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The United Kingdom Intellectual Property Law. Term Paper

Term Paper Instructions:

TOPIC: UK Intellectual Property Law
PLEASE USE: OSCOLA REFERENCING STYLE (Oxford Standard for the Citation of Legal Authorities)
QUESTION:
Nowadays, photographic poses on Instagram, like the “duck face” and the Kardashians’ internet “bottom sensation” poses, are booming.
Critically discuss the extent to which a pose attracts copyright protection in line with the copyright originality criteria in the United Kingdom and the European Union.
PLEASE USE UK CASE LAW AND UK JOURNALS AND ARTICLES TO SUPPORT YOUR ARGUMENTS.

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UK Intellectual Property Law
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Introduction
Owners are allowed by copyright to regulate the utilization or commercial usage of the works they have created. It requires the exclusive right to edit, makes copies, rent or lease, performs, exhibit, play, communicates the piece to the public, or modify it. Also, it grants them latitude to bar others without their permission from doing either of these things. The Intellectual Property Right prevents copying original published work such as photography, artwork, and other things. It offers several rights to creators of their works, including the right to royalties and to limit how others replicate their works: artists, authors, software engineers, producers of sites, and musician sites. With the evolving world, the internet has grown into space where individuals publish their work online on social sites such as Instagram and Facebook. Pictures posted on Instagram with different photographic poses are a trend nowadays. Instagram photographic poses create a high risk of copyright infringement to an individual.
Orphan Work
Different photographic poses on Instagram lack the original owner. These poses are referred to as orphan works. Orphan work is a created work that copyright law applies to, but no work is stated. Orphan Works can be a critical concern for individuals wishing to utilize the work for business or non-commercial uses. People will use different poses on Instagram posts for commercial purposes, such as representing a brand or even gaining attraction. These poses lack ownership, and many individuals use poses by infringing copyright obliviously. The UK Copyright Legislation was amended two times in October 2014, following the 2011 copyright reform guidelines. A revised license system also required people to register for licenses to use works for commercial and non-commercial purposes in the UK. However, an exemption for works by UK cultural heritage organizations allowed a specific use of works.[Intellectual Property Act 2014.]
Many poses cannot be traced back to their original creator. A creative pose such as duck face may qualify as an orphan work, and its copyright owner may not be traced or identified. This prompts that one has to do a rigorous search for a copyright owner by checking through the Intellectual Property Office, which was appointed as the independent authorization body for orphan works within the UK. Its mandate is to identify the eligible orphan works. Since most poses qualify to be orphan work, there is a clear guideline on obtaining its license. By obtaining the license, it will help individuals avoid copyright infringement. Obtaining a license for orphan work is a process; one must pay a licensing fee at the IPO. When unmonitored, these Instagram poses might cause more harm than good.[The Enterprise and Regulatory Reform Act of 2013.]
Untraceable copyright proprietors make a large number of works that are considered works without their rightful owner. For example, in its copyright archive, the UK Library reports that nearly forty per cent are orphan works (Millions of works). This summons challenges for potential consumers who cannot access those wor...
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