William Penn Life, 1994 (29. évfolyam, 1-12. szám)

1994-06-01 / 6. szám

Page 2, William Penn Life, June 1994 William Penn LIFE Official Publication of the William Penn Association Published Monthly Office of Publication: 709 Brighton Road Pittsburgh, PA 15233 Phone: 412/231-2979 Third Class U.S. Postage Paid Pittsburgh, PA Permit No. 2724 E. E. Vargo Editor-in-chief George S. Charles, Jr. Frances A. Furedy Associate Editors John E. Lovász Managing Editor NATIONAL OFFICERS E. E. Vargo National President George S. Charles, Jr. National V.P./Secretary Frances A. Furedy National V.P./Treasurer Robert A. Kapinus Assistant Treasurer BOARD OF DIRECTORS Joseph P. Arvay Chairman Michael J. Hrabar Vice Chairman Roger G. Nagy Vice Chairman Anthony C. Beke Charles S. Fabian Louis A. Fodor Elmer A. Furedy Barbara A. House Michael R. Kara Michael F. Tomcsak Elmer W. Toth Frank J. Wukovits, Jr. Frank J. Radvany Secretary of the Board AUDITING COMMITTEE Charles J. Furedy Robert A. Ivancso Co-Chairmen Margaret H. Boso Secretary Dennis A. Chobody Joseph Hamari Ernest J. Mozer, Sr. CONSULTANTS Bruce &. Bruce Company Actuary Horovitz, Rudoy &. Roteman C.P.A. Rothman Gordon Foreman &. Groudine, P.C. General Counsel Dr. Julius Kesseru Medical Director Unsolicited articles, letters, manuscripts, pictures and other material submitted to the WILLIAM PENN LIFE are forwarded at the owner's risk, and the WILLIAM PENN LIFE expressly denies any responsibility for their safekeeping or return. The WILLIAM PENN LIFE reserves the right to edit, revise or reject any article submitted for publication. Postmaster: If undelivered, please send form 3579 to: William Penn Association 709 Brighton Road Pittsburgh, PA 15233 Seats available on September tour NORTH BRUNSWICK, NJ — A few seats are still available for the second of two tours to Hun­gary and Austria being sponsored by the William Penn this year. This second tour is scheduled for Sept. 13 to 27. If you have ever wanted to visit Hungary, now is the time to go. And you won’t find a more pleas­ant group of traveling compan­ions than your fellow William Penn members. Our exciting tour will depart from New York and proceed first to Vienna, Austria, where guests will enjoy a two-day stay. The tour will then move on to explore Hungary with visits to Esterházy Castle, Lake Balaton, the Herend porcelain factory and museum, the Tokaj wine region, the Buda Hills, the Danube Bend and many other of Hungary’s most historic and interesting places. The tour will also include a four-day, four-night stay in Buda­pest during which guests will enjoy a dinner cruise along the Danube River and a gala farewell banquet on the final night of the tour. You will stay in some of Hun­gary’s finest hotels and be accom­panied by an English-speaking tour guide as you travel through­out the Land of the Magyars. The cost for the tour is $2,949 per person, based on double oc­cupancy. The tour price includes round-trip airfare from New York, all hotels, breakfast daily, 10 lunches, 10 dinners, the fare­well banquet, the dinner cruise, ground transportation in Europe and all sightseeing tours on the itinerary. To reserve your space on our September tour, complete the reservation form next to this art­icle and send it, along with your deposit of $350 per person, to: Fugazy International Travel, 770 U.S. Highway No. 1, North Brunswick, NJ 08902. Please make your check payable to "Fugazy International Travel.” For more information about the tour, please call Fugazy Travel toll-free at 1-800-828-4488 (New Jersey residents can call 1-908-828-4488). (Ail airfares are subject to change without notice. Land prices are guar­anteed at time of booking.) WILLIAM PENN ASSOCIATION HUNGARY TOUR’94 September 13-27, 1994 RESERVATION FORM FULL NAME: ADDRESS: CITY: STATE: ZIP: PHONE: (Home) (Work) ACCOMMODATIONS: □ DOUBLE OCCUPANCY - $2,949.00 PER PERSON* □ SINGLE OCCUPANCY - $3,449.00 PER PERSON* CITY OF DEPARTURE: SIGNATURE: Send this form along with your deposit of $350.00 per person payable to: “Fugazy International Travel” to: William Penn Hungary Tour, Fugazy International Travel 770 U.S. Highway No. 1, North Brunswick, NJ 08902 ‘Prices are for New York departure. All airfares are subject to change without notice. Land prices guaranteed at time of booking. PLEASE, one person per form. Copies of this form may be made. Creative Protection By Emil W. Herman, EsqGeneral Counsel Previous articles have given you an overview of the protections afforded intellectual property, and specifically patent protection. This article will focus on the protection afforded creative thoughts, once expressed, whether that expression is in the form of a writing, a sketch, a sculpture, a home video, a dance routine, a song, a photograph or computer software. Copyright protection is afforded to all of those creative media. Copyright protection is governed by the Copyright Act of 1976. Under the Act, any form of creative expression is protected once reduced to a tangible medium, for a period commencing with reduction to that tangible medium and continuing until 50 years after the death of the creator. There is no registration requirement, as in patent law, to be afforded copyright protection. The copyright may belong to the creator, may belong jointly to two or more people, or may have been transferred by the creator(s) before or after creation. For instance, an artist needing financial backing while creating his "masterpiece” may transfer a portion of his copyright protection in that masterpiece in exchange for food and shelter. Copyright protection focuses on the expression of an idea, regardless of the form in which the idea is expressed. That expression must originate with the creator, that is, it must not have been copied from someone else’s expression. For example, many of you may have the idea that "love is a wonderful thing. ” If you choose to express that idea in song, poetry or painting, the manner in which you express that idea is protected if the expression originates with you. In 1966 the Isley Brothers recorded a song by the name of "Love Is a Wonderful Thing.” The manner in which they expressed that idea originated with them and was protected under the common law and then existing copyright law. In 1991, Michael Bolton expressed that same idea in a song by that same name. In late April of this year, however, a jury found that Bolton’s expression of that idea did not originate with him, but was copied from the earlier Isley Brothers expression of that same idea. The Isley Brothers were, therefore, awarded a portion of the profits earned by Bolton, which news reports indicate may be millions. Copyright violations may be unintentional. In 1976 a court in New York found that George Harrison of The Beatles has heard and subconsciously copied the score from a song by The Chiffons called "He’s So Fine” into his song "My Sweet Lord.” Harrison admitted having heard the song at some point, but claimed never to have intended to use the score in his later song. The jury found that he had nonetheless subconsciously copied the earlier score. Protection of creative ideas by copyright does not extend solely to protection in the form in which those ideas were originally created. Protection extends to the right to: (1) reproductions of the expres­sion, whether public or private; (2) all derivations from the expres­sion, whether public or private; (3) public distribution of the expression; (4) public performance of the expression; and (5) public display of the expression. Reproduction of copyrighted materials is becoming a "hot topic” in the law. The bootlegged recording or videotape, whether made at home by using a dual play tape recorder or two VCR’s, or made by a criminal element in society and then sold, is a violation of copyright. A single computer software package sold to be installed on one office computer, but installed on every free standing computer in the office and loaned to employees for installation on their home computers, is a copyright violation. Copying articles from the library’s book or magazine shelves, and purchasing one textbook or study guide and copying it for the entire study group, are copyright violations. In each instance, the copyright owner was entitled to be compensated for reproduction of his original creation, and in each instance that creation was reproduced without the copyright owner being compensated. Software manufacturers are becoming more diligent in enforcing their rights under the Copyright Act, as they sometimes go into the workplace and do software audits to determine if the software installed on each computer terminal was separately purchased, or if one software package was used to install the software onto all of the terminals. Authors also have begun enforcing their rights. Texaco Inc. recently was found guilty of copyright infringement because its research scientists had made copies of articles in scientific journals for their files without each scientist purchasing those journals. There are instances when copyrighted works may be reproduced without violation. Television studios are permitted to make copies of program transmissions so that they can be shown in different time zones. Magazines, newspapers and television shows may quote or show portions of copyrighted materials for the purpose of offering critiques of those materials, or for reporting the news related to those materials. Most recently, a rap group’s parody of the Roy Orbison song "Oh Pretty Woman” was found not to be a copyright violation under the "Fair Use” doctrine, as a form of free speech. Remedies for copyright violation include the right to: (1) injunc­tive relief; (2) money damages and lost profits; (3) impoundment of the violating materials; (4) attorneys fees and costs; and (5) criminal penalties. Even though copyright protection begins when the materials are first reduced to tangible form, a lawsuit under the Copyright Act cannot be brought until the materials have been registered and a copy deposited with the United States Copyright Office. Emil W. Herman, Esq., is general counsel for William Penn Association and senior member of the Pittsburgh Law firm of Rothman Gordon Foreman & Groudine, P.C.

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