Thursday, January 30, 2020
Underlying Causes of Power Struggle in Marriage as Gleaned from Literature Essay Example for Free
Underlying Causes of Power Struggle in Marriage as Gleaned from Literature Essay In the movie, Sylvia, talented poet and writer Sylvia Plath drives her husband intot he arms of another woman. Fed up with her recurring bouts of jealousy and insecurity, and the ensuing rounds of arguments and quarrels, he breaks free to preserve his sanity. Her world crumbles and she eventually commits suicide. A closer look points to indubitable flaws not just from the female but from the male, moreso from society around which their world revolves. The life story of the legendary Sylvia Plath, highlighted by her tumultuous relationship with husband and fellow poet Ted Hughes, provides a clear-cut illustration of marital power struggle.            Elisabeth Bronfen , a specialist in 19th and 20th century literature and a professor of English and American Studies, noted that the culprit in the tragic conflict between Sylvia Plath and Ted Hughes was her â€Å"unbroken dependence on her perfect mate (which) lets her fall prey to jealousy, envy, anger, humiliation and burning loneliness when her trust in him is called into question†¦Ã¢â‚¬ (Bronfen 46). Indeed, nothing perhaps can agitate or vex a man more than a woman’s constant nagging, mistrust, and fault-finding, especially when has not done anything yet to deserve it. To aggravate the situation, and as portrayed in Henrik Ibsen’s â€Å"A Doll’s House†, society dictates that a man must be the dominant individual in a marriage. The uneasiness of most men that arises when this is not followed is often what leads to fights (blatant outward sign of the power struggle) and worse, the eventual collapse of the partnership and, in Sylvia’s case, the worst tragic consequence – death.            The power struggle between husband and wife, or other similar pair of individuals in a relationship has, since time immemorial, existed not just in movies and books but in real-life settings. A power struggle in marriage emerges somewhat like `art imitating life’ and vice versa.            On the part of female partners, one must consider that there are other factors that account for the tangled web of emotions and personalities that women assume and drive them to engage in a â€Å"power struggle†with their mates. Women have been portrayed countless times in literature as being compassionate or easily taken advantage of, but able to put up (or attempt to) put up a fight when pushed too far.  In some instances, belonging to a clique has also been depicted in classic literature as a threat to a couple’s union. When constant interaction from the male or female’s side breeds contempt, jealousy and rivalry, it tends to destroy a couple’s relationship, as illustrated in Jane Austen’s sequel to Pride and Prejudice, â€Å"Mr. Darcy Presents his Bride written by Helen Halstead. In the latter’s book, Elizabeth Bennet’s prestigious clique posed a threat to her new marriage to Fitzwilliam Darcy.            Society undoubtedly plays a major part in heightening the power struggle between man and woman in a marital bind.            Antoinette Stafford in â€Å"The Feminist Critique of Hegel on Women and the Family†cited 18th century thinker Mary Wollstonecraft’s argument, â€Å"If women are in fact often frivolous, swayed by emotion and lacking in `the manly virtues of moral courage and disinterestedness, then this is not their natural character. Rather, it arises solely because of educational practices and social expectations which prevent them from perfecting their latent rational capacities.†In The Internet Encyclopedia of Philosophy, James J. Delaney referred to Jean-Jacques Rousseau’s treatise on education pertaining to â€Å"Women, Marriage, and Family†: â€Å"Hers is not as focused on theoretical matters, as men’s minds are more suited to that type of thinking. Rousseau’s view on the nature of the relationship between men and women is rooted in the notion that men are stronger and therefore more independent. They depend on women only because they desire them. By contrast, women both need and desire men. Sophie is educated in such a way that she will fill what Rousseau takes to be her natural role as a wife. She is to be submissive to Emile.†Reacting to J.J. Rosseau’s abovementioned treatise, which also envisions an education for the boy that will foster an independent mind and spirit, autonomy and self-sufficiency, while his female counterpart is to be educated to please the male companion-to-be and in the process fulfill her womanly potential, Wollstonecraft argued that â€Å"..a separate standard of excellence for woman undermines the universality of rational freedom.†This rational freedom is at the core of the existentialist theory that is also among the larger causes of the power struggle occurring in a marriage. As Simone de Beauvoir expressed, â€Å"It is the individual who bears responsibility for the world†¦ It is the individual’s responsibility to create meaning through her choices†(Andrew 26). Existentialism, in essence, pertains to â€Å"ideas of choice, meaning and the limits of existence.† It is up to each individual to use his freedom to choose his actions and interactions in the world (Andrew 25), even if it is bound to instigate a power struggle at some point in a relationship. If someone opts to subjugate or be subjugated, often it arises from that person’s free will. In â€Å"The Feminist Critique of Hegel on Women and the Family,†Stafford cited how Simone de Beauvoir and subsequent thinkers set forth: â€Å"Lives circumscribed by domesticity and child-rearing are not fully human and women who accept the socially constructed belief in a pre-given female nature, and hence in a determinate female destiny, are accomplices in their own enslavement. The only means beyond this self-imposed oppression is actively to seek a reversal of roles, accepting and identifying oneself with the male model of transcendence†¦Ã¢â‚¬ In many parts of Asia and elsewhere in the world, one will see such reversal of roles widely practiced, both in literary pages and in real life. The â€Å"Good Woman of Setzuan†by Bertolt Brecht encapsulates such reversal of roles. The heroine, Shen Te, strives hard to love a good life in brutal pre-Communist China. She disguises herself as a man and finds her compassionate persona transformed into a violent, unconquerable character which allows her to cope better with the world around her. Indeed, assuming the male’s `strong, stern and aggressive’ characteristics often works in the male-dominated society. When women rise to the challenge of being co-equals with their mates over and on top of their preordained role as nurturer of family values, in some cases overshadowing their male counterparts, the power struggle is ignited. Many great works of literature have shown how women either succumbed or fought their way out of enslavement by the male species. Henrik Ibsen’s â€Å"A Doll’s House†is a much studied work that gives light to how a woman achieves self-liberation by leaving the confines of the home. The online study guide by SparkNotes: A Doll’s House, Themes, Motifs Symbols draw attention to how the instability of appearances within the main character’s household at the play’s end results from the main male character’s obsession with status and image. Most men’s preoccupation with status and image, including having a ‘trophy wife†by their side, may be commonplace, but feminists have not let this vision of male superiority go by without much lamentation.  Emily Friedman, in an article posted in ABCNews.com on July 13, 2007, departed from stereotypes and provided a positive connotation to the phrase, `trophy wife’ when she quoted author Anne Kingston (who wrote â€Å"The Meaning of Wife†): The idea of the trophy wife has progressed so that men want a woman who has some social equality, and its not a dominant-submissive relationship†¦ Increasingly, its not simply the decoration that a truly accomplished man wants, but an equal. Nonetheless, the Hegelian belief that `nature has assigned woman to the family’ may still be embraced by certain societies in the contemporary era, but the woman we find now has certainly metamorphosed to am multi-tasking and active participant in community affairs and national life. What well-meaning quarters caution, though, is the possibility that society’s basic institution – the family – may tend to be overlooked when both husband and wife assume a place in civil society and doggedly pursue their careers and personal aspirations. Herein lies another major issue of debate between husband and wife, especially when they fail to compromise. â€Å"The Feminist Critique on Women and Family†by Stafford also noted how women vary in their perception of what is `oppressive†and what is not. While serving as housewife may be denigrating and limiting (in terms of personal freedom) for some, â€Å"it may be regarded as a chosen instrument for creative self-expression†in others. Infidelity , whether imagined or actual, and argued by most as being part of the inherent nature of men, is another major source of friction between husband and wife. Whether infidelity, though, arises from protracted oppression from, or a form of assertion by, the husband, or the wife herself, is open to debate. During the Elizabethan Age, a wife’s fidelity was regarded more as an obligation foisted by society and circumstances. In The Literary Encyclopedia, classical literary critic and lecturer Ros King noted how William Shakespeare’s Taming of the Shrew â€Å"reasserts male dominance†.            Another online site, Academic Forum, Sherri Thorne’s article, â€Å"Shakespeare: Advocate for Women in The Taming of the Shrew†noted how it was Shakespeare’s intention to show that family and society have contributed to the circumstances that make the female character, Katherina, the shrew she is. Her male counterpart in the story, Petruchio, recognizes that Katherina’s shrewish behavior is a societal response. â€Å"Shakespeare uses Petruchio to present his definition of the proper relationship between a husband and his wife†¦ At their first meeting, Petruchio and Katherina engage in an energetic and emotionally charged verbal exchange. Katherina strikes Petruchio when her verbal attacks are ineffective. Generally, Katherina’s words are effective artillery to keep her adversaries sufficiently subdued†¦ Petruchio gains control of the situation, keeping their sparring verbal rather than letting it escalate into physical violence†(Thorne 59) This exemplifies the genteel demeanor observed by most during the Elizabethan age. In the Comprehensive Online Educational Resource, Anne Parten noted the significance of another Shakespearean work, Merchant of Venice, citing the a ring as symbolism for man’s potential for fidelity, and the lead female character, Portia, is shown to have superiority over all the male characters. Whatever the underlying causes pointed out by perceptive literary minds as instigators of the power struggle occurring in marriages or relationships, men and women will continue to be at odds with each other on matters ranging from trivial and absurd to highly complex, simply because that is just how differently they are wired. In the words of Robert Louis Stevenson, â€Å"Marriage is like life in this – that it is a field of battle and not a bed of roses.†Works Cited Andrew, Barbara S. â€Å"Beavoir’s Place in Philosophical Thought.†The Cambridge Companion to Simone de Beauvoir. Ed. Claudia Card. New York: Cambridge University Press, 2003. 25-26. Bhatia, Praveen. Macbeth. New Delhi: UBS Publishers’ Distributors Pvt. Ltd., 2007. Brecht, Bertolt. Good Woman of Setzuan. England: Penguin Books Ltd., 2007. Bronfen, Elisabeth. â€Å"Trophy Wife: Just Hot or Smart Sexy?†Sylvia Plath. 2nd ed. UK: Athenaeum Press Ltd., 2004. Friedman, Emily. 13 July 2007. ABCNews.com. 28 January 2008 http//www.abcnews.go.com/US/story?id=3372209page=1. Halstead, Helen. Mr. Darcy Presents His Bride. California: Ulysses Press, 2007. Ibsen, Henrik. A Doll’s House and Other Plays. Penguin Group (USA) Inc., 1973. King, Ros. â€Å"The Taming of the Shrew.†The Literary Encyclopedia. 2 November 2004. Queen Mary and Westfield College, University of London. 28 January 2008 http//www.litencyc.com/php/sworks.php?rec=trueUID=7887. Parton, Anne. Comprehensive Online Educational Resource. eNotes.com, Inc. 28 January 2008. http://www.enotes.com/merchant/portia. Shakespeare, William. Merchant of Venice. New York: Penguin Books Ltd., 1994. Shakespeare, William. Taming of the Shrew. New York: Penguin Books Ltd., 1995. Stafford, Antoinette. â€Å"The Feminist Critique of Hegel on Women and the Family.† 25 January 2008 http//www. mun.ca/animus/1997vol2/staford1.htm. Thorne, Sherri. â€Å"Shakespeare: Advocate for Women in The Taming of the Shrew† 2003-04.   Academic Forum. 28 Jan 2008
Wednesday, January 22, 2020
Personal Narrative- September Eleventh :: Terrorism Terror
Personal Narrative- September Eleventh No one knows what tomorrow will bring or may not bring. In the course of the past year, this idea was extremely prevalent. Because of the September tragedy, many people were uneasy and unnerved about daily situations. This concern caused people to look at things in a new, almost like an â€Å"enlightenment†initiator. September the eleventh is a day I will always remember; not only for the obvious reason, but for the important way it affected my feelings towards my family. How could anyone forget the day America was attacked? I remember driving to school on the day of the attack. The Texan breeze brushed fallen leaves across the roadway as I pulled into my high school parking lot. It was a day like any other, or so I thought. During my first period class, I was supposed to play my solo and ensemble piece for one of the band directors so they could help me. As I sat in the office and played a concerto by Mozart on the French horn, the band director listening to me got a cell phone call. I stopped playing so she could answer the phone call. It was the other band director’s wife reporting the attack. The first feeling that came to me was unbelief, but as I walked around the school and saw teachers with their TV’s stationed to news channels I saw the horrific pictures. I later found out that some of my relatives were in the World Trade Center Towers that day. No one knew if they were all right. My family eventually got a phone call reporting that they had gotten out o.k. Another family member was affected by the attack. My dad, who is in the Air force, received a notice and was re-stationed to Minot, North Dakota. He was there for about a year and a half. He may be shipping out soon to go to the Middle East. With everything that had happened, there is no way that the attacks could not have affected me.
Tuesday, January 14, 2020
Barbados – Country’s Geographical Notes
Barbados island nation in the Caribbean, is situated about 100 miles (160 kilometres) east of the Windward Islands. Roughly triangular in shape, it measures 21 miles from northwest to southeast and about 14 miles from east to west, with a total area of 166 square miles (430 square kilometres). Its capital is Bridgetown, the only seaport. Barbados is not part of the Lesser Antilles, although it is sometimes grouped with this archipelago. The island is of different geologic formation; it is less mountainous and has less variety in plant and animal life. The geographic position of Barbados has profoundly influenced the island's history, culture, and aspects of its economic life. In the era of sailing ships, access to the island was difficult because of the prevailing winds from the northeast. Outward-bound ships from Europe had to gain the island while heading west, for it was difficult for them to turn and reach its shores by sailing eastward against the wind. The island remained a British possession without interruption from its settlement in the 17th century to 1966, when it attained independence. As the first Caribbean landfall from Europe, Barbados has functioned since the late 17th century as a major link between western Europe (mainly Britain), eastern Caribbean territories, and parts of the South American mainland. Because of its long association with Britain, the culture of Barbados is probably more British than that of any other Caribbean island. Since independence, however, cultural nationalism and regional awareness have tended to increase. The climate is generally pleasant. The temperature does not usually rise above 86 F (30 C) or fall below 72 F (22 C). There are two seasons: the dry season, from early December to May, and the wet season, which lasts for the rest of the year. Average rainfall is about 60 inches (1,525 millimeters) a year, but, despite the small size of the island, rainfall varies, rising from the low-lying coastal areas to the high central district. Barbados lies in the southern border of the Carribean hurricane zone, and hurricanes have caused great devastation. Barbados is densely populated. More than one-third of the population is concentrated in Bridgetown and the surrounding area. Most of the farmland is owned by large landowners or corporations. As a result, â€Å"tenantries†are as common as villages. Tenantries are clusters of wooden houses–locally known as chattel houses–located on the borders of the large estates; they are usually owned by the occupants but stand on rented ground from which they may easily be removed. Most of them have electricity and running water. The largest town is Bridgetown. In its commercial and administrative centre, multistorey buildings are altering the features of the 19th-century town. Apart from Bridgetown, Oistins, Holetown, and Speightstown are the largest towns. The population of Barbados was 257 082 in 1990. the average population density was 572 persons per sq. km (1482 per sq. mile) was notably high considering the predominantly rural agricultural character growth of population during 1970s and 1980s was kept below 1% by out-migration. The capital, largest city and only seaport is Bridgetown with a population of 6720 in 1990. About 90% of the total population black; the remaining portion is composed of whites and persons of mixed racial descent. English is the official language. More than 50% of the people are Anglicans; other important faiths include various protestant sects and Roman Catholic. Education is free to children between ages of 5 to 16yrs. Barbados has a small, market-oriented, developing economy. Services, manufacturing, and agriculture are the main productive sectors. Although Barbados had a relatively high per capita growth rate in the 1980s, unemployment, especially among the youth and women, has been a serious problem. Most of the employment is in services and distributive trades, the greater part of which has been unionized. The economy of Barbados has traditionally been dependent on the growing of sugarcane and the production of export of refined sugar, molasses and rum. Sugarcane is grown principally on large estates rather than on the small farms. The annual harvest is in the early 1990s totalled about 600000 metric tons. Local industries manufacturing clothing, furniture, electrical and electronic equipment and plastic items. Newly discovered reserves of petroleum and natural gas are being exploited. Fishing has also increased the importance. Tourists' facilities have earned more foreign revenue than sugar products. The table below shows the origin of tourists to Barbados, the number of tourists visiting Barbados and the average GNP of tourists visiting Barbados ($US). The table below is refers to the question ‘why do fewer tourists travel shorter distances to Barbados from West Indies and South America? COUNTRY NO. OF TOURISTS TO BARBADOS AVERAGE GNO OF TOURISTS IN $US CANADA 65600 17936 SOUTH AMERICA 3500 3087 USA 170800 16664 UK 101200 11903 WEST EUROPE 33700 13333 WEST INDIES 64300 2798 Climate Figures For London The Advantages And Disadvantages Of Tourism To Barbados Barbados has many white sandy beaches and the beautiful sun, which often attracts holidaymakers. But the holidaymakers also bring many disadvantages to the country. The advantages and disadvantages are listed below in two categories. ADVANTAGES * When holidaymakers arrive the country often needs employees to work in hotels. E.G. waiters/waitresses, cleaners, bar attendants etc. * The country employs 15000 people. * Holidaymakers create other jobs such as in garages, factories, taxi drivers etc. * Tourism has encouraged the development of facilities which benefit the whole community. a) a deep water harbour b) an airport terminal c) a better road network d) an improvement in water supply, sewage, disposal, electricity. * Fisherman benefit as there is more fish needed to please tourist so the fisherman receive more money. DISADVANTAGES * Jobs have to shed labour at slack periods (Sep / Oct and May / June). * Cost was expensive to establish because of the need to import foreign manufactured goods such as vehicles and furniture. * Cost loses income for the country because a) food and manufactured goods still have to be imported, b) many hotels are foreign owned. The government is now trying to rectify by building hotels itself and encouraging local people tourists apartments. * Tourism has an effect upon agriculture by depressing it by draining it of workers. * The country loses money due to having the need to import goods such as Beef from New Zealand and Los Angeles. * Economy is dependent upon conditions elsewhere- recession in North America and Europe caused tourist numbers to fall by 5% in 1981. * Low moral standards in the tourists can have a bad effect on communities such as alcohol abuse and prostitution. * Tourist industries have affected land beach and sea resources. It is also responsible for increase in pollution on both land and sea. IS TOURISM HELPING BARBADOS? It's very difficult question to answer whether tourism is helping Barbados or not. So to answer this question I had divided it into two categories â€Å"Positive†and â€Å"Negative. After considering all the points it will be easier to decide whether tourism is helping Barbados or not. â€Å"Positive†* because tourism brings money to island like Barbados through accommodation paid for by tourists, souvenirs sold to tourists e.g. clothes, steel drums, coral jewellery, tours organized by country's community as they drive them around by giving toured rides etc. * because tourism supplies jobs for the country's community e.g. in hotels as bar attendants, waiters/waitresses, cleaners etc., taxi drivers, fishermen/women etc. * because tourism stimulates the country's market, even providing new markets. * because tourism has provided a better communication between races and cultures. * because tourism has provided the country with enough money to produce an airport, maintain better road links and conditions, and an improvement in water supply, sewage disposal and electricity. â€Å"Negative†* because tourism has also broken up communities by bringing so many tourists into the country that the communities are being denied access to the facilities provided. * because tourism has caused a loss in money by tourists expecting foreign manufactured goods e.g. food, furniture, vehicles etc instead of buying native products. * because tourism has caused a westernizing effect on culture and social standards, which can cause differences and may even cause the community to forget its background history. * because tourism has caused the environment to change by making buildings around the beach and buildings which do not fit in with the country's environment. * because the agriculture workers have left the fields to work in hotels close to the tourists so there are not many people to work in the fields anymore. After considering this subject, I conclude that tourism has both positive and negative effects on Barbados. If tourism is not controlled, in future it will not have good effect on the country as the country will be changed i.e. there will not be clean beaches with beautiful white sand and crystal clear green sea water, beautiful palm trees or the green environment etc. this will changed by the community changing their environment to please the tourists by building more hotels and forgetting their culture. If you think carefully then you will realize that tourists are going to Barbados for its culture, its beautiful white sand and crystal green water, its green environment and of course the sun. On consideration, tourism can have benefits for Barbados- bringing employment, income and improved facilities. On the other hand it can bring pollution, destruction of the environment in order to build facilities, and can have a detrimental effect on the culture and community life. WHY DO FEWER TOURISTS TRAVEL SHORTER DISTANCES? In answering this question I have referred to table 1 on the previous page. The question asked is ‘why fewer tourists travels shorter distances to Barbados from South America and West Indies?' My opinion on the question asked by many people is that GNP in both places is low and the vast majority cannot afford to travel abroad. If the country does not have a very high GNP they will not have much disposable income after all the main expenses are paid off e.g. mortgage, taxes bills, National Insurance (N.I), pensions, and road tax ( if car is involved). South America's GNP is 3087. West Indies GNP is 2798 (the figures stated are calculated in $US). If you compare the GNP of countries like USA and the UK to that of the GNP of the countries like the West Indies and the South America you will notice that people in the USA and in the UK have much more disposable income. USA's GNP is 16664. UK's GNP is 11903 (the figures stated are calculated in $US). Another reason for answering this question is that in the West Indies and in South America the annual average climate is generally the same so the residents will not need to travel to find the sun and fine weather. WHY DO SO MANY PEOPLE TRAVEL TO BARBADOS FROM NORTH AMERICA & EUROPE? The question asked is why do so many people travel to Barbados from North America and Europe. My suggested opinion is firstly because in countries in North America and Europe usually have a higher GNP meaning after all the main expenses are paid off (stated in the question ‘why do fewer tourists travel shorter distances to Barbados?')they end up with enough disposable income to spend on the trips to places like Barbados. Another reason is that in places like Europe and North America the climate is too hot but there is either too little hot weather or the climate is not hot enough. There are not that many beautiful beaches like in Barbados. ‘WHY DO TOURISTS FROM NORTH AMERICA AND EUROPE TURN UP IN BARBADOS AT CERTAIN TIMES OF THE YEAR?' My suggested answer for this question is because of hot climate. At certain times in the year the sun is out and the weather is basically hot, hot and hot with a lot of sun. The months when the climate is hot and sunny is at the end of December to beginning of June. The remaining months are mainly rainy months so you wouldn't actually find many tourists around in Barbados.
Monday, January 6, 2020
A Problem Question in Intellectual Property Law - Free Essay Example
Sample details Pages: 12 Words: 3718 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: Act Essay Intellectual Property Essay Did you like this example? It is 1st essentially to know who should own the copyrightà ¢Ã¢â€š ¬Ã¢â€ž ¢s title of the manifesto with 4 persons Al (A), Bill (B), Cal (C) and Dina (D). But before discussing about the owner, we must first established the category of such manifesto by s 1(1) of Copyright, Designs and Patents Act (CDPA) 1988[1] as a literary work since it was in written form. It is also note to know that the originality requirement has to be assessed that the work must not be copied and originates from the authors with minimum investment by the author of skill, judgment and labour. Don’t waste time! Our writers will create an original "A Problem Question in Intellectual Property Law" essay for you Create order The issue hence relies how substantial the effort the authors made to attract their copyright protection and each group members will be discussed individually.[2] AL (A) A came with the notion and the title. However, the notion could not being protected by copyright since it was being an idea not an expression. This means A cannot own the ideaà ¢Ã¢â€š ¬Ã¢â€ž ¢s copyright since it is not original nor form a substantial part of the work.[3] Hence, A can only go after the copyright for the title but not the notion itself. For the title, one will have to look at originality issue whether A has invest a sufficient skill, labour and judgment or not. However a title could be hardly seen as copyright protection since it does not contain substantial enough of works which could be a à ¢Ã¢â€š ¬Ã…“hackneyed expressionà ¢Ã¢â€š ¬Ã‚ .[4] It was suggested that a title would be too short and does not involve literary composition.[5] But, in the case of Newspaper Licensing Agency Ltd v Mel twater Holding BV (or Meltwater)[6], A would be suggested to rely the exception test laid out by European Union (EU) case of Infopaq International A/S v Danske Dagblades Forening (Infopaq case)[7] to focus more on originality than substantiality of effort that the 12 words on the facts (OTF) (which is more than 11 words in Infopaq case) title contain expression of the intellectual creation of the author himself through choice, sequence and combination of words.[8] It does not matter that the title and the rules written is a different person (being A for title with B and C for the rules) which could amount to independent literary work[9] but it must reflects the à ¢Ã¢â€š ¬Ã‹Å"attitude, position or meaning taken by the writer of the articleà ¢Ã¢â€š ¬Ã¢â€ž ¢ in his own way.[10] OTF, the 15 core rules has not been shown so it is hard to determine the issue whether has the headline relate to the manifestoà ¢Ã¢â€š ¬Ã¢â€ž ¢s content or not. However it is submitted Aà ¢Ã¢â€š ¬Ã¢â€ž ¢s t itle could be protected by copyright in the light of Infopaq[11] test as long as the title à ¢Ã¢â€š ¬Ã‹Å"Manifesto of the Desperate: Finding the good life in a Ruthless Worldà ¢Ã¢â€š ¬Ã¢â€ž ¢ could introduce the tone of the manifesto that attract readers with his own intellectual creation without extracting texts from the rules.[12] Although the manifesto is unpublished, it could be still capable of attracting copyright.[13] .The fact that it is well-known, court must also assessed that there is also policy consideration that such title would be easy to infringe the right of freedom to refer the title if offered copyright protection.[14] Bill(B) Cal(C) Since B and C are involved with the same corresponding matter, it is possible then they are joint author of the work itself according CDPA 1988 s 10(1). However, each of them need to establish the requirement of significant contribution which is not distinct from the other authors.[15] For B and C, it is up to whether the contribution is significant enough for cover up the rules as the sole author or both could be joint author. 1st, the 9 rules were written by B some of Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s rules majorly amended by C. Generally, B could be deemed as the author of the rules since B is the creator[16]. In terms of labour, the de minimis principle applies. Nonetheless, there can be no joint authorship here with B and C for the 9 rules since a à ¢Ã¢â€š ¬Ã‹Å"subsequent independent alteration of a finished work will not give rise to work of joint authorshipà ¢Ã¢â€š ¬Ã¢â€ž ¢[17] and must contribute within the production of the work. The question then lies whether C could attract a new copyright to the amended rules or it is infringe Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s copyright by copying. With the amendment by C, applying case of Interlego v Tyco it could be said C could not attract copyright if it is only a minor alterations .[18] In order to attract copyright, C must show that there must be addition of some qu ality or material alteration to make totality of the work an original work [19] or to say element which distinguish raw material (Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s rules) which do not possess[20]. Although the case concerned on artistic work, it referred from case of Black v Murray[21] (a case of literary copyright) where it was held there must be an extensive and substantial alterations rather than a few emendations and addition of few unimportant notes.[22] D would try to argue even so with major investment, C could be just copy of an existing work no matter how much skill or labour devoted cannot give rise to original work of copyright since there might be no originality conferred of the expression.[23] In the case of Hyperion Records Limited v Dr. Lionel Sawkins (or Hyperion case),[24] Lord Justice Jacob also held that à ¢Ã¢â€š ¬Ã…“copyistà ¢Ã¢â€š ¬Ã‚ is a mere copyist only when they are merely performing an easy mechanical function and it is less likely to be original.[25] This is consistent with the current approach of new test of originality laid down in case of Infopaq that author must stamping the work with his à ¢Ã¢â€š ¬Ã‹Å"personal touchà ¢Ã¢â€š ¬Ã¢â€ž ¢[26] regardless of the substantiality of effort. OTF give, it is suggested there should be no limit on how major must amendment be as long as it does not preserve Dà ¢Ã¢â€š ¬Ã¢â€ž ¢s original rule. Hence OTF using this case, it is likely that Cà ¢Ã¢â€š ¬Ã¢â€ž ¢s works of the major amended rules that can attract a new copyright and no infringing issue occurred if intellectual creation is found within the amendment. On the other hand, for the 6 rules created by C, this work would deem C as the author[27] enable to attract copyright as an original literary work as long as standard skill labour applied. Hence, the issue lies within with the help of drafting rule from B, will B be able to obtain authorship as a joint author for Cà ¢Ã¢â€š ¬Ã¢â€ž ¢s work. B will then have to satisfy the requiremen t of joint authorship which there must be a significant contribution[28], collaboration[29], and the inablility to identify distinct contributions[30]. This fact could be draw the analogy with case of Brown v Mcasso Music[31] that joint authorship was held where a person is in charge of draft and then amended by 2nd person[32] it is not possible to separate their contribution in the final work[33] such as that it will lose meaning if were to separate[34]. Applying to the facts, it is unknown whether Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s contribution is significant provided there is absence of fact but it does not have to be equal but an act of drafting in an ordinary meaning could be say that inevitably consist of own intellectual creation hence satisfied. On the other hands, the contribution of B has lead to the creation of Cà ¢Ã¢â€š ¬Ã¢â€ž ¢s work[35]. There is a collaboration between C D as It is not of mere addition to the complete piece since there has been sharing the labour of working i n a à ¢Ã¢â€š ¬Ã‹Å"common designà ¢Ã¢â€š ¬Ã¢â€ž ¢ (the 6 rule)[36] with Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s help of drafting and Cà ¢Ã¢â€š ¬Ã¢â€ž ¢s skill and labour that is practically impossible to separate. In summary, it is likely that B will be able to obtain joint authorship right and share the copyright with C for the 6 rules. Dina (D) For D, since the major role of her is to edit the final text, corrected spelling grammatical errors, D could rely on the principle on the case of Walter v Lane[37] that a correction of spelling and revision of a report could attract copyright. However, it is submitted that this case could not be apply since it was decided before the introduction of originality requirement. The current approach test of originality require a person to have intellectual creation of à ¢Ã¢â€š ¬Ã‹Å"free and creative choicesà ¢Ã¢â€š ¬Ã¢â€ž ¢, with author stamping the work with personal touch. In other words, an element of creativity is required from the author. Followi ng the current test, D could not be an author since the volume of her work since it is lack of originality or intellectual creation. Therefore, D will have no rights over it can only be acting as an agent of the work.[38] ED (E)Fran (F) Here, there are 2 artistic work that can attracting copyright, namely the plan created by E under graphic work category[39] it is no doubt that E will be the planà ¢Ã¢â€š ¬Ã¢â€ž ¢s author since E is the creator[40]. On the other hand, model created by E F could be categorize under work of sculpture[41] or artistic craftsmanship[42] or both. It could not be a model for building where it include a fixed structure[43] which is contrast from Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s model that has interlocking parts for easy assembly disassembly, therefore not fixed. The main difference between a sculpture artistic craftsmanship is that sculpture were created primary aim for aesthetic feature (to attract attention using their visual aspect) rather than utilitaria n function although both feature could be co-exist together.[44] Applying to the fact, this suggest the model can be fall under sculptureà ¢Ã¢â€š ¬Ã¢â€ž ¢s definition where the tree has shown visual aspect via psychedelic fruits hanging from its branches, intended to be focus of attention as an evidence of artistic merit. As for artistic craftsmanship, the work requires both aesthetic functional feature.[45] The approach is unclear clear in defining artistic craftsmanship because there are no consistency as to determining the standard of artistic quality required or any proper comprehensive test is available[46]. This could be seen from several opinion regarding issue about artistic craftsmanship where there is no decisive factors in deciding whether a work is artistic, only certain consideration.[47] However, there are 2 common factors discussed by majority of Lords can be derived from case of George Hensher Ltd v Restawile Upholstery (Lancs) Ltd (George case) : one should lo ok at the intention of the creator or reply on expert witnesses (person who specialize themselves in the field of artist-craftsmen). [48] According to the facts, E Fà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention could be comprehend as creating work of art since the main purpose of centrepiece is for displaying aesthetic appeal. On the other hand, Lord Simon stated that it is work of artistic craftsmanship rather than artistic work of craftsmanship that will be protected.[49] This means it is not required that every individual work produced in artistic craftsmanship must be artistic work but activities of artistic craftsmanship produced is assessed as whole as long as the activity considered is within the range of relevant circles.[50] This could be even further elaborated that there can be 2 authors that the role of craftsman the artist can separate to 2 different persons with one à ¢Ã¢â€š ¬Ã‹Å"makes something in a skilful wayà ¢Ã¢â€š ¬Ã¢â€ž ¢ while the other à ¢Ã¢â€š ¬Ã‹Å"produces something wh ich has aesthetic appealà ¢Ã¢â€š ¬Ã¢â€ž ¢.[51] Although craftsman has not been defined widely, it is suggested work of craftsmanship should be a durable, useful, handmade object.[52] However, It is submitted that Fà ¢Ã¢â€š ¬Ã¢â€ž ¢s effort may be considered in artistic craftsmanship by adapting the role of a craftsman while E as an artist.[53] In spite the plan does not contain aesthetic appeal, it is the model that build according to the plan where aesthetic appeal could be derived from via Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s creative ability. In addition, it is justifiable that there is utilitarian function of the tree model in the sense that it has interlocking parts easy for assembly disassembly. Still in determining whether a craftsmanship could be identified as à ¢Ã¢â€š ¬Ã‹Å"artisticà ¢Ã¢â€š ¬Ã¢â€ž ¢, it has to rely on expert evidence. Whether Fà ¢Ã¢â€š ¬Ã¢â€ž ¢s craftsmanship of building the tree could be recognized as à ¢Ã¢â€š ¬Ã‹Å"artisticà ¢Ã¢â€š ¬Ã¢â€ž ¢, it will be up for ex pertise to decide. In summary, it is likely that the model created can be fall under 2 different category under artistic work of CDPA 1988 s.4 (1)(a) (c) provided Fà ¢Ã¢â€š ¬Ã¢â€ž ¢s work of craftsmanship is considered as à ¢Ã¢â€š ¬Ã‹Å"artisticà ¢Ã¢â€š ¬Ã¢â€ž ¢. Nonetheless, if the work fall under sculpture category under CDPA 1988 then both E F will have to establish themselves as author for the work. There are 2 ways of possible explanation since both E F could be author in their own reason. In Stuart v Barrett and Others it is stated that à ¢Ã¢â€š ¬Ã‹Å"a person with an original idea was not the author of any work unless the person with the idea contributed to the form of the workà ¢Ã¢â€š ¬Ã¢â€ž ¢[54]. One must take note the plan created by E is not only idea but an expression of the idea. So for E, he can be an author since he has contributed of expression of idea (the originality) by drawing up plans for the tree model intellectual creation came from. In additio n, it could be also said that F is author of the work since F is the one who creates it.[55] Hence, the next issue is to consider whether are the artistic workà ¢Ã¢â€š ¬Ã¢â€ž ¢s copyright of the tree model enjoyed by sole author or joint authorship hence it is required to assess the requirement below. For E F to satisfy as joint authorship, there must be work produced by the collaboration of authors where the contribution of each author is not distinct from that of the other author.[56] This principle could be derived from the following relevant case. In Brighton v Jones[57] where Park J has extracted 3 propositions, the propositions as stated was not itself decisive.[58] Firstly, although the contribution must significant led to creation of the work, it does not have to be equal in magnitude compare with other author[59]. Secondly, the contribution of person alleged joint author must be led towards creation of work. It must be a à ¢Ã¢â€š ¬Ã‹Å"right kind of skill and labou rà ¢Ã¢â€š ¬Ã¢â€ž ¢.[60] Thirdly, a person can be joint author where he have a direct responsibility even though other person has effectively adopting what the person has created.[61] Applying first propositions, it could be say Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s contribution is significant in the sense that it is Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s plan who F was following accordingly. F do have contribution too of spent months to build the model. Regarding to 2nd point, Although F is the one who build it, it does not lead to the creation of the work. The current originality test require an author to have his own intellectual creation. It is also arguable that the skill and labour is not of right kind[62]. Referring from Cala Homes (South) Ltd v Alfred McAlpine Homes East Ltd[63] where Lightman J in Robin Ray v Classic FM Plc[64] (or Robin case) review the decision where there can be no author or co-author of a work if thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s no any creative contribution when someone acting as mere scribe, producing the copyright expression in accordance with instructions. Applying it, hence when F build the tree following according to the plan under Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s supervision, it is unlikely that the contribution is to the à ¢Ã¢â€š ¬Ã‹Å"authoringà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the work. It is suggested that there must be some creative input. On the contrary for E, there is an intellectual creation from Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s plan, which originality suffice for creation of the work. In third proposition, F could not rely on it because it was E who prepared the plan instead of F and F adopted the plan. This proposition further reinforce Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s position as the author of the model. The 2nd requirement of joint authorship require collaboration between 2 or more persons. The statute does not define collaboration, instead Jonathan Parker LJ stated it does not mean intention of joint authorship but rather à ¢Ã¢â€š ¬Ã‹Å"joint labouring in furtherance of a common designà ¢Ã¢â €š ¬Ã¢â€ž ¢[65].Although the statement was not elaborated, it is submitted that mere suggestions or ideas may not be enough in terms of contribution[66]. In Robin case, it was held that a suggestion however significantly, reflecting a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s input may insufficient to become a joint author[67], suggesting creative input is required. This statement accord with the principle that copyright protects expression not idea or suggestion. Thus, F could not rely on the ground that the contribution of making suggestion of suitable materials and colour schemes for collaboration requirement. Finally, the contribution must not be distinct from one author to another which mean the contribution of the co-authors are inseparable heavily dependent to each other such as a book of different chapters wrote by different authors is not joint authorship, neither do a song where one person written a song and another one written the words.[68] Apply to the facts, it is shown that E Fà ƒ ¢Ã¢â€š ¬Ã¢â€ž ¢s contribution is separable. With the contribution to the finished product, it consist of 2 distinct work, with Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s plan Fà ¢Ã¢â€š ¬Ã¢â€ž ¢s labour. Nonetheless, the model was build according to Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s plan, it is suggested that Eà ¢Ã¢â€š ¬Ã¢â€ž ¢s plan is not dependant on Fà ¢Ã¢â€š ¬Ã¢â€ž ¢s labour but not in a vice versa form. In short, although F has built the model, it is submitted F is not an author in terms of joint authorship and E may become a sole author of. This is of course if court held the artistic work as a sculpture rather than artistic craftsmanship. Gil (G) Gà ¢Ã¢â€š ¬Ã¢â€ž ¢s song are reinterpretation of Tudor English folk songs, but played faster and on acoustic guitar instead of the traditional lute. The issue is whether Gà ¢Ã¢â€š ¬Ã¢â€ž ¢s act of changing instrument and music pace is capable to be attracting copyright and protected under CDPA 1988 s 3(1) as a musical work. This issue has been conside red in the case of Hyperion[69] and the case will be discussed in depth in terms of musical issue. Mummery LJ held that in determining copyright, it involves a whole assessment of work in whether copyright subsists following the approach of long standing case of Ladbroke.[70] Furthermore, the fixation of a musical score is not the only way copyright could subsists. It involves à ¢Ã¢â€š ¬Ã‹Å"listening to and comparing the sounds of the copyright workà ¢Ã¢â€š ¬Ã¢â€ž ¢ and whether does it sound the same. Example such as improvisations of sounds by a group of people with or without musical instruments could be protected as musical work for copyright purpose too.[71] Conclusively, following the principle G is likely to attract copyright of his musical work even though there are no modification of notes in musicà ¢Ã¢â€š ¬Ã¢â€ž ¢s score as long a minimum standard of originality requirement satisfied. Since Tudor English folk songs could be regarded as no owner, there will be no infringe ment issue even if Gà ¢Ã¢â€š ¬Ã¢â€ž ¢s work does not attract copyright and would not amount to copying. CONCLUSION In summary for literary work of manifesto, A will be likely to gain a copyright of the title if intellectual creation is shown within the title. B will become owner for copyright of the original 9 rules while C will then attract a new copyright for the amended rules provided C could prove intellectual creation within the amendment. As for the 6 written rules created by C, B will most likely to become a joint authorship and share copyright with B. On the other hand, D will not have any copyright of his own since there is a lack of intellectual creation of his own. For the manifesto, since A, B and C own each copyright individually within the work, they could assign it individually. The publisher will have to obtain consent of A, B and C if to publish manifestoà ¢Ã¢â€š ¬Ã¢â€ž ¢s special edition. For artistic work, E will gain copyright over his plan while E and F will gain joint authorship for the tree model if the court decide the model is categorize under à ¢Ã¢â€š ¬Ã‹Å"artistic craftsmanshipà ¢Ã¢â€š ¬Ã¢â€ž ¢ or E may become sole author for the model if it is a à ¢Ã¢â€š ¬Ã‹Å"sculptureà ¢Ã¢â€š ¬Ã¢â€ž ¢. For musical work, it is likely G could create a new copyright of his own for the improvisation. The terms for protection for every copyright work of literary, artistic and musical here will be calculated according to 70 years after the death of the author.[72] [1] Copyright, Designs and Patents Act 1988 s 1(1)(b) [2] Ladbroke (Football) Ltd v William Hill (Football) Ltd (Ladbroke case) [1964] 1 All ER 465, [1964] 1 WLR 273, [291] (Lord Pearce) [3] Designer Guild Limited v Russell Williams (Textiles) Limited (Trading as Washington DC) [2000] 1 WLR 2416 [4] Francis Day Hunter Ltd v Twentieth Century Fox Corp Ltd [1940] AC 112, p [5] Ibid [123]-[124] (Lord Wright) [6] [2010] EWHC 3099 (Ch) [7] [2009] ECDR 16 [8] Ibid 261 [9] Meltwater (n 6) [71] [10] ibid [78] (Justice Proudman) [11] ibid [12] Ibid [85] [13] Meltwater (n 5) [71] [14] Ibid [62] [15] CDPA 1988 s 10(1) [16] CDPA 1988 s 9(1) [17] Beckingham v Hodgens [2002] EWHC 2143 (Ch) at 44 [18] [1989] AC 217 [19] Interlego (n 14) 263 [20] Macmillan Co. Ltd. v. Cooper (1924) 40 TLR 186 [188] (Lord Atkinson) [21] Blacks v. Murray (1870) 8 SLR 261 [22] Hyperion Records Limited v Dr. Lionel Sawkins [2005] EWCA Civ 565 [23] I nterlego (n 14) 371 [24] [2005] EWCA Civ 565 [25] Ibid [82] [26] Painer v Standard Verlags GmbH c-145/10 [2012] ECDR 6 (Painer case) [27] CDPA 1988 s 9(1) [28] Brighton v Jones [2004] EMLR 26 [29] Beckingham v Hodgens [2003] EMLR 18 (CA) [30] Beckingham v Hodgens [2003] ECDR 6 [31] [2005] FSR 40 [32] Paul Torremans, Holyoak Torremans Intellectual Property Law (7th edn, OUP 2013) 248 [33] Brown (n 31) [34] Beckingham v Hodgens [2003] ECDR 6 59 [35] Brighton v Jones [2004] EMLR 26 522 [36] Beckingham (n 29) 51 [37] [1900] AC 539 [38] Paul Torremans, Holyoak Torremans Intellectual Property Law (7th edn, OUP 2013) 249 [39] CDPA 1988 s 4 (1)(a) 4(2) [40] CDPA 1988 s 9 (1) [41] CDPA 1988 s 4 (1)(b) [42] CDPA 1988 s 4 (1)(c) [43] CDPA 1988 s 4 (1)(b) [44] Lucasfilm Limited and others v Ainsworth and another [2011] UKSC 39 [45] Paul Torremans, Holyoak Torremans Intellectual Property Law (7th edn, OUP 2013) 226 [46] Ibi d 224 [47] George Hensher Ltd v Restawile Upholstery (Lancs) Ltd [1976] AC 64 [48] Ibid [94] Lord Simon [49] Ibid. [94] (Lord Simon) [50] Paul Torremans, Holyoak Torremans Intellectual Property Law (7th edn, OUP 2013) 235 [51] Bonz Group (pty) Ltd v Cooke [1994] 3 NZLR 216. (Bonz) This approach was adopted by Mann J in Lucasfilm Limited and others v Ainsworth and another [2011] UKSC 39 [52] à ¢Ã¢â€š ¬Ã‹Å"Work of Artistic Craftsmanshipà ¢Ã¢â€š ¬Ã¢â€ž ¢ https://www.dacs.org.uk/knowledge-base/factsheets/works-of-artistic-craftsmanship#craftsmanship accessed 4 January 2015 [53] Bonz (n 18) [54] [1994] EWHC 448 (Ch) 450 [55] CDPA 1988 s 9 (1) [56] CDPA 1988 s 10 (1) [57] [2004] EMLR 26 [58] Ibid 529 [59] Ibid [34] Park J [60] Flyde Microsystems Ltd v Key Radio Systems Ltd (Flyde) [1998] FSR 449 [61] Cala Homes (South) Ltd v Alfred McAlpine Homes East Ltd (Cala) [1995] FSR 818 [62] Brighton (n 57) 522 [63] Cala (n 61) [64] [1989] FS R 622 [65] Beckingham v Hodgens [2002] EWHC 6 (CH) [66] Hadley v Kemp [1999] EMLR 589 [67] Robin (n 61) 637 [68] David Bainbridge, Intellectual property (9th edn, Pitman Publishing 2012) [69] Hyperion (n 22) [70] Ibid [49] (Lord Mummery) [71] Ibid 53 [72] CDPA 1988 s 12(2)
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