‘Fair Dealing’ Defences in UK Copyright Law: An Analysis

‘Fair Dealing’ Defences in UK Copyright Law: An Analysis â€Å"The ‘fair dealing’ defences occupy a pivotal position in copyright law. They ensure a balance between the interest of the copyright owner in securing a just return on creative work and the public interest in ensuring that intellectual property does not impede the flow of ideas and information.† J Griffiths Preserving Judicial Freedom of Movement –Interpreting Fair Dealing In Copyright Law IPQ 2000, 2,2 164-186. To what extent do you consider that the fair dealing provisions and the supporting case law provide a desirable and consistent balance between these interests? This paper will criticize the restrictive approach of ‘fair dealing’ defences in UK copyright law. American copyright law will be examined in comparison to discuss the alternative attitudes towards ‘fair dealing’ defences in infringement disputes. Changes to the rule will be proposed and discussed to demonstrate how the current copyright defence can be improved to maintain the balance of protecting intellectual property and freedom of information. Fair Dealing defences which are used against copyright infringement cases raise important philosophical issues at the heart of Intellectual Property. There is a need for society to share and build on existing knowledge for progress. For example it can be argued the need to allow freedom of expression, is ‘more than necessary to incentivise creative expression in the first place.’[1] Fair dealing defences attempt to mediate between the fine line of the commercial proprietary rights granted through copyright and the legitimate public use of material in good faith, to teach, educate and share cultural works. Thus there is a fundamental dichotomy between the free expression of ideas in the public domain and the rightful protection of creative works which use such knowledge and information. This is termed the ‘idea-expression divide.’[2] Kretschmer [3] argues against the concept of copyright, due to its capacity to act as an ‘artificial barrier’[4] i mpeding the exchange of ideas in society. One explanation behind such divisions can be suggested to lie in the historical Lockean conceptualization of property. This is defined negatively creating ‘rights to exclude access.’[5] This ‘absolutist conception of property rights’[6] allows the creators to exploit and monopolize economic, cultural production at the expense of fair uses in the public interest and freedom of expression. But there are those who support the rights of the author. For example the French system of droit d’auteur enables an artist to control how their work is distributed in the market. While concerned about economic exploitation of work, moral rights also ensure the author has rights to protect the integrity of a work. Thus the British concept of fair dealing defences must balance these conflicting tensions. British copyright law protects the manner of expression or form of the idea, not the idea itself. A book can be protected but not the actual underlying ideas and themes conveyed in the written text. This was stated in the case of Donoghue[7] where the judge held ‘the person who has clothed the idea in form, whether by means of a picture, a play or book’ will enjoy the benefits of copyright protection. Fair Dealing in UK copyright law is a defence under Sections 28-76 of the CDPA 1988[8]. The legislation provides for a set of prescribed circumstances, where reproductions of copyright material will not be considered an infringement. Fair dealing is outlined in sections 20-30. There are three categories where copying can be considered a fair action to take when using copyright protected material. They are 1) for research and private study under section 29; 2) for criticism and review in section 30; and 3) reporting current events under section 31. It must be noted that the legislation provides no clear definition of what constitutes fair use of material which attracts copyright. Thus the act restricts the defence to the non exclusive purposes as stated above. One reason for restricting fair use to a number of permitted acts enables the judge to consider other factors which are unique to the case itself. Fair dealing in this sense is shaped in the UK by judges as a ‘matter of im pression’[9] on a case by case basis. The scope of fair dealing was clarified by Lord Denning in Hubbard v. Vosper. [10] This case suggested certain criteria to be considered by the judge in order to determine whether fair use can be permitted in different situations involving the use of copyrighted material. Denning outlined considerations, such as the frequency and extent of quotations, and subsequently the nature of using quotations. Denning states in response to this test, ‘If they are used as a basis of comment, criticism or review that may be fair dealing. If they are used to convey the same information for a rival purpose, they may be unfair.’ Another rule of thumb is the extent of the quotation within copyrighted work. This considers the size of the actual quote used and its justified proportions in fair use. For example Denning suggests ‘to take long extracts and attach short commentary maybe unfair.’ Each case of infringement is judged by objective standards, through the eyes of an hon est person as to whether they would have dealt with the protected material in the same way as the infringer has acted. Existing fair dealing case law, only serves to highlight the ambiguity of the defence under English law. It is difficult to provide a desirable balance which protects the exclusive rights of the copyright holder but maintain a consistent approach which provides certainty to use material which is permitted in law. For example the purposes of legitimate research, the courts will not allow commercial research if it is used to produce a competing product or work. This was highlighted in the case of Time Out.[11] It can be suggested large amounts of copying will be allowed for private research and study in the eyes of the law. Academics argue in this context fair dealing functions to enable freedom of individual research and study. To require and enforce protective measures to prevent the use of copyrighted material is impractical and uneconomic. It is argued copyright should not be used as a bar to those who wish to use the work in their own studies. Torremans argues copyright property rhetoric should not be allowed to supersede important value of free ideas. For example ‘copyright should not become a financial and practical obstructing barrier. There needs to be a balance between the interests of the copyright owners and society in the good functioning of the copyright system and the inter est of society for its development.’[12] It can be suggested this same line of reasoning underpins the fair dealing doctrine for educational purposes. Copying is permitted for intellectual property in dramatic, literary, artistic or musical work for purposes of instruction. Thus a student would be allowed to copy a part of an academic article in order to support their research or point of view in an essay. Under the category of infringing material for the purposes of criticism and review, it has been established that infringement will not occur if there is adequate acknowledgement of the author, the title or description of work is made available, as held in the case of Sillitoe.[13] Fair dealing was extended in the case of Pro Sieben Media AG [14] which held criticism of work can be fair, even if including the ideas in a work to discuss its ethical implications. The case stated that the ‘defence is limited to criticizing or reviewing that or another work or a performance of a work.’ The function of the defence is to allow a critic a sensible degree of leeway to conduct a review of the work. The courts stated the use of infringing material in a documentary was ‘a genuine piece of criticism and review rather than an attempt to dress ordinary copyright infringement up as criticism.’[15] This case suggests it is fair to critically treat copyrighted material using the ideas within the work. But crucially ‘the defence does not cover those cases where only ideas, doctrine, philosophy and events are criticized.’ [16] Therefore the fair dealing doctrine is narrow in scope, restricted only to the fair use for the purposes of critical review. This case been criticized by Torremans who has argued it is not sufficient to rely on the infringers ‘sincere belief’ they are conducting fair criticism. There is an imbalance for those to wishing to exploit the fine line and cynically infringe work and simply claim the fair dealing defence for the purpose of criticism and review. It can be suggested in comparison to US legal ‘multi – purpose’[17] concept of fair use, the UK fair dealing doctrine is too restrictive in scope and interpretation. The UK is restrictive because the CDPA legislates three categories of permitted copying under the fair dealing defences, which are determined on a case by case basis of the judge. Thus anything else will be uncovered by the doctrine. The American legal system in contrast uses four standard ‘balancing’[18] tests to determine the extent of copying protected material which is covered under the fair use doctrine. The fair use doctrine is a wider and more flexible legal concept to balance the ‘idea-expression’ division in intellectual property. Under the American Copyright Act 1976 17 U.S.C Section 107 states: ‘In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include- 1.the purpose and character of the use, including whether such use is of a commercial nature or it is for non profit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and 4.the effect of the use upon the potential market for or value of the copyrighted work.’ The fair use doctrine is not defined within the statute, it is left open to broad interpretation by judicial opinion. This ensures a degree of flexibility for the continued transmission of ideas in society. This for example can be seen when analyzing the primary factor of purpose and character. The concept of fair use rests on the idea of limited ‘transformative use’[19] for similar purposes of educating, parody or comment. The standard allows the courts to asses whether the use is fair and justified. It also requires the burden of proof on the infringer to ‘demonstrate how the consideration is the extent to which the use is interpreted as transformative as opposed to merely derivative.’[20] This point of law was considered in cases such as Mattel Inc.[21] The toy company lost the claim against an artist who parodied the iconic â€Å"Barbie† doll figure in a non derivative manner. The doll was used in an entirely different context which defeated the c opyright infringement claim. Secondly the benefits of American fair use can be seen when considering the nature of the work. The standard allows for the distinction between created work and factual information which serves the public through its dissemination into the open arena. It is argued there is more ‘leeway’[22] to copy factual material. This provision directly allows the courts to ‘prevent the private ownership of work that rightfully belongs in the public domain, as facts and ideas are separate from copyright.’[23] This was held to be the case in Time Inc [24]concerning the public interest of the film depicting the assignation of President Kennedy. The social need to keep this in the public domain was greater than the commercial need to uphold the copyright in the film footage. The third factor assessing the amount and substantiality of the original copied work is a more troublesome standard to determine in the courts. For example the issue of sampling in hip hop music, which reclaims existing music and uses it to create a new track, was litigated. Here the courts have been unusually strict seen in the decision Grand.[25] The case enforced the copyright of a Gilbert O’Sullivan song and lead to the restrictive requirement of licensing samples of music from the copyright owner, if the sample if substantially recognizable. The fourth factor of investigating the effect upon the work’s value attempts to quantify the commercial impact infringement has had on the protected material. The ‘Betamax’[26] case involved the copyright owner Universal loosing the infringement claim as it could not prove with any reliable evidence that the Betamax technology had dented the commercial broadcaster’s profits. Such an approach allows the courts to factor in alleged market harm to copyrighted material, and give equal consideration to economic concerns of the rights holder to make a fully informed assessment of the situation. These four non exclusive factors provide enough flexibility for judicial opinion to consider other important considerations in relation to each individual case of infringement. In addition flexibility is encouraged as the fair use doctrine is a positive ‘defense to copyright, which means if the defendants actions do not constitute and infringements of the plaintiffs rights, fair use does not even arise as an issue.’[27] Thus a broader view is established in the US system. You do not need the consent of the copyright owner under American law to engage in fair use of material which attracts copyright. However further criticism of the UK approach to fair dealing arises in the wider context of digital copying technology and file sharing. The doctrine is made to look ineffective, mainly through the botched nature of the UK implementation of the EU Directives on the Information Society. This paper believes it is necessary to resolve these problems and rethink the traditional approach to copyright infringement in a digital environment. The aim to balance the conflicting factors of the author’s rights and the need to allow the free exchange of knowledge in society is harder to perform with widespread digital copying. But it is possible through Digital Management Systems, to distribute copyrighted content through technology which limits the capacity to duplicate files by the consumer. Despite DMS, this paper believes the frequency and simplicity of replication facilitated through digital technology far outweighs such content managed systems that use inbuilt licensing restrictions. For example peer 2 peer file sharing and online digital content has facilitated the exchange of copyrighted music in huge numbers among users of a globalised network on the internet. It can be suggested that the UK’s implementation of the EU Information and Society Directive (2001) shows how outdated the present conception of fair dealing defences are. Article 5 deals with the exceptions and limitations to the use of copyright, in order to harmonize European policy. Under Article 5(5) a ‘draconian’[28] three step test is used to assess any infringement exceptions in special cases. This section is to be ‘applied if they do not conflict with normal exploitation of the work and if the exception does not unreasonably prejudice the legitimate interests of the rights holder.’[29]Critics suggest this is an even stricter standard providing no fair use for ‘copy protected on demand services.’[30] Critics view the directive to mistakenly allow principles of freedom of expression to be ‘handed over to the rights owner.’[31] For example under article 6(4) availability of research material through on-demand services c an be contractually blocked by the copyright holder. This has major repercussions for the role of UK fair dealing defences as it renders the doctrine ineffective in the digital arena. Kretschmer worries this amounts to a ‘possibility of perpetual copyright.’[32] In addition to this under 5(1), the directive provides for technical exceptions which involve necessary copying for technological process and digital content. Temporary reproductions such as the cache of files within a browser which copy files of data will not infringe copyright as such acts are ‘incidental and should have no economic significance.’[33] In light of such developments it can be suggested there is a need to find alternative solutions to reward copyright owners interest within a digital context. There is a need for copyright to ‘generate new resources of remuneration’[34] for rights owners instead of functioning in a prohibitive manner. Kretschmer proposes alternative system of royalties to be used to compensate owners who can not stem the tide of digital copying. For example ‘a small royalty percentage on content traffic revenues from ISP’s would have been the obvious legal innovation.’[35] Such novel solutions are needed in order to successfully balance the freedom of information with traditional copyright interests. In conclusion this paper argues for the need to make changes and decided upon pragmatic alternative solutions to the current legal situation. Fair dealing should be redefined to enable copyright infringement defences take into account the development of digital content. It can be suggested to ensure greater flexibility the UK should adopt the wider US fair use doctrinal approach to defending infringement. Legislation should widen the scope of fair dealing through standard factor based tests. Adopting such standards would promote a liberal approach to asses the degree and nature of infringement. This is needed to make sure the vital balancing act of competing ideological tensions continue within intellectual property law. Bibliography Klang Murray (eds) Human Rights in the Digital Age, 2005 Cavendish Lloyd, Information Technology Law 4th Ed, 2004 ,OUP Bently Sherman, Intellectual Property Law, 2nd Ed, 2004, Oxford Holyoak Torremans, Intellectual Property Law, 3rd Ed, 2001, Butterworths Intellectual Property Law, Fourth Edition 2004, Cavendish Publishing J Griffiths, Preserving Judicial Freedom of Movement –Interpreting Fair Dealing In Copyright Law IPQ 2000, 2,2 164-186 M. Kretschmer, Digital Copyright: End of an Era, 2003 www.cippm.org.co.uk Joint Information Systems Committee and Publishers Association, Guidelines for Fair Dealing in An Electronic Environment, 1998, www.ukonln.ac.uk/services/elib/papers/pa/fair/intro.html R. Buchan, Fair Picture, Guidance from the English High Court on Fair Dealing for the Purpose of Criticism and Review, as Applied to Copyright Material, The Journal of Law and Society, August 2005, Page 52, www.journalonline.co.uk/article/1002090.aspx 1 Footnotes [1] W. Landes and R. Posner, An Economic Analysis Of Copyright Law, (1989) 18 Journal of Legal Studies, 325-366 [2] Http://en.wikipedia.org/wiki/idea-expression_divide [3] www.cippm.org.uk, M. Kretschmer, Digital Copyright: The End of An Era [4] http:en.wikipedia.org/wiki/copyright/fair_use_and_fair_dealing [5] www.cippm.org.uk, M. Kretschmer, Digital Copyright: The End of An Era [6] as above [7] Donoghue v Allied Newspapers Limited (1938) Ch 106 [8] Copyright, Designs and Patent Act 1988 [9] Lord Denning Hubbard v. Vosper (1972) 2 QB 84 1 All ER [10] Hubbard V Vosper (1972) 2 QB 84, 1 All ER 1023 [11] Independent television Publications Ltd v. Time Out Ltd (1984) FSR 545 [12] p. 258 Holyoak and Torremans, Intellectual Property Law, 3rd Edition, Butterworths, 2001 [13] Sillitoe v. McGraw-Hill Book Co (UK) Ltd (1983) FSR 545 [14] Pro Sieben Media AG v. Carlton TV (1999) [15] p.259 as above [16] p.259, Holyoak and Torremans, Intellectual Property Law, 3rd Edition, Butterworths, 2001 [17] www.cippm.org.uk, M. Kretschmer, Digital Copyright: The End of An Era [18] http://en.wikipedia.org/wiki/fair_use [19] http://fairuse.stanford.edu.copyright_and_fair_use_overview/chapter9/index.html [20] http://en.wikipedia.org/wiki/fair_use [21] Mattel Inc v. Walking Mountain Productions [22] http://en.wikipedia.org/wiki/fair_use [23] http://en.wikipedia.org/wiki/fair_use [24] Time Inc. v. Bernard Geis Associates 293 F Supp. 130 [25] Grand Upright v. Warner 780 F Supp 182 (S.D.N.Y 1991) [26] Sony Corp v. Universal City Studios , 464 U.S 417, 451 (1984) [27] as above [28] www.cippm.org.uk, M. Kretschmer, Digital Copyright: The End of An Era [29] p.268, Holyoak and Torremans, Intellectual Property Law, 3rd Edition, Butterworths, 2001 [30] p.8 www.cippm.org.uk, M. Kretschmer, Digital Copyright: The End of An Era [31] as above [32] p.10 as above [33] as above [34] as above [35] p.3, M. Kretschmer, Digital Copyright: The End of An Era

American Media Studies

McDonaldization is an expression used to describe a society which resembles fast-food joint. It is the process in which a society shows characteristics of fast-food restaurant. It is concentrates on moving away from traditional thought to rational approach with the help of scientific management (Thussu, 1998). It is based on four primary components which are efficiency, calculability, predictability and control. In terms of McDonaldization, efficiency is the essential aspect of the organization which is used to manage time.Calculability focuses on the quantity of work done by the workers of the organization. Predictability is the component which focuses on standardized and uniform services to be provided to the consumer. The last component is control which focuses on standardized and uniform workers. Hence, McDonaldization is the main ideology and philosophy of fast-food restaurants which are coming to control the American and international society. 2. How does MTV confirm but also r eject the notion of McDonaldization? MTV deals with the wishes, dreams and hopes of teenagers and has become their center of discussion.It is a culture in self having its own news, fashion and music programs which is influencing the entire generation of youth(Thussu, 1998). Although MTV has no link with consumerism, it is still linked with Mcdonaldization. It concentrates mainly on the youth of the country who are brainwashed with western concept of McDonaldization. It is considered to be a soft imperialism with the ambition of homogenizing the cultures of the world as it connects them through communications, information and entertainment. For example, MTV India promotes pop stars and singing sensations of India instead of Americans yet it maintains American presence.MTV promotes local culture integrated with the concept of McDonaldization. 3. What is Hollywood hegemony? The ideology of Hollywood to produce entertainment is the underlying motive aimed to produce something which bene fits the corporate interests. Hollywood is one of the institutions which support hegemony (Thussu, 1998). Hollywood movies can attract users from all over the world to get involved in emotional narratives which leave them to feel helpless and numb. The steady hegemony of Hollywood is considered to be a term used for the expansion of American market and becoming dominant throughout the world.Hollywood is economically, institutionally and politically powerful which allows it to use its influence worldwide without any competition. Hollywood hegemony is the growth and expansion of its influence at a global level. 4. Why are there concerns about cultural diversity? Cultural diversity includes all the cultural dissimilarities and variation which exist between people based on language, dress, traditional and custom values, organization of society, their concept of ethics and religion (Thussu, 1998).Since the entire world has productively adapted to different conditions, separate societies have surfaced on the globe. There are concerns about cultural diversity because international firms and companies are promoting consumer culture, urbanity, standardized services, products and values and exploitation of material needs and necessities (Thussu, 2009). Cultural diversity is negatively impacted by Americanization because local cultures are adopting American traditional values and customs. Consequently, the growing cultural contact is decreasing the traditional practices.New global communities are emerging out. As globalization brings prosperity to human practices, homogenization has led to mono-culturalism. Americanization has negatively influenced the local cultures. 5. What is the future of `Global English`? The Mcdonaldization, Americanization and globalization of societies, the entire world is trying to adopt one language as medium of communication. Business domain, media, magazines, electronic media, etc have strong English language influence which shows that its us e and study will persist on expanding.In the coming future, it may be possible that global English will be challenged (Thussu, 1998). For instance, several multi-language communities will become more protective of their language even at the rapid spread and development of English. Topic 2 American Media and Local Cultures American media influences can be seen in various spheres of local cultures. The spread of American media includes television, movies and music which have been the basis of Americanization in local cultures after the end of world war two.American media has generated a self-governing and independent culture which has severely influenced different cultures of the world. It has made an attempt to synchronize and integrate American customs and traditional values (Thussu, 1998). It has manipulated and influenced the youth of local cultures by showing only what it is allowed to do. The social impact of Americanization has been unconstructive and harmful as empirical studi es have found out that American content of media has lead to propagation of cultural values of the American society.It has increased drug abuse, alcohol abuse and violence against women as well promotion of unhealthy lifestyle (Thussu, 1998). Adolescent prefer to eat American junk food and soft drink rather than eating their traditional food. Medical professionals from the entire world are worried that American media can contribute to health problems in children and teenagers. Television programs such as The Simpsons, Desperate Housewives, NCIS, Ugly Betty, etc are the most popular television programs all over the world.American singers such as Pink, Miley Cyrus, etc have become popular and local singers are being ignored. Simultaneously, American products are also preferred by consumers. We see local cultures preferring Starbucks coffee and eating junk food from McDonalds, KFC, Pizza Hut, etc. I had visited Sweden last year. It was very surprising to seen American culture over ther e as I saw all the American television channels. They showed Fear Factor, Deal or no Deal, Apprentice, etc which have gained popularity in Sweden.It was surprising to see that how the Swedish have been influenced by Americans in all aspects of daily life ranging from the way they talk to the way young Swedish people talked about going to McDonalds, Pizza hut, etc. Walking in a mall, I saw L’Oreal, Victoria’s Secret, Nike, Puma, McDonald’s, etc advertising their products. IN today’s time, young generation prefer living in big cities and want to live an independent life. Both husband and wife work and prefer living alone away from their in-laws.The increasing globalization has increased the presence of American multinationals world-wide. American media is the dominant medium which has influenced all the cultures of the world. It is essential for other cultures to stop the spread of American cultural products worldwide. Young generations are copying American media willingly. It is becoming a disgrace that the youth are forgetting their national identity and are being influenced by the American media. Younger generation is becoming more active and prefers working in multinationals and is slowly changing the culture around the world.Television is considered to be important tool for obtaining social values. The acquisition of American social values has increased violence and unhealthy lifestyle among teenagers. It has also increased the process of loneliness, depression and other mental problems in youth. References: Thussu, Daya Kishan,. (1998). Electronic Empires: Global Media and Local Resistance. London: Arnold. Thussu, Daya Kishan. (2009). Why Internationalize Media Studies and How? Paper presented at the annual meeting of the International Communication Association, TBA, San Francisco, CA

Impact Of Technology On Architecture Essay

What impact has technology had on architecture of the 20th century? Throughout the nineteenth century, architecture refused to have anything to do with industry; it had been concerned solely with monumental projects glorifying the state and giant civic structures expressing the pride of its people. This however, all changed with the dawn of the twentieth century. Industrial production became an integral part of modern society and a new relationship was forged between man and machine. From the nineteen hundreds on, architecture was viewed in this new light. Modernism and the optimistic belief that architecture could change the future of society through a synthesis of science and technology was the result. It reflected a new ideal for humanity – one that linked man to a new rational culture in tune with mechanization and efficiency. Technology directly affected architecture by facilitating the creation of new materials with which to build. These new materials freed the architect from engineering limitations of the past and allowed for new rational designs based on a buildingOs function. But most importantly, these designs were given form by a new optimistic ideal – that rational design would make for a rational society. Technology transformed architecture into a tool for social and cultural reform. The industrial revolution gave three new materials to the architect of the 20th century: reinforced concrete, steel and glass. The new materials were inexpensive, mass produced and flexible to use. These affected American cities profoundly by allowing greater density through higher buildings. Imagine the typical office floor plate as we know it: open space with a few columns. You couldn’t go as high or have such long spans between columns with timber frame. Chicago is a great example of the kind of boom that occured with this kind of new building technology. One need only to look to the Carson Pirie Scott Building built by Loius H. Sullivan in 1906 to understand the effect that new materials had on architecture of that era (fig.#1). With its wide spans, large horizontal windows and non load-bearing walls, the building has a much lighter and more open feeling than that of  its predecessors. The Carson Pirie Scott buildingOs elevation is expressive of the Chicago Steel frame s tyle made possible by industry. Another example of how new materials affected architecture is the Apartments at 25 bis Rue Franklin in Paris designed by August Perret (fig. #2). He used reinforced concrete for the skeleton of this building , which is visible on its exterior, and which gives it an overall impression of lightness. This also allowed Perret to open up his floor plan in ways that were previously restructed in wood frame construction; the size of the windows was only limited by Paris bye-laws. Structure became expedient, quick to build and flexible to use. Along with Elisha OtisOs electric elevator, these materials – as a direct result of technology – gave birth to the sky scraper and changed the face of architecture forever. Major new buildings projects churches. But more fundamental was the recognition that a new free architecture was neccessary because of the emergence of new building types for which there was no provinance in the history of styles. There were a vast programme of building types – schools, collages, libraries and above all offices. Idealization of industry: > -elimination of ornament > -reduction of form to function(same as elimination of ornament, but > including function also as how space is used) > -expression of ‘essentials’ i.e. structure, skin, floorplate (see > Corb’s Domino house diagram) > -new kind of ethic in architecture-truth, honesty- to the point often of > puritanical fanaticism > -importance of light-almost as if it could cleanse (could make claim > about a purge of the post-grungy workshop industrial world of 19th > century, turning to ordered rationality of production) Lots of white > cleanable surfaces, emph on air and ventilation also. see Corb again > Villa Savoye: Raised off the ground (no dirt), white walls, open spaces, > fluid circulation(curved ramp), roof garden, ribbon wondows > -ideal of universality in architecture: modern materials coming from > industry prodused a standardization that was envisage to be applicable in > any climate and culture. Corporations naturally picked up on a universal > architectural culture (see â€Å"the International Style† by Johnson) > An > anecdote I heard from a visiting architect > who once had a beer with Mies van der Rohe. Asked Mies â€Å"What materials > would you use to build in Africa ?†Ã¢â‚¬ ¦Ã¢â‚¬ Glass and Steel†Ã¢â‚¬ ¦. â€Å"What materials > would you use for a project in Finland ?†Ã¢â‚¬ ¦Ã¢â‚¬ Glass and Steel† †¦ â€Å"But > how would you account for the diffecences in climate†Ã¢â‚¬ ¦.†Proportion† > (This is totally hilarious to architects or anyone who knows Mies well) > > Role of the car: > -look at FLWright’s Broad Acre City schemes- Utopian stuff about the role > of the car in the American landscape. His utopia of the 1930’s is > frighteningly close to what has actually happended to suburban†citie† > like Phoenix > -suburbs > -post-modern architecture emphasis of the legible image of the > architecture- simplified enogh for a building to be read at a glance from > behind the wheel of a car. See Robert Veturi’s ‘Learning From Las Vegas’ > a fun little book full of great insites that unfortunately spawned every > piece of tacky post modern architecture ever made. See Michael Graves > Portland Building for a dumb box with decoration aimed at communicating > mere image to the post modern eye dulled by the assault of T.V. and used > to the speed of a car Social engineers Yet, underlying all the vitality in all the continents was a theme that reflects the need to find something fundamental in architecture, something so real that from it a new style could be rationally developed. Buildings designed with a view to asthetic appeal.

When Children Are Young They Often Want To Run Away From

When children are young they often want to run away from their parents. It might be because they do not like their rules or it be because they are being treated unfairly. In 1776, this is how the people of the thirteen colonies felt under British rule. King George the Third neglected the natural rights of the colonists. These rights include life, liberty, and the pursuit of happiness. It was because of this abuse that Thomas Jefferson wrote â€Å"The Declaration of Independence.† Inside the document, Jefferson listed many instances of abuse that lead to this formal declaration. The most significant instances include, cutting off trade with other countries, heavy taxing, and trial without jury. In the United States of America, we are taught†¦show more content†¦Ã¢â‚¬Å"WE hold these Truths to be self-evident that all Men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happi ness.† (Cardozo, pp.80-85) This quote was mainly influenced by the Treatise of government from John Locke that declares that all men should be treated equally and should not be deprived of their rights to life, property and liberty. The quote mainly touches on the natural rights that were given by God and those that the government does not have the authority to take from the citizens. The declaration of independence has long been a sigh of pride for Americans; it is the single most important part of American history because of the influence it has had through history. The tyranny of King George III was what made it necessary for the thirteen English colonies of American to come together, declare their independence and sever their ties to Great Britain. King George the Third also took away many opportunities from American trading. He cut off trading with other countries other than his own. He blockaded the east coasts and forced the colonists to trade with the British. This cam e about due to the over taxed and underrepresented people of America needed a strong, unwavering statement to showing the colonists resolve to be free from English rule. Vastly known as being written by Tomas Jefferson. As known based on â€Å"The AmericanShow MoreRelated Single Mothers in America Essays1059 Words   |  5 PagesIn today’s society it is not unusual to have a one-parent family with a young mother in charge. Teen mothers having children has increased so much over the years that it’s now a common occurance. Being a young single mother in today’s society is challenging but with the help of government assistance single mothers are finding their way. The government provides help for single mothers through a variety of welfare programs. Welfare programs provide benefits to single mothers with low income - incomeRead MoreSports Are Good For Children1654 Words   |  7 PagesAs a parent of young children, I am faced with the problem of extracurricular activities and what ones are best for my child. At what age is the best time to put them in? Which sports with help them develop the most? Once they start with if they decide they do not like it do I force them to keep going? As a parent, we are always looking to do the best for our children but, are there times when we are pushing them to hard and not helping them in the way we feel we should be? Organized sports areRead MoreLiterary Love Essay968 Words   |  4 Pagesman. A feeling and emotion so strong that it makes it nearly impossible to put its meaning into words. However, it is also one of the most explored subjects in the world of literature. Whether in a comedy or a tra gedy, the theme of love is very often expressed. This theme can be expressed in many different ways, for example, positively causing everyone to live happily ever after in a fairytale type of world, negatively being the cause of death and anywhere in between. In Aristophanes LysistrataRead MoreHow Children Are Raised And The Environment1453 Words   |  6 Pages How children are raised and the environment they are in from the time they are born until they are on their own plays a huge part in how their personality is shaped and what their morals are. One thing that affects personality and morals is the religion that they associate themselves with, or what they believe in; many times the rituals that go along with their beliefs has a large effect on the children, usually more so than the belief itself. The second thing that plays a part in the shaping ofRead MoreChild Exploitation During The Victorian Era1583 Words   |  7 Pages(Dutta 1). It can be deduced because of Dickens’s formative years, one much like Oliver’s from Oliver Twist, Dickens felt the need to criticize the conditions of his time period (Diniejko). The novel is well known for being about an orphaned child who starts his life in an orphanage workhouse, gets involved in a gang along with criminal activity, and is finally adopted into a middle class family. Ch ildren throughout the novel experience abandonment, abuse, and criminal activity, which are majorRead MoreThe Effects Of Parents And Family Communication On Teenage Sexual Activities1130 Words   |  5 Pagesthat come together to teach their child or children right and wrong in life. Parents play a big role in their children lifestyle and honestly it can affect the child’s future. As the child matures into a teenager they develop physically and mentally changes. One big fact a teenager faces is sex. Sex can be a very beautiful thing if taught correctly, but can also be very terrifying, especially if you do not know consequences about it. Parents often run away from the sex talk or just figure if the childRead MoreSnow White Role Models Essay1271 Words   |  6 Pagesperson looked to by others as an example to be imitated. Snow White and the Seven Dwarfs is a movie about a young girl whose stepmother, the queen, fears Snow White will be more beautiful than she is. The Queen tries to get rid of Snow White by having her killed. When this fails the queen goes after Snow White herself. Many people view Disney princesses as good role models for young children. Disney princesses are not good role models. Disney princesses make it seem like it is okay to disobey yourRead MoreLanding the Helicopter of Hovering Moms Essay1401 Words   |  6 Pagesprotecting their children from lifes hardships and preparing them for adulthood. However as with many other aspects of parenting, the results do not always match the intentions. Overprotective parents generally want to protect their children from harm, hurt, pain, failure, unhappiness, bad experiences, rejection, and disappointment (Lindsey 1). However, parents must realize that overprotective parenting has certain side effects. Parents believe that they are doing a favor for their children by keepingRead MoreAnalysis Of The Movie Stranger Things 1094 Words   |  5 Pagesstrangely affected by a series of people gon e missing. Will Byers is the first, that is shown to go missing. His friends Dustin, Mike and Lucas are set out to find their best friend. While out searching for Will, they stumble upon a young mysterious androgynous child running from something. Later on in the show we will find out that this person is biologically a girl and will name herself Eleven. Eleven is a character that the viewer can easily dissect her gender conflicts throughout the entirety of theRead MoreEssay on The Influence of Violence in Sports1553 Words   |  7 Pageshave great influence in our culture. Because sports news and sports figures are constantly in the news, sports reflect our values. We are living in a society that is filled with violence. Many adults choose to solve their problems in violent ways. When the stress of life becomes too much, or events at work or home are not going their way, they turn to violence to help them feel better. We hear the stories all the time on the news: the unhappy postal worker who lashes out at co-workers with a gun;

Edgar Allan Poe s Life Filled With Sorrow And Pain

Thesis: Edgar Allan Poe led a life filled with sorrow and pain. His works tend to reflect his lifestyle by incorporating darker elements in the usage of his characters. Edgar Allan Poe was born January 19, 1809 to two actors, David Poe Jr. and Elizabeth Arnold Hopkins Poe. He was born in Boston. Before he was three years old, his father abandoned him, his brother (William Poe), and his sister (Rosalie Poe). Shortly after this, his mother died, leaving the three children orphaned. Poe moved to Boston where he was cared for by John and Frances Allan, although never actually adopted him. John Allan moved his family to Britain in 1815 where Poe attended grammar (elementary) school in Irvine Scotland. He then attended boarding school until†¦show more content†¦Poe ,truly, had a very inspired and original form of writing. His works tended to be on the darker side, but they appealed to people’s human nature. The new style provoked curiosity and sparked intrigue in many poets of the day. Alduos Huxley however equated Poe’s works to â€Å"wearing a diamond ring on every finger† declaring his works were too romantic and stating there is not much meaning behind the words. (Wiki)The disproportionate, gory details of many of Poe’s writings compelled many readers to question his mental health and the nature of his writings. Poe once even said himself, â€Å"I became insane, with long intervals of horrible sanity.†(Poe) However unethical and unscrupulous his life may have seemed, he did greatly influence modern literature and expanded the bounds of what we now consider poetry. Poe’s artistic vision is largely responsible for the wide variety of literature we enjoy today. Some of his most famous works include the poems: â€Å"The Raven†, which tells the story of lost love by a raven sitting on his mantle, â€Å"Ulalume†, which focuses on the death of a loved one, and his creepy, blood-chilling stories â€Å"The Fall of the House of Usher† and â€Å"The Tell-Tale Heart.† Some of his most used plots in stories were the eerie subjects of revenge, torture, murder, the plague, being buriedShow MoreRelatedInfluences And Life Of A Tortured Soul1994 Words   |  8 PagesInfluences and Life of a Tortured Soul â€Å"Although dissolute in his personal life, when Poe touched pen to paper, he became a disciplined craftsman.† (Carnes 300). Edgar Allan Poe cemented his place in American literature by publishing countless poems and short stories, including â€Å"The Raven† and â€Å"Masque of the Red Death.† Poe effectively invented the detective fiction genre and perfected the horror story. His style, visionary as it was, was not with its influences. A life filled with tragedy, disappointmentRead MoreEdgar Allan Poe s The Raven2149 Words   |  9 PagesEdgar Allan Poe is considered one of the greatest literary writers, but he was highly under-appreciated during his time, Poe was constantly looked down upon and suffered a bad reputation due to rumors created by authors who disliked him. Poe was seen as arrogant, mad, and a melancholy man who had no friends and spent his time drinking and using drugs. Poe s success came when The Raven was published in 1845, â€Å"†¦th ough it made Poe popular in his day, it did not bring him significant financial successRead MoreEdgar Allan Poe: His Life and The Raven4939 Words   |  20 PagesEdgar Allan Poe: His Life and The Raven Edgar Allan Poe is considered to be the father of the short story by many. Over the course of his life, he wrote hundreds of short stories and poems. His writing style is unique and influenced by the tragedies that occurred over the course of his life. In fact, he is most well known for writing morbid stories and gruesome, dismal poems. Indeed his writing habits were heavily influenced by his life. His life was full of depression, angst, and woe. Read MoreEssay on The Life of Edgar Allan Poe4875 Words   |  20 PagesThe Life of Edgar Allan Poe Edgar Allan Poe is considered to be the father of the short story by many. Over the course of his life, he wrote hundreds of short stories and poems. His writing style is unique and influenced by the tragedies that occurred over the course of his life. In fact, he is most well known for writing morbid stories and gruesome, dismal poems. Indeed his writing habits were heavily influenced by his life. His life was full of depression, angst, and woe. Many of theRead MoreEdgar Allan Poe Literary Analysis1489 Words   |  6 PagesIsaac Ellington Docter English III 3 November 2017 The Dark Literature of Edgar Allen Poe Poe often used depressed tones and imagery to create a dark kind of feeling to his work. The death of Edgar Allen Poe’s young wife put a bitter resentment in the writer. He felt like he was cursed and that the heavens stole his joy and claimed that the angel envied their happiness. Poe was accused of rumors and scandals his whole life, afflicted with depression, pinned down by phobias and horrific fantasiesRead MoreThe Raven And Ulalume By Edgar Allan Poe3442 Words   |  14 Pagesand Repetition Discussed in Edgar Allan Poe’s The Raven and Ulalume Were I called on to define the term ‘Art,’ Poe once wrote, I should call it ‘the reproduction of what the Senses perceive in Nature through the veil of the Soul.’ The intense grief that is felt after losing a loved one can often result in despair and irrationality, but in some of Poe’s poetry it has resulted in the severe mental collapse of the narrator. In The Raven and Ulalume by Edgar Allan Poe, the adverse effects followingRead MoreDepression Research Paper1790 Words   |  8 Pages18th century brought forth the German Sturm und Drang movement, which took place in literature and music as a reaction to the Enlightenment. Johann Wolfgang von Goethe is considered to be the figure head of Sturm und Drang, famed for his novel The Sorrows of Young Werther, which was widely read across Europe. It was perhaps too seriously received by young romantics, as it caused a string of suicides modelled after Werther’s technique – blowing his brains out with a gun. Sturm und Drang was the forefatherRead MorePoems with Theme with Life and Death and Their Analysis8446 Words   |  34 PagesEI WAI KHAING AN ANALYSIS OF THEMES ON LIFE AND DEATH OF SOME POEMS Abstract: Some basic elements of poem and types of poem are included in this paper. Although there are countless number of poems on Life and Death, only the ones which seem noteworthy are studied and analysed in terms of themes. Different opinions of different poets on life and death found in their poems are also presented and contrasted in this paper. This paper

Jean Piaget s Theories Of Cognitive Development - 1360 Words

Jean Piaget was a Swiss psychologist. He worked in the fields of Developmental Psychology and Epistemology. He’s known for his works and theories in the field of child development. His theories of cognitive development and epistemological views are called, â€Å"genetic epistemology†. Piaget placed the education of children as most important. His works and theories still play a huge role and influence the study of child psychology today. Jean Piaget was born on August 9, 1896 in Neuchatel, Switzerland. He was the oldest child in his family. His mother, Rebecca Jackson, was the one who inspired his interests in psychological sciences. Jean Piaget’s father, Arthur, was dedicated to his son’s studies. When Piaget was 10 years old, his†¦show more content†¦Jean Piaget was a professor of psychology, sociology, and the philosophy of science at the University of Neuchatel. He was a professor from 1925 to 1929. Jean Piaget’s researches in the fie lds of developmental psychology and genetic epistemology all had one unique objective: how does knowledge progress and grow? Jean Piaget was determined to find the answer to this question and didn’t stop until he did. When he finally found the answer to this crucial question he shared it with the psychological world. Jean Piaget’s answer was, â€Å"the growth of knowledge is a progressive construction of logically embedded structures superseding one another by a process of inclusion of lower less powerful logical means into higher and more powerful ones up to adulthood.† He investigated the hidden side of children s minds. He argued that infants were engaging in an act of assimilation when they sucked on everything in their reach. He believed the process of thinking and the intellectual development could be regarded as an extension of the biological process of the evolutionary adaption of a species. Piaget soon created the theory of cognitive development. Cogni tive development is a study in the fields of neuroscience and psychology. It focuses on a child development. Mainly, the development of a child’s information processing, conceptual resources,Show MoreRelatedJean Piaget s Theory Of Cognitive Development1607 Words   |  7 PagesShaquille Ross Professor Morris Piaget Theory Jean Piaget s theory of cognitive development gives a broader way of explaining the way of how the process of thinking is developed, based off of different age groups. He became interested in how organisms adapt and conform to its environment. He believe that it was labelled as intelligence. He observed these behaviors by controlling them through schema or schemes. In other words, Piaget organized experiments that are based off of intellectualRead MoreJean Piaget s Theory On Cognitive Development1045 Words   |  5 Pageshave shaped our understandings of the human mind and our behaviors. Jean Piaget was by no means an exception. Piaget was a clinical psychologist known for his pioneering work in child development. He was the first psychologist to make a systematic study of cognitive development. Over the course of his later career in child psychology, he identified four stages of mental development that took into account young people s development from basic object identification t o highly abstract thought. This paperRead MoreJean Piaget s Theory Of Cognitive Development1553 Words   |  7 PagesJean Piaget is considered to be very influential in the field of developmental psychology. Piaget had many influences in his life which ultimately led him to create the Theory of Cognitive Development. His theory has multiple stages and components. The research done in the early 1900’s is still used today in many schools and homes. People from various cultures use his theory when it comes to child development. Although there are criticisms and alternatives to his theory, it is still largelyRead MoreJean Piaget s Theory Of Cognitive Development1071 Words   |  5 PagesIn this essay I want to analyse Jean Piaget’s (1936) stage theory of cognitive development and Erik Erikson’s (1959) theory on stage development. Piaget’s theory focuses on cognitive development where Erikson’s applies a more psychosocial lens. I will be analysin g the key concepts of each theory and comparing them to see the similarities and differences in the theorists thinking. Piaget’s theory is made up of four stages. The first stage was the sensitometer stage. This occurs from birth to twoRead MoreJean Piaget s Theory Of Cognitive Development877 Words   |  4 PagesJean Piaget is one of many theorists to have proposed ideas about development. However he was the first to make a methodical study of cognitive development. In his theory Piaget describes four main stages of psychological development which he believes children move through. His theory suggests that each stage helps to construct the next; leading cognitive abilities to become more advanced as we grow older. When taking into consideration discontinuity and continuity; Piaget’s cognitive stages leansRead MoreJean Piaget s Theory Of Cognitive Development1641 Words   |  7 PagesJean Piaget (1936), was a developmental psychologist from Switzerland. He was known to be one of the first psychologists to study cognitive development. His contributions include an in depth theory of cognitive child development. His studies include many detailed child observations and a series of simple but ingenious tests to reveal a child cognitive abilities. Before Piaget’s theory of development many psychologists believed that children were just less competent thinkers then adults. Piaget arguesRead MoreJean Piaget s Theory Of Cognitive And Affective Development1693 Words   |  7 PagesMethodology and Cognitive Theory of Jean Piaget The Methodology and Cognitive Theory of Jean Piaget Timothy Carlton Southwest Tennessee Community College A Paper Presented In Partial Fulfillment Of The Requirements For Life Span Psychology 2130-L01 July 31, 2014 â€Æ' â€Æ' Abstract Jean Piaget’s theory of Cognitive and Affective Development is a result of an interdisciplinary approach to understanding mental processes and the behaviors presented by those processes. Piaget’s theory encompasses developmentRead MoreJean Piaget s Theory Of Cognitive Development895 Words   |  4 Pageshave contributed to the study of Psychology. One of these great contributors is Jean Piaget, a Swiss psychologist. He is mostly known for his theory of cognitive development. Jean Piaget used his own life as well of the lives of his own children to develop this theory. He believed that the thought process between children and adults were different and thus that began the process of Cognitive Development. Jean Piaget is a Swiss psychologist who was born on August 9, 1986. He is one of the mostRead MoreJean Piaget s Theory Of Cognitive Development943 Words   |  4 PagesJean Piaget’s theories of cognitive development broke new ground in the field of Psychology leading to the extension of further research into the area of developmental psychology. In this essay I seek to examine these theories whilst considering their current relevance to modern psychology and society. A major part of Piaget’s theory focuses around the idea of schemas; a set of linked mental representations used to make sense of the world. According to Piaget (1952), we are born with a small setRead MoreJean Piaget s Theory Of Cognitive Development Essay2015 Words   |  9 Pages Jean Piaget’s Theory of Cognitive Development Penny Clark Austin Peay State University Jean Piaget’s Theory of Cognitive Development Introduction There have been many people that have made huge contributions to the school of psychology. Perhaps one of the most influential theorists was Jean Piaget. Piaget was a philosopher, biologist, educationalist, and psychologists. He decided to study the many ways in which children develop knowledge. He made many contributions to his theories

Reflective Account of the Learning Process

Question: Write about theReflective Account of the Learning Process. Answer: Introduction The learning experience that I have gained in this course and throughout the program has been extremely beneficial for me and this experience will help me grow in my career. The learning process has been based on self learning and this aspect of learning will ensure that I can continue with my learning (Lifelong learning) even after the completion of my course. I was definitely helped with the learning process but this module has focussed mainly on self learning. I have done a literature review and this has been done based on self learning. I had to research for articles and then analyse those articles. This has been helpful in understanding the depth of the subject. While critiquing the articles I could understand the depth of the subject. Opinion on the Learning experience I had focussed on social media in business promotions and this is definitely one of the topics which is of relevance in the current business scenario. There has been a paradigm shift in the current promotional mix and the traditional media is being gradually replaced by the social media. I could understand how the social media can actually target customers much more effectively and efficiently and the penetration of the social media is much more than that of traditional media. Further, I could also understand that though Social media is much hyped about still there is the need for traditional media. Value of the Experience While doing these assignments I could learn how to search for relevant materials and further i learnt how to streamline the search. Initially I was overwhelmed with the amount of data that i had collected for the assignments but I needed to reduce the volume so as to ensure that I can work with relevant information. I learnt how to scrutinise data so as to ensure that I work with only that much information which is required for my specific task. Further these assignments also sharpened my analytical skills as I had to analyse the literature that I had collected and not describe it. I had to look for gaps that were there in the literature and thus my analytical skills have been sharpened. Observation from the Research After, the literature review I have also done the proposal for the business research. Research is at the core of any business and in this competitive business environment any business which fails to innovate loses out in the competition. Further, for ensuring that the business can adapt according to the changing customer needs business research is essential. In this course I have conducted the business research in order to understand the effectiveness of the use of social media for business promotions. The literature that I have reviewed earlier has provided me with the gaps which I could further investigate through my research Importance of theLearning The research has provided me the skills that would be beneficial for me in the future. I have understood how to identify a business problem and then how to investigate the same. Further, I have understood how to conduct a qualitative and quantitative research. Sampling is an essential part of the research process and I have understood how to effectively select a sample size in order to ensure that the research results can be valid and reliable. I have also been capable of learning SPSS which will help me in conducting statistical analysis. The research generates data but this data would mean nothing if it is not analysed properly and for this I have learnt how to use SPSS so as to provide meaningful and statistical interpretation to the data that has been collected. Further, I have also learnt the use of Nvivo which helps in coding qualitative data and therefore provide meaningful interpretation to the same. The learning from this course and program has been extremely beneficial for me for my future endeavours. I plan to get into a managerial position in my career and the knowledge that I have gained from here would definitely be applicable in my career. I would be capable of understanding the business problem and then investigate the same so as to solve the business problem. The research project that has been conducted by me would add to my experiences in my bio-data and this would definitely provide me with the edge in the competitive job market. Business Research and Learning Curve I would also like to illustrate the course and the program has also been effective for my life in general. This course has helped me in learning by myself and this will be beneficial throughout my life. Lifelong learning is essential and I have learnt how to focus on self learning. I have also learnt about time management and teamwork. These are essential qualities that would help me throughout my life and these would also help me in my career. I have also learnt a lot about different cultures as we had a cross-cultural group and this has helped me in understanding the various cultures and how cultural differences can be important to be considered while communicating. This will help me in my career as the modern day business has a global context and therefore I would be capable of working with cross cultural and virtual teams. Conclusion I have also understood that procrastination is a serious problem and this is one area which this course has taught me. This is an area which I have worked upon and ensured that I do not keep things for the last moment and this is an area which would help me in my career and also in my life in general. The course and the program has been extremely beneficial for me and the learning that I have got from this course would definitely enhance my career and my life. I am extremely thankful to the University for providing me with a rich learning experience and this experience would enhance the overall quality of my life and my career.