CHANGES Assignment Example | Topics and Well Written Essays - 500 words

CHANGES - Assignment Example Often, the contactor is expected to maintain a comprehensive record of costs invested in performing the change so that they can validate its claims (Clough, Sears, & Keoki 136). 3. A constructive change in a contract is the consequence of an action, or absence of an action of the contract owner or its representative that can be interpreted as a change to the contract despite the fact that the owner might not have offered an official, written change order. For example, when the contractor is verbally directed to perform a different duty, in a different way, or in addition to that set by the contact, the owner becomes responsible for any extra time and cost. 4. If a project falls behind schedule, the owner can take a recourse or alternative of ordering the contractor to make up the wasted time without being responsible for additional costs of construction. 5. Differing site condition is   an unforeseen site condition realized after execution of a contract and differs from the conditions outlined in the specifications and plans or differ from those that should be experienced at the site. An example is an underground condition that can be discovered in remodeling a structure that existed before (Clough, Sears, & Keoki 140). 7. The main reasons why contractors should be concerned about owner-caused delay are that they enable him to recover under the change clause for extra cost of work. The contractors can also get a profit in the process. 9. Delay damages are difficult to prove because when the delay damages are hard to measure or are uncertain, it naturally means that it is hard to conclude that a specific damage rate or amount is an irrational projection of what the damages might be. 10. The three essential elements of the Revised Contract Amount in a change order: the modifications to be included change in the contract amount, and the signatures of the prime contractor and the owner. This article tries to put forward that the Changes clause is possibly the

Black People and Affirmative Action Essay Example for Free

Black People and Affirmative Action Essay Please be advised that Assignment One on the printed Tutorial Letter 101/3/2013 on pages 12 14 has a number of both typographical and numerical mistakes. This happened as a result of a number of factors: the initial assignment reading was too costly for the Department to commission in terms of copyright and had to be retracted at the last minute. The reading on Affirmative Action: a losing battle? was then included but with an almost impossible deadline, which resulted in the errors reflected therein. This is regrettable and we apologise for any inconvenience this might have cost you. The corrected version of the assignment is on page 3 and is attached to this TL and again on my UNISA for your convenience. The marks are out of 100 marks 50 for Section A and 50 marks for Section B. NB: Please note that the due date has not changed in any way (4 March 2013). 2 ENN103F/102 8. 4. 1. FIRST SEMESTER ASSIGNMENTS The purpose of this assignment is to teach you how to read an article and to critically engage in academic reading and reflecting on the material in an academic manner by answering the short paragraph questions provided as well as an essay. Assignment 01 will be marked fairly fully and sent back to you. Affirmative action: a losing battle? There are considerable reasons to suppose that this topic, which affects all citizens of South Africa, in particular, seems dated. In some instances it is a policy viewed with hostility as it is said to discriminate against sections of the population, yet in others it is seen as beneficial to women, black people and the disabled. Studies show that in many instances this form of historical redress has proven a hindrance to performance and makes the beneficiaries doubt their abilities when viewed by their superiors. This has a negative effect on an organization since the quality of work is seen as being sub-standard. Equally, there are significant indicators, both in industry and the private sector, that the opening up of previously closed avenues through the policy of affirmative action made companies perform better since the beneficiaries of such workplace selection viewed their work as a challenge. Where beneficiaries claim stigmatization by such a selection process, it means they prefer not to have been selected through such efforts. Either way, the battle seems to go on and on. In the light of this ongoing and divisive debate, the level of debate regarding the policy has not progressed further since comparative studies of the policy have not been seriously undertaken. There has been no systematic study of the developments in how the policy actually proves beneficial as a tool of redress. Part of the reason is that, firstly, there is a lack of monitoring of what goes on in organizations, and secondly, that the regulations are not strictly enforced. For instance, companies will usually ‘front’ a black person, a woman or a disabled person, as a chief executive officer and leave the matter of compliance as a secondary issue. Rarely do such companies face serious consequences even if they do business with the government. The question then is whether a time limit should be placed on the policy and Act or whether it should be declared unconstitutional. Consideration has not been taken, for instance, of measures used in other countries to actively promote privilege. Very few advocacy groups ever mention the Naturalization Act of 1790, the Homestead Act of 1862 or even the Federal Housing Administration Loan Program of the 1930s used by the government of the United States of America to promote racial preference; or that such Acts were also used as models for other racially divided societies. Advocacy groups for and against the policy and Act have routinely made it a point that the policy is unsettling, needless and discriminatory, on the one hand, while others argue forcefully that the amelioration of past injustices justifies its implementation. Whichever side is on the ascendancy cannot take the other side’s viewpoint, and in the end the past divisions are set to continue. 3 SECTION A: Short questions Answer the following questions in short paragraphs. Please note that each question will be marked out of 10 marks: 1. 2. 3. 4. 5. Is the affirmative action policy morally defensible? Explain. In your opinion, which country has successfully implemented the policy of affirmative action and why did it succeed? In your view, why did the South African government choose to implement the Affirmative Action policy and Act, and was it ever justifiable? Does the policy need to be discontinued after a certain length of time, and why? In your opinion, why is it that people from a different racial group are unemployable in certain sectors of the economy and not in others? [10 X 5 = 50] SECTION B: Essay Write an essay of approximately one and a half page on either of the questions below. Please note that each essay will be marked out of 50 marks: 1) Do you think cultivating an equal opportunity society has helped countries such as South Africa and America to move forward? In a carefully worded essay, show why this is the case or why it is not. OR 2) To what extent do you consider such a policy and act relevant to the needs of any society today? [50 marks] Best wishes The ENN103F Team 4.

Case Study: Application Architecture

Case Study: Application Architecture Brian Jerozal   For any given organization, it is vitally important to always ensure that the payroll system is designed in such a way that overall effectiveness in enhanced. Traditionally, payroll systems were not quite complicated since employees were more or less few in number. However, the modern-day payroll systems have to take into consideration numerous aspects such as insurance cover, house allowances, bonuses, advance payments and the like. In addition to this, the world has experienced tremendous innovations in terms of cutting-edge technological advancements; these technological innovations have enabled organizations to streamline their payroll systems and thus enhance the standards of effectiveness. For this case study, a comprehensive analysis of the payroll system of a leading American firm will be done. Emphasis will be made upon the specific type of architecture that should be used while establishing the new payroll system for the organization. The various technological platforms tha t shall be integrated into the new payroll system will also be documented while also presenting a graphical illustration of the new model. In addition to this, a comprehensive analysis of possible issues of ethical concern with regard to the new payroll system shall also be conducted. Considering the fact that this organization has a wide area network that interlinks the numerous offices in different parts of the United States of America, it is of paramount importance that the new payroll application system be based on a solid architectural framework. Such an architectural framework must consider all-important factors such as the avoidance of errors, synthesis of data contained in inventories, evaluation of allowances, and integration of the prevailing rates of income tax. Following is an analysis of the specific components of the architecture for the new payroll system. As mentioned above, the payroll system of such a large organization should be based on a solid framework that considers all-important factors. Firstly, the architectural framework must have the capacity to evaluate the fine details pertaining to the payment of employees. The number of hours of work done by individual employees should be included in the new architectural framework; this is one of the most critical aspects of any kind of payroll system (Bragg, 2004). The hours vary from one employee to another and as such, this results into pay variations even among employees who are categorized in the same job group. Apart from the number of hours, another important variable that must be included in the architectural framework for the new payroll program is the prevailing rates of tax or revenue deductions. On an annual basis, the Federal Government of United States of America reviews the rates of income tax in accordance with the specific budgetary projections. These rates must be ta ken into consideration while calculating the total pay of all employees and as such, the new architectural framework should have the same (Steinhoff, 2000). Another important variable that should be included in the design of the new payroll system is the labor data; the nature of work done within an organization varies from one employee to another. This results into pay variations and as such, it must be included in the design of the new payroll system. The employee master file is another crucial aspect that must be taken into consideration while designing the new payroll system; the master file provides all the fine details about the employee including pending bonuses, increments and other miscellaneous information. Apart from the employee details, the architectural system of the new payroll program shall also include the relevant platforms for making precise calculations. Some organizations incur huge expenses every now and then as a result of using payroll systems that are characterized by substandard levels of accuracy. In order to avoid such eventualities, the new payroll system should be carefully designed in such a way that high l evels of accuracy are attained while performing calculations. Finally, the architectural design should also have the capacity to provide an updated payroll without any kind of delay; this will go a very long way towards helping the organization avert unnecessary instances of time wastage (Bragg, 2004). As already mentioned in the introductory section of this paper, the extensive advancements in technology have made it possible to streamline the payroll systems in all kinds of organizations. In order to successfully implement the architectural system for the new payroll system as outlined above, it is of paramount importance to examine some of the most important technological components that shall be used. Firstly, internet connection will serve as an important element from a technological point of view. This is because the organization has offices in different parts of the United States of America and as such, reliable connection is required (Steinhoff, 2000). Considering the expans ive nature of United States landmass, it would be critically important to back-up the wide area network connection with high-speed fourth generation internet connectivity. In order to enhance the security of the data transfer from one office to another, unique internet protocol addresses must be used. All the IP addresses must be encrypted in accordance with the specifications provided by the main server in order to streamline communications while also enhancing the standards of security. Apart from internet connection, another important technological platform that must be integrated into the architectural framework of the new payroll system of the organization is the use of quality software applications (Bragg, 2004). There are numerous payroll software applications available in the United States and global market; however, this fact notwithstanding, some are characterized by fundamental flaws such as the lack of accuracy and susceptibility to cyber-crime. One of the most effective payroll software for corporate organizations is the Dynamics GP. Produced by Microsoft Corporation, this software has the capacity to streamline the payroll systems within the organization since it has high levels of accuracy and also saves time. TRAVERSE by Open Systems is another software application that might come in very handy for the payroll system of this organization since it is characterized by high levels of effectiveness (Boroughs, 2008). Despite the fact that the new architecture for the payroll application in this organization would be characterized by high levels of efficiency, it is critically important to pinpoint the fact that there are several potential issues of ethical concern that might characterize its implementation (Boroughs, 2008). For instance, the new application might contribute immensely towards the infringement of fundamental rights of the employees because of being too dependent on detail. The potential ethical issue can arise in the connection with the new architecture for example reduced jobs,if the company uses the architecture method for the new payroll, then the employee might no longer be essential. Usually, the company has a department where it looks at the payroll of the employee, but with this system, most of the job will be done and handled by the computer. Fraud is another concern, the employee who knows about computer and networking can easily manipulate the information like changing th e time sheet. Hacking is one of the most common problems in todays world. No matter how secure the company system is, there are people who can back the system company. Putting their information in the web can be hacked and the information can be used against them. In addition to this, the fact that the computer systems of the organization are connected with one another might result into the disclosure of the payroll details of employees to unwanted parties.   Ã‚   References Boroughs, A., Hunter, I., Palmer, L. (2008). HR Transformation Technology: Delivering Systems to Support the New HR Model. New York, NY: Routledge. Bragg, S. M., Bragg, S. M. (2004a). Creating a Payroll System. In Accounting for Payroll: A Comprehensive Guide (pp. 3-15). John Wiley Sons, Inc. Bragg, S. M. (2004b). Setting Up the Payroll Department. In Accounting for Payroll: A Comprehensive Guide (pp. 251-258). John Wiley Sons, Inc. Steinhoff, J. C. (2000). Human Resources and Payroll Systems Requirements (United States, Government Accountability Office). Retrieved from www.gao.gov/special.pubs/ai002123.pdf

Macbeth: Corruption :: Macbeth essays

Macbeth: Corruption When people come into a postion of power where the definition of control becomes a new definition according to their point of view, they unleash a feeling in their minds that what ever decision they make that directly conflicts the lives of other people, they don't feel responsible. That's when npower corrupts the minds of people. People in power feel that they can do anything when their in power for a long period of time. Corruption is something that is motivated by greed and deception. It's a very sinister personality that controls and destroys people's live and makes them the kind of person other people don't want to associate with. When a person is in power, some situations occur when they can acquire anything, lying, bribing, coning, or stealing. With these in mind anybody in power could become a powerful foe. The reason why corruption has become a problem is because it's fair to become greedy for more. And soon it gets out of control and now you have a corrupted person who in order to change would have to step out of power and become a person who doesn't control. Nothing can really be done to sustain it or avoid it, if you take a corrupt person in power and replace a fair and just person. Sooner or later they also become corrupt. You just have to assume and hope the replacement will be a fair person. In the tradgity "Macbeth" there are many examples of corruption. When Macbeth became Thane of Cowdor his wife, Lady Macbeth, was very delighted to hear of such news. And when hearing that Duncan, the king ,would be coming to dinner at their castle, gave her an idea that maybe they need a new king, Macbeth! This is a perfect example of corruption, as soon as she became more powerful, she was lusting for more. As play carries on the corruption becomes greater with the killing of Banquo. Banquo who was a friend of Macbeth is betrayed when Macbeth, the new king, orders him to be killed only because Banquo has a son named Fleance that Macbeth stupidly believes will take the throne away from him,"To make them kings, the seeds of Banquo kings!" This of course get the people suspicious, but now it's to late, Macbeth had gone crazy as well as Lady Macbeth. Of course then when your in power sometimes you think nothing will happen that will hurt you in any way, that your safe in the confinment of your office or room. Of course this never works and theres always some terrible thing bound to

Copyright Law Case Study

Music Business Music Technology & Production Year 3 K00121700 Case Study Ronan Mitchell Abstract Copyright Law is an important entity within the music industry. It protects the owner of authorship from infringement. Infringement arises when the copyright owner’s work is used without their consent. Although sounds cannot be copyrighted, some cases have shown that the argument of copyrighting one’s voice can sometimes hold weight in a court of law. Singer Tom Waits sued snack manufacturer Frito Lay for hiring a singer to impersonate him in an advert.Mr. Waits felt that his artistic copyright had been infringed upon. Frito Lay’s defense argued that a voice cannot be protected by copyright law as it is a sound and not a musical piece of work. They referred to a similar case involving Bette Midler in which she sued Ford motors for using an impersonator in a commercial to imitate her voice. Although Midler lost the case, it created ambiguity over the issue of an artist ’s right their voice, if they believe it to be distinctive. Tom Waits, unlike Bette Midler, won the lawsuit and earned him $2. 6 million.This case served to highlight the complexities involved with advertising agencies using, not only an artist’s work, but also their identity. Introduction The music industry is notoriously rife with legal disputes. Many of these are due to infringement of copyright. A grey area arises, however, when it comes to advertising. In a lot of cases, an artist will gladly accept royalties and/or remuneration to have their song featured in an advertisement. But in certain instances, artists will have strong opinions about having their music feature in an advertisement.When this happens, advertising companies who use this artist’s work can find themselves in the middle of an ugly legal dispute. This case study endeavors to discuss some of the legal complexities involved when advertising companies use an artist’s musical work. Sever al cases exist in the United States where advertising agencies ran into legal disputes over music featured in an ad, even when not infringing upon standard copyright laws. I have chosen two cases to cross examine to highlight certain legal problems that certain advertising companies face.The first case examined for this study is Tom Waits Vs Frito-Lay, Inc. In this case Tom Waits sued the Frito-Lay snack manufacturer and their advertising agency for voice misappropriation and false endorsement. Despite not infringing on any copyright laws, Waits won the case and was awarded $2. 6 million in compensatory damages, punitive damages and attorney’s fees. (Roesler, 1992). The second case examined in this study will look at is Bette Midler Vs Ford Motor Co. This case, which preceded Waits lawsuit, is almost identical in that Ford’s advertising agency, Young & Rubicam, Inc. hired an unknown singer to impersonate Midler on a version of her track â€Å"Do You Want To Dance†. (Lurie, 1994) Midler took legal action and sued Ford for $10 million, also citing voice misappropriation. Unlike Tom Waits case, US District Judge A. Wallace Tashima ruled against Midler, stating that the evidence presented wasn’t sufficient and that a voice is not a copyrightable entity (Los Angeles Times, 1989) Study To better understand the legalities that face companies in these instances, we must first develop a better understanding of what copyright law entails. In short, Copyright is a property right.It is a set of laws and regulations set in place to protect to form of expression of ideas. The ideas themselves cannot be protected by such laws. The idea must take on some tangible form, such as a recorded piece of music, a produced film, piece of art, etc. The owners of these rights are protected by copyright law from anyone who would copy their work and reproduce it for their own monetary gain without the owner’s express permission. It is the owner of the co pyright who may authorize the use of their work by another party, but only they only reserve the right to do this at their discretion. Neff, 2012) Naturally, as there are many different mediums for expressing ideas, copyright law is divided into many different subsections. This is to cover all vessels for creative expression. On a simple scale, copyright subsists in four sections; Music, Film and Broadcast, Literary Publication and Original Databases. The music subset consists of Musical, Literary, Dramatic or Artistic Works. The musical copyright covers works of music that do not contain words. How notes are arranged to form melodies, song structures and chord progressions are protected by this copyright.Certain musical elements are not protected by this. If a guitarist has particularly unique guitar tone, he cannot have this protect by a copyright. A specific tone is not a tangible musical work and therefore cannot be protected. However, if the same guitarist recorded an original piece of music with that guitar tone, this recording is now a tangible body of work and can be protected by musical copyright. It is the music itself that is protected. Not the sound. (Neff, 2012) This is a particularly interesting element of Tom Waits lawsuit against Frito-Lay.The defendants argued that the â€Å"voice misappropriation† case was invalid as one cannot own the rights to certain style of singing. (UMKC School of Law, n. d. ) Tom Waits is an American singer, songwriter, composer and actor. Almost as much for his music, he is renowned for his unique gravelly, guttural singing voice. His voice has been described as sounding like â€Å"like it was soaked in a vat of bourbon, left hanging in the smokehouse for a few months, and then taken outside and run over with a car. † (Graff, G & Durchholz, D 1998).Tracy-Locke, Frito Lay’s advertising agent, approached Tom Waits about using is his song â€Å"Step Right Up† in an advert for RioSalsa Doritos. They put together a version of the song which featured new lyrics relevant to the product and played this for Waits. Tom Waits refused outright as he is vehemently opposed using his music to sell products. It was interesting that they chose that particular song, as the lyrics are a satirical indictment of advertising. The song features advertising slogans used sarcastically to describe a product that supposedly does everything from â€Å"shine your car† to â€Å"make you six foot five, blonde and beautiful†. Jacobs, 2000) When he refused, the Tracy-Locke company then hired a singer to impersonate Tom Waits style of sing over a song that bared a lot of similarities the Waits â€Å"Step Right Up†. Tom Waits took legal action and sued for voice misappropriation and false endorsement. (Roesler, 1992) As the lyrics for the song were altered to suit the ad, Waits literary copyright was unaffected. The literary copyright pertains to a work of words which are written, spoken or sung. This work does not specifically need to be written down for the copyright to apply. A recording of such work holds he same right as literary work that is written or printed. Written musical notation also falls under this subsection regardless if it is written down, printed or recorded. (Neff, 2012) As for the musical rights to the song, it transpired that Tom Waits, despite having written the piece, did not have authorship of the copyright for â€Å"Step Right Up†. In normal circumstances, authorship of the copyright to a sound recording is held by the produce of said recording. In this case, the authorship fell to Fifth Floor Music run by Herb, Martin and Evan Cohen.Frito Lay had in fact obtained the synchronisation license from Fifth Floor Music. This licence enabled them to reproduce a new song extremely similar, albeit not identical, to â€Å"Step Right Up† to which the new jingle lyrics were added. Tom Waits was unaware of this so was unable to ste p in and terminate the dealings. Although, having no authorship of the copyright, it is questionable as to whether or not this would have had any sway in the proceedings at all. (Jacobs, 2000) Similarly, in Bette Midler’s case, like Waits, Midler was not the owner of the copyright.She did not write the song nor did she pen the lyrics. Ford Co. bought the rights the song â€Å"Do You Want To Dance† from the publishing company that had ownership over the copyright. This meant that Ford had no obligation to contact Bette Midler with regards to their intentions to use the song for their commercial. (Lurie, 1994) Since Midler had no ownership rights, the defense argued that her â€Å"voice misappropriation† was preempted by the copyright act. However, this was rejected as they found that copyright cannot be preempted if the subject matter â€Å"does not come within the subject matter of copyright†¦.. ncluding works or authorship not fixed in any tangible medium of expression. † (UMKC School of Law, n. d. ) It was decided that, since it was not possible to copyright a particular sound (like that of the guitar tone), the voice was not suitable copyright subject matter. Thus, copyright preemption did not apply. (UMKC School of Law, n. d. ) Although the court ruled in favor of the defendant, Midler’s case of â€Å"voice misappropriation† raised the question of a celebrity’s right to control over their identity, with respect to commercial use. This ambiguity was vital to the outcome of Waits lawsuit only three years later. Lurie, 1994) The copyright preemption issue in Midler’s case was referred to in Waits Vs Frito Lay. The defense requested that, since Tom Waits was not the lawful owner of the music copyright, the preemption of copyright law did not apply in this instance as it had with Midler. Waits case was not for infringement of a tangible copyrightable piece of work, but for infringement of voice. Again , voices are merely sounds; and sounds are not protected by copyright law. (UMKC School of Law, n. d. ) Despite this, the defense argued that, even though they had copied Waits musical style, they did not imitate his voice.This was found to be untrue, however. It transpired that Tracy-Locke’s executive producer was quite concerned with the legal implications of their singer’s striking similarity to Waits’ voice. He requested that they record another version of the jingle asking the singer to sing less like Waits. Unhappy with the result, Frito Lay insisted they use first version. (UMKC School of Law, n. d. ) On the day that the commercial was due to air, Tracy Locke’s managing vice president spoke with their attorney regarding what legal issues they might encounter.He was advised that there was a strong possibility of legal ramification due to recent case law that recognized a distinctive voice as protectable. However, as style was not protectable, their attorney informed them that the case might hold no merit. (UMKC School of Law, n. d. ) Despite the warning, Frito Lay chose the version that imitated Tom Waits’ distinctive voice. It was proposed that the jury be given a proposed instruction on the distinction between voice and style which read, â€Å"In contemporary music, there are a great many styles or â€Å"sounds,†Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Style is not subject to ownership.No singer can appropriate for himself any style and exclude others from performing in the same style. Any singer is free to sing in the same style. † (UMKC School of Law, n. d. ) This instruction was rejected by the district court. Given that there were a lot of similarities between this case and Midler’s â€Å"voice-misappropriation† case, the jury was asked to decide whether or not they found Waits’ style to be distinctive. The defense argued that the omitted instruction was an error in judgment as this then left the jury unc lear as to what the distinction was between voice and style. (UMKC School of Law, n. d. Waits argued that although no copyright infringement had occurred, he felt his artistic integrity had been compromised. It was put forth that anyone had heard the advertisement would automatically assume that it was Waits singing. Waits has strongly spoken out about artists taking money to allow their music to be used to sell product. He felt that, as the Doritos advertisement jingle sounded identical to his voice and musical style, that his fans would assume he participated in the advertisement and had willing endorsed the product. This, he asserted, was damaging to his reputation and his career as an artist. UMKC School of Law, n. d. ) The jury then listened to several of Tom Waits songs to determine both his musical and vocal style. The court then played them the Doritos advertisement in question for comparison. To convince them further, Waits attorneys had them hear testimonies from people wh o had in fact thought that it was Waits in the advertisement. (Roesler, 1992) This argument was persuasive enough to sway the jury. They were convinced when they heard to advertisement and the testimonies that, despite the fact that no copyrightable material had been infringed upon, Waits’ artistic integrity had been compromised.The jury found that the defendants had â€Å"acted with oppression, fraud or malice† (Roesler, 1992, p. 15). Tom Waits was awarded 2. 6 million dollars in compensatory damages and attorney’s fees. Conclusion In conclusion, we can see from the above cases that copyright is a bastion for musical artists. They help to protect an artist’s right to their work and a right to their form of expression from being exploited by large companies and advertising agencies who can sometimes try to profit from their work.Although, as they are vital to protecting an artist’s creative work, we can also seen from the cases studied that they ca n protect much more than that. Technically, in the eyes of the law, only a tangible body of work can by protected by these rights. However, as this study has shown, in certain rare cases, these rights can be manipulated to encompass, not only an artist’s work, but their identity, persona and artistic integrity when exploited.As made evident by the unusual Tom Waits lawsuit, it seems that advertising companies in particular must wade carefully when wishing to use unlicensed music for commercials. As their sole intention is for making money, they can be looked at very callously by court jury. Thus, certain unscrupulous can land in a lot of trouble despite not infringing on a copyrighted piece of work. Although situations such as this are quite unusual, they highlight the importance of copyright law within the music industry. References Graff, G & Durchholz, D 1998, Musichound Rock: The Essential Album Guide. Visible Ink, Detroit * Jacobs, J. A 2000, â€Å"Copyright: Tom waits Vs Frito Lay†, viewed 04 January 2013, < www. tomwaitsfan. com/tom%20waits%20library/www. tomwaitslibrary. com/copyright-fritolay. html> * Los Angeles Times (1989), Bette Midler Loses Ford Sound-Alike Lawsuit : Celebrity: $10-million suit over TV car commercial is dismissed but action against the ad agency is allowed to stand, viewed 06 January 2013, http://articles. atimes. com/1989-10-27/business/fi-901_1_bette-midler * Lurie, K. (1994) Waits v. Frito-Lay: The Song Remains the Same.. Cardozo Arts & Ent. LJ, 13, 187. , Available at: http://heinonline. org/HOL/LandingPage? collection=journals&handle=hein. journals/caelj13&div=26&id=&page= [Accessed: 6th January 2013]. * Neff, F. 2012, â€Å"Copyright and Related Rights Act 2000; Introduction to Copyright Overview And Originality in Copyright†, * Neff, F. 012, â€Å"Authorship and Ownership of Copyright; Copyright and Related Acts 2000 Sections 21 to 23†, * Roesler, M. (1992) Waits v. Frito Lay,. 978 F. 2d 1093 (9 th Cir. 1992), Available at: http://www. markroesler. com/pdf/caselaw/Waits%20v. %20Frito-Lay%20Inc. %20_1992_. pdf [Accessed: 6th January 2013] * University of Missouri Kanas City School of Law (1992) Waits v. Frito Lay, Inc. United States Court Of Appeals For The Ninth Circuit, Available at: http://law2. umkc. edu/faculty/projects/ftrials/communications/waits. html [Accessed: 4th January 2013].

Biography of William Wordsworth Essay

William Wordsworth was born April 7th, 1770, in Cockermouth, Cumberland. He attended school at Saint John’s College, University of Cambridge. He was said to have loved nature. During school breaks he visited places known for their scenic beauty. While in France, he fell in love with Annette Vallon. They had a daughter in December of 1770, shortly before he moved back to England. Wordsworth had written poetry while he was still a schoolboy, but none of his poems were published until 1793.His first published poems were An Evening Walk and Descriptive Sketches. These poems exhibit the influence of the formal way of poetry in England throughout the 18th century. Wordsworth had met Samuel Taylor Coleridge, a fellow poet, and in 1797 Woodsworth moved to Alfoxden, Somersetshire, alongside his sister Dorthy. Their residence was near Coleridge’s home in Nether Stowey. This move created a sustained friendship between Wordsworth and Coleridge, and they both worked on a volume of poems entitled Lyrical Ballads, which was published 1798. Lyrical Ballads is said to have indicated the beginning of the Romantic Movement in English poetry. Wordsworth wrote the majority of the poems in the book, such as â€Å"Tintern Abbey†. Coleridge’s main contribution was Rime of the Ancient Mariner. Lyrical Ballads was met with hostility from most critics, as it represented an uprising against contemporary English poetry. In justification of his unconventional philosophy of poetry, Wordsworth wrote a â€Å"Preface† to the second edition of Ballads, which emerged in 1800. His idea was that the basis of poetic genuineness was the sincere occurrence of the sense. He said that poetry derives from â€Å"emotion recollected in tranquility.† He insisted that the scenes and actions of every-day life and the speech of common people were the basic material of which poetry should consist of. Prior to his publication of the â€Å"Preface†, Wordsworth went with Coleridge to Germany in 1798-99. During this time period, Wordsworth wrote a number of his best lyrical verses. Many critics consider theses verses as Wordsworth’s greatest work. William and his sister returned to England in 1799, and moved to Dove Cottage in Grasmere, Westmorland. This area is near the English Lake District. Robert Southey, another poet, and Coleridge, lived nearby. Wordsworth, Southey, and Coleridge became known as the Lake Poets. Wordsworth married Mary Hutchinson in 1802. She was a childhood friend, who was depicted in â€Å"She was a Phantom of Delight†. Poems in Two Volumes was published in 1807. Wordsworth’s poetic ability and insight became dull as he became older. His later poetry cannot measure up to the poetry written during his youth. Wordsworth was awarded a government pension in 1842. He died at Rydal Mount, on April 23rd in 1850. He was buried in the Grasmere cemetery.