Explain Why Fixation Is an Essential Element of Any Copyright

question 11

Essay

Explain why fixation is an essential element of any copyright claim.Should the originality requirement be sufficient? In Gould Estate v Stoddart Publishing Co, a journalist named Jock Carroll visited with Glenn Gould, who was soon to become a world famous pianist, but at that point was still a largely unknown artist.As the pair chatted about a range of topics, Carroll snapped 400 pictures, tape recorded some discussions, and wrote notes for others.After Gould's death many years later, Carroll published a book containing photographs and quotations from the time that the pair spent together.Gould's estate sued Carroll for breach of copyright.The court rejected that claim on the ground that the copyright owner was actually the person taking the notes, and not the person who was being quoted.Do you think this is a fair way to allocate copyright?

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Definitions:

Revenues

The income received by a business from its various activities, typically from the sale of goods and services to customers.

Financing Cost

The total expense incurred to finance a purchase or project, including interest, fees, and other charges associated with borrowing money.

Optimal Amount

The quantity of a good or service that achieves the best outcome under given conditions, such as maximizing profit or utility.