Explain Why Fixation Is an Essential Element of Any Copyright

question 7

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:

Negotiated Price Approach

A pricing strategy where the final sell price of a product or service is determined through negotiation between the buyer and the seller.

Minimum Acceptable Return

The lowest return on investment that a person or entity is willing to accept, often used in capital budgeting and investment planning.

Invested Assets

Assets that are allocated into various investment vehicles such as stocks, bonds, real estate, or other securities with the expectation of earning a return.

Operating Income

The profit realized from a business's operations, after deducting operating expenses like wages and cost of goods sold from gross profit.