that the English courts "fully addressed the issue of the impact of the HRA on copyright law was in the case of Ashdown v Telegraph Group Lt, which involved important issues of freedom of expression of the press and the right of the public to receive information of legitimate public interest."(Walker) In this case, The Sunday Telegraph reproduced the minute of a private meeting between Ashdown, a prominent politician, and the Prime Minister. Ashdown sued the newspaper for breach of copyright. The newspaper argued that the provision of the Copyright Act 1988 should be interpreted in context with the Human Rights Act 1998 section 3 (1) The Court of Appeal was receptive in principle to the human rights defence: "now that the Human Rights Act is in force, there is the clearest public interest in giving effect to the right of freedom of expression in those rare cases where this right trumps the rights conferred by the Copyright Act". (Griffit hs) But the appeal was decided against the appellant on the basis of fair dealing: the newspaper's activities were not fair because it had taken "too much" of Mr Ashdown's "work product". - this narrow interpretation of Laddie was to lead to criticisms of inflexibility (Griffiths) Sir Morrit assumed " the importance of the right of property and stressed the right of every natural or legal person to the peaceful enjoyment of his possessions. He continued: "intellectual property rights in general and copyright in particular constitute a restriction on the exercise of the right of freedom of expression. Thus Article 10 is engaged"." (Sutti) According to Walker, the right to freedom of expression was cited in the newspaper's argument that the Act was incapable of satisfying the requirement of being 'necessary in a democratic society'. At first instance this argument was rejected with Morritt V-C stating that, "The provisions of the Act alone can and do satisfy the 3rd requirement of article 10(2) as well. The needs of a democratic soci

Auditing-Accsys Technologies Plc Case Study Example | Topics and Well Written Essays - 1250 words

Auditing-Accsys Technologies Plc - Case Study Example It is exposed to overestimation of financial figures as in the current fiscal it has adopted IFRS for the group has a whole and follows UK, GAAP for its parent company. Unlike in GAAP, under IFRS it requires companies to value financial items at fair market value. If the market value of the asset is more than its written down value, it will lead to overestimation that increases the inherent risk (Carcello & Nagy, 2004). Accsys Technologies Plc has revised its accounting reporting standards from GAAP to IFRS for its group as a whole and not for the parent or subsidiary companies. It adopted IFRS 13 and IAS 1 for the current period. IFRS 13 fair value measurement implies that the value of the financial and non financial items will be recorded in the books at market price which includes inventory, assets, investments, etc. The change in reporting standard might exhibit highly geared assets i.e. assets might have a relative low price in the domestic market compared to the value of its final product. Accsys Plc reported a 78% increase in its revenue and the EBITDA margin for its Arnhem plant was â‚ ¬2.4 million compared to a loss of â‚ ¬.9 million in the last fiscal. The resulting difference in the operating income and loss is a key indicator of its reporting mechanism than its increased demand in the global market (Accesys Technologies, 2015). In the current fiscal Accsys discontinued its licensing partnership with Diamond Wood China Ltd and as per the order of the tribunal was supposed to pay  £1.6 million. It also incurred legal costs of  £.6 million. Such transactions did not feature in its annual report of 2014 and thus clearly indicates the risk of misstatement i.e. arising out of error or intentional actions (Khurana & Raman, 2008). Accsys Plc is in the practice of recognising all cost of revenue to the Arnhem manufacturing plant if it cannot be recognised with the licensee.

Three Big Ideas About Child Development Young People Essay

Three Big Ideas About Child Development Young People Essay Understanding child development means that we as carers and parents can understand skills and typical behaviours of children within our care, providing an environment which is nurturing and one that will foster growth. Laura Berk (2000) provides a simple definition of child development; a field of study devoted to understanding all aspects of human growth and change from conception through adolescence. (Berk: 2000, p4). This paper will look at three important theories of child development that you as a teacher or parent should know in order to understand the changes that take place from birth to adulthood. When we talk about child development we refer to three stages called development areas; Physical development involves the growth and change in a persons body and body functions. In this domain we look at the physiological and motor development as well as the influences of health, illness and nutrition. Cognitive development refers to the growth and change of a persons ability to process information, solve problems and gain knowledge. In this area we consider the study of brain development, memory, learning, thinking, language and creativity. Social-emotional development involves the growth and change of our interactions with others and our feelings. Included in this area is the study of relationships, emotions, personality and moral development. Whilst we discuss each area of development separately it is important to realise that they do overlap. One domain can influence the other. Interest in the field of child development began early in the 20th-century. (ref) Many theories have been put forward to explain why and how children develop. Theorist Jean Piaget played a major influence on the way we understand children. He explained childrens development in terms of their cognitive development in a theory known as Piagets theory of cognitive development. Piaget believed that children think differently from adults, arguing that its not that children know less than adults but their thinking skills are qualitatively different. (ref) Many of his ideas came from observing his own children. Piaget was convinced that intellect grows through processes he termed assimilation and accommodation. Assimilation refers to using existing mental patterns in new situations. (ref) In accommodation, existing ideas are modified to fit new requirements. Thus, new situations are assimilated to existing ideas, and new ideas are created to accommodate new experiences. In his theory children mature through a series of distinct stages in intellectual development. Sensorimotor (0-2years): Piaget believed that an infant is born with no way of making sense of the world. Infants use reflexes which act on the world in specific ways so that the child gradually adapts to the world. Motor movements are seen as the basis for the eventual development of intelligence. These slowly become separated from motor activity as the child learns to represent objects, actions and thoughts through play and language. According to Piaget, object permanence emerges during infancy. This relates to the understanding that objects continue to exist even though they are out of sight. Preoperational (2-7 years): Piaget describes toddlers thinking as illogical. This is due to two main characteristics of their thinking processes; egocentricism and centation. Piaget sees young childrens thinking as egocentric; meaning they can only see things from their point of view. They cannot take into account the ideas or needs of others. Due to their stage of cognitive development their thinking is not yet flexible enough to consider more than one aspect of a given situation. They are now in a stage of self-centred thinking. (ref). Centration is the term Piaget uses to describe young childrens tendency to focus their attention on a single aspect of a situation or object. This is where Piagets experiment for the conservation of volume. This stage of development also describes toddlers having improved memory skills, problem solving skills and begin to understand concepts; for example, words such as big and small, colours and the ability to recite numbers. (ref) As children progr ess into pre-school, children practise mental representations by using mental imagery and language symbols. (Ref) Concreter Operational (7-12years): The typical school aged child is entering this stage of development. Children begin to think logically however, they tend to need concrete objects to help them solve problems rather than being able to use abstract ideas. (ref). Piaget would describe the school age child as less egocentric. According to his theory a child is now able to view the world and themselves from other perspectives. (ref) Children at this stage have a longer attention span, a better concept of time and distance and their ability to remember improves. Formal Operational (12-15years): Children at this stage break away from concrete objects and thinking is based more on abstract principles, such as honour or democracy. (ref). Full adult intellectual ability is attained during this stage. For Piaget, the development of scientific reasoning is the pinnacle of development. (Vialle, Lysaght, and Verenikina: 2008, p55). At this stage older adolescents can comprehend math, physics and other abstract systems. (ref). Some critics have faulted Piagets theory on several grounds but mostly for its vagueness. Some would say that Piagets theory has limited our perception of childrens capabilities- particularly in the pre-school years. (ref). Others may say there has been too much focus on what children cant do rather than what they can. According to Siegler (2004) children continuously gain specific knowledge; they do not undergo stage like leaps in general mental ability. (more) However, Piagets work has encouraged us to see childrens cognitive skills as being different from those of adults. His theory is valuable for understanding how children think. If we understand how children think and learn we can provide a stimulating environment that will support their learning. Using Piagets theory of cognitive development, a teacher or parents role is to provide the stimulation and observe carefully to see when to step in and interact or change experiences (ref). (125 more) While Piaget stressed the role of maturation in cognitive development, Lev Vygotsky focused on the impact of socio-cultural factors. His Socio-cultural theory of cognitive development saw that social interaction and language has a major influence on the development of childrens thinking. Vygotsky places great importance on the tole of significant adults such as teachers, parents and also peers. -The zone of proximal development: Like Piaget, Vygotsky believed that children actively seek to discover new principles. However there is emphasis that many of a childs most important discoveries are guided by these significant adults. (ref). Vygotsky realises that some tasks can be beyond a childs reach. The child is close to having the mental skills needed to do the task, but it may be slightly too complex to be mastered alone. The zone of proximal development means children learn with the guidance and assistance of those within their environment. Parents, teachers or other sensitive caregivers will know that children will need assistance, guiding the child to support them in the learning process. Vygosky argued that childrens thinking is highly influenced by interactions and conversations with other peoples. If we want to understand how children think and learn, Vygotsky proposes that we need to observe them when they are relating with others. (ref). Vygotsky proposed that language plays a critical role in learning. He noted that preschoolers often talk to themselves as they complete activities and tasks. He called this Private speech. According to Vygotsky, private speech enables children to talk through problems (ref). Erik Erikson proposed a theory of development that focuses on the emotional and social aspects of development and how these impact on the overall development of the person from infancy to old age. (ref). He called it a Psychosocial theory of development focusing on the social experiences we have in life that shape our psychological make- up. Erikson was a student of Sigmund Freud and believed that the social interactions an individual experiences has a greater influence on development. (ref). Erikson identified eight stages of development over the entire human lifespan, each stage marked by a crisis. If each crisis is resolved in a positive way then the child would develop high self esteem and was more likely to respond to the next crisis in a positive way, developing a healthy personality. If the crisis was resolved in a negative way then it was likely the child would develop low self esteem and have difficulty resolving future crisis. (ref). His theory, particularly the first four stages hold vital considerations for you as a teacher or parent, ensuring that young children develop and maintain a positive sense of emotional wellbeing. -Stage one (0-1 years) Trust vs Mistrust: According to Erikson, a critical emotional struggle in infancy is between trust and mistrust. Emotionally healthy babies come to understand they have nurturing, responsive caregivers who meet their basic needs. They view the world as safe and enter into trusting relationships with caregivers and later, other individuals. However, a degree of mistrust is also important to keep infants safe from harm. But for the most part, the emotionally healthy baby is trusting of the world. (ref) A critical part of achieving trust from Eriksons view is the ability of infants to come to know and develop an emotional tie with caregivers; also known as attachment. Mary Ainsworth described attachment as the affectional tie that one person forms to another specific person, binding them together in space and enduring over time (Ainsworth: 1973). Stage two: (1-3 years) Autonomy vs Shame and Doubt: Once toddlers have developed a sense of trust with significant adults and understand their basic needs will be met, they are willing to venture away from the safety of parents and caregivers. We see this as striving for control over their environment. (ref). Children express their growing self control by climbing, touching, exploring and trying to do things for themselves (Coon Mitterer: 2007). Offering support, achievable tasks and time, children are more likely to experience success and thus feel autonomous and develop feelings of positive self-esteem. (ref). However, if we are impatient, provide tasks that are too difficult or become unsupportive with their efforts, children will develop feelings of shame and doubt about their abilities, resulting in low self esteem. Stage three: (3-5 years) Initiative vs Guilt: In this psychosocial theory of development, Erikson saw the preschool years as a time when children develop a sense of initiative. Preschoolers develop an increasing sense of their own ability and have a desire to make things happen. Through play, children learn to make plans and carry out tasks. Parents can reinforce initiative by giving children freedom to play, ask questions, use imagination and choose their own activities. (ref). When encouraged, this sense of initiative will support the development of high self esteem. However, when preschoolers receive negative feedback, prevent play or punished for trying to plan and make things happen they will develop a sense of guilt, thus developing low self esteem. (ref.) -Stage Four (6-12 years) Industry vs Inferiority: Middle childhood is the time to resolve the crisis of industry versus inferiority, according to Erikson. Primary school years are a childs entrance into life, where children begin to learn skills valued by society. His theory states that as children gain positive feedback from developing skills required for their particular culture, they will develop a sense of industry if they win praise for productive activities such as building, painting, cooking, reading and studying. This high self esteem will motivate children to challenge new tasks. However, if children receive negative feedback and have trouble developing skills and a sense of inferiority will arise, resulting in low self esteem and less motivation to try new tasks. (160 more)

The Flynn Effecct

Coupled with the given assumption, I do agree that human being is getting smarter. The reason of the growth in humans intelligent is affected by several factor. The factor that took Into consideration is shown as below: – 1. 1. 1 Technology: The conveniences that technology brought to this society, not only bringing conveniences to our daily. It also shift the human Intelligent paradigm to towards the right. Therefore the Intelligence Quotient (IQ) score are rising at the rate of 3 IQ points Increased per decade. 1. 1.Right to education: In the olden days, education could only affordable for the royalty and the rich. However, civil revolution has brought the awareness of the Importance of education. After World War II (1945), education system has embark the education system across some national(s). At the global level, Article 13 of the United Nations (1966), under the department of International Covenant on Economic, Social and Cultural Rights recognizes the right of everyone to an education. This recognition has strengthen the right for everyone to learn, having the opportunity for education, human intelligent end to continually increase as well. . 1. 3 Individual Psychology Behavior towards Media Influence (Media Psychology): Media psychology studies how media as a factor influence how people perceive, interpret, respond and interact in this cutting-edge century. To be able to perform as a media user, language abilities and reading is important. The increase of this awareness, indirectly influence human eager to learn and speak for their voice. Having this unaware awareness, it also helped in the human intelligent paradigm shift. This factor may not appear as an obvious factor UT it is a grey area to be studied further. 1. Which of the factors explaining the Flynn effect do you accept? Drawing upon the understanding towards the given case, the Education factor and Test-taking as'. N. Y factor are the main drives towards the growth in human intelligent . 1. 2. 1 Education: Students today are better educated than their ancestors, and education leads to higher test scores. 1. 2. 2 Test-taking save,y: Today's children have been tested so often that they are test-savvy. They know how to take tests and how to do well on them. 1. 3 If the Flynn effect is true, does this undermine the theory that IQ is most inherited?Why or why not? Based on the background study and understanding towards IQ, human intelligence Is not only difficult to measure; it is also difficult to define. Intelligence Is a combination of what we know (Knowledge), skills and ability to understand and reason – that Is the cognitive abilities continue to grow throughout our lives, rather than being set at birth. To answer this question In precise, IQ has only small percentage Is Inherited, biology Is only part of the Intelligence package; other factors Including our dally bobtail, what we eat to where we live, can also affect our Intelligence.

Euthanasias Place in a Civilized Society Essay - 763 Words

Euthanasias Place in a Civilized Society Euthanasia beyond any doubt does not have a place in our civilised society. It is undoubtedly murder and people who are severely disabled or terminally ill should unquestionably still die naturally. Euthanasia is the act of causing somebody to die gently and without pain. there are two types of euthanasia. One is active euthanasia which involves a lethal injection given to someone who is severely disabled or terminally ill. The other is passive euthanasia which involves doctors to withdraw all treatment to their patients. To begin with many people decide to end their lives when they are told they have a life threatening disease. This will lead to them†¦show more content†¦Euthanasia by all means should remain illegal because doctors may leave the profession as they might not feel comfortable in participating in any form of euthanasia and they have taken an oath at the start of their medical career to do everything in their ability to keep their patients alive but euthanasia being legalised will break that promise. Also euthanasia may prevent the future generation of doctors in joining the profession. This could be a major problem for the NHS and other medical services as they are already short of staff. Many critics of euthanasia will agree with this point as did Dr Peggy Norris who says that if euthanasia is legalised, many objections on moral grounds could mean poor job prospects for doctors who werent willing to kill their patient on request. This is recipe for a nightmare. I am convinced that if euthanasia is legalised it will prevent patients travelling to the hospitals. There is conclusive evidence for this statement as Dr Peggy Norris, a GP of Liverpool, has claimed that in Holland were euthanasia is practised, some elderly people have to be counselled before they go into hospitals because they are frightened they will be put down. This makes it clear that euthanasia will affect many people. Another reason that euthanasia should most definitely not be legalised is because allowing such

Statistical Measures of Unemployment

Most data regarding unemployment in the United States is collected and reported by the Bureau of Labor Statistics. The BLS divides unemployment into six categories (known as U1 through U6), but these categories dont line up directly with the way that economists categorize unemployment. U1 through U6 are defined as follows: U1 Percentage of labor force unemployed 15 weeks or longerU2 Percentage of labor force who lost jobs or completed temporary workU3 Percentage of labor force who are without jobs and have looked for work in the last four weeks (note that this is the officially reported unemployment rate)U4 U3 plus the percent of the labor force that counts as discouraged workers, i.e. people who would like to work but have stopped looking because they are convinced that they cant find jobsU5 U4 plus the percent of the labor force that count as marginally attached or loosely attached workers, i.e. people who would theoretically like to work but havent looked for work within the past four weeksU6 U5 plus the percent of the labor force that counts as underemployed, i.e. part-time workers who would like to work more but cant find full-time jobs Technically speaking, the statistics for U4 through U6 are calculated by adding discouraged workers and marginally attached workers into the labor force as appropriate. (Underemployed workers are always counted in the labor force.) In addition, the BLS defines discouraged workers as a subset of marginally attached workers but is careful not to double count them in the statistics. You can see the definitions directly from the BLS. While U3 is the main officially reported figure, looking at all of the measures together can provide a broader and more nuanced view of what is happening in the labor market.

Insecure Gender Identity - 1090 Words

Results that demonstrated the influence of overconfident gender identity on maltreatment yielded slim support: children who reported a significant intergroup bias as well as a high self-efficacy for popularity among peers were increasingly the perpetrators targeting gender-atypical peers (Pauletti et al., 2014). Generally, children with an overconfident gender identity view their gender as superior and this feeling of confidence translates into their dominant social status. According to Pauletti et al. (2014), self-perceived popularity and attractiveness is correlated with aggression in adolescents. The findings for insecure gender identity demonstrated strong support related to the tendency to harass gender-atypical individuals (Pauletti et al., 2014). Consistent with the hypothesis, children who possessed strong gender biases, demonstrated a lack of self-worth, or viewed themselves as inconsistent with their gender experienced a self-discrepancy that was associated with anxiety and frustration and focused their insecure feelings towards their gender-nonconforming peers (Pauletti et al., 2014). Additionally, children who reported felt pressure for gender differentiation but perceived themselves as gender-atypical displayed aggressive behaviors toward non-conforming peers (Pauletti et al., 2014). Similarly, children who possessed low within-gender identity (experience discontent with their gender) and lacked self-efficacy and self-worth increasingly singled out theirShow MoreRelatedThe Black And Burgundy Made Me Essay1392 Words   |  6 Pageslabel on myself. Many individuals questioned my sexuality and gender. 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