A Shared Theme between Two Works

A Shared Theme between Two Works Introduction The presence of shared themes in masterpieces of different authors is not an intended practice pushed by lack of originality but an inevitable coincidence usually fuelled by the many common things that people share or manifest in their day-to-day interactions.Advertising We will write a custom essay sample on A Shared Theme between Two Works specifically for you for only $16.05 $11/page Learn More Playwrights and filmmakers from all over the world focus much on issues, whether good or bad, which seem dominant in some people, gender, country or the world at large addressing them in their works with the sole purpose of promoting or prohibiting them. On many occasions, fanatics of literature have identified several similar themes highlighted by different dramatists though from different perspectives. For instance, the issues of racism, AIDS, and social conflicts to quote a few appear everywhere and therefore, the playwrights from the corresponding places might seek to highlight the same issues coincidentally hence featuring shared themes in their works. However, regardless of the authors, the themes present crucial messages in the novels with the emphasis of the particular message brought to light when readers encounter the same lesson in another work. Susan Glaspell and Flannery O’Connor provide the best illustration of the subject in their respective narratives ‘Trifles’ and ‘Everything that Rises Must Converge’. The two novels feature a shared theme of restoring of the lost ethics of the past like dignity and a discrimination-free society. In fact, O’Connor points out that people need to replace the new vices with the best virtues employed in the past. As the paper unfolds, the theme plays a vital role across the two novels since the authors successfully point out the conflicts that arise because of people’s failure to recognize the dignity of others and finally depicts the af flicted people assertively participating in the process of demanding their due rights, which they recover at last. Restoring the Lost Ethics The restoration the lost ethics does not come automatically but rather calls for people’s involvement. O’Connor and Glaspell strategically allocate different roles to their different characters in their endeavor to present the theme of restoring the lost ethics as vivid as it stands. However, the process of recovery does not seem friendly. It costs a good deal of sacrifice ranging from the sacrifice of money, relationship, time not sparing the sacrifice of self. Further, just as pride precedes a fall, a problem too must come before a solution and hence the reason behind the evident conflicts, ranging from social to racial. The title of O’Connor’s chef-d’oeuvre ‘Everything that Rises Must Converge’ might seem contracting provided the readers fail to understand the underlying implication.Advertising Looking for essay on comparative literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More It speaks in favor of the theme. The account presents episodes of racial conflicts between two women of differing skin colors: black and white. The only mentioned woman, Mrs. Chestny has a grown up boy Julian. Chestny imagines of the lost racial balance between the blacks and the whites. Based on how the author presents her, the reader might interpret her as both racist and non-racist. Firstly, the narrator presents her as strictly against racism that has significantly risen among people and one who works towards ensuring that people view each other as of one race hence the convergence of the risen racism, as pointed out by the author. In the process of developing the theme, O’Connor points out that people in need of such a convergence must participate towards realizing it. Chestny, an epitome of such people, cannot recognize the dif ference between her and the black child whom she offers a penny, as she always does with other children regardless of their race. The theme, as expressed within the context of this woman in the narrative is important because it emphasizes on the need to curb practices like racism that foster conflicts rather than peace, love and harmony. Such an exposition stands out in Glaspell’s novel. Just as O’Connor addresses the need of the contemporary divided society to live together as it was in the old times, Glaspell too drives home the point of men and women living together with each viewing the other as equally important. The author addresses the conflicts that arose when men began to view their women as ‘trifles’ or rather insignificant. The only difference between the two novels is the change of parameters from black and white, as in O’Connor’s work, to male and female in Glaspell’s narrative. In the latter novel, the author seeks to rec over the lost dignity and relationship between the male and the female. Mr. Wright and Mrs. Wright provide the best illustration of the claim. Firstly, the reader needs to realize that the name Wright is a crafted name implying that men are always right and women therefore need to adhere to their men’s opinions and not the reverse since they (women) are insignificant. However, Mrs. Wright does not manifest her feeling of dissatisfaction based on her lowered dignity though the final episodes indicate clearly that she is. While Mr. Wright heads the whole family, he allocates the kitchen only as the place for his wife, a share whose insignificance shows how much Wright values his wife. Back to the theme under study, Glaspell seeks to see this practice substituted with the right one. However, as O’Connor points out through Mrs. Chestny, it calls for one’s participation to realize the change he/she wants, the reason as to why Mrs. Wright dares to murder her husband t o pave way for men who will treat women as equal to them. Upon taking Mrs. Wright in custody of the murder of her husband, the Attorney declares the case as unimportant and one involving ‘kitchen things’ since Mrs. Wright is a woman and hence unimportant.Advertising We will write a custom essay sample on A Shared Theme between Two Works specifically for you for only $16.05 $11/page Learn More The reader, through the theme of recovering the lost ethics, as highlighted across the novels realizes that there is a cost, which people have to pay prior to the realization of their past dreams. The evident wrestling between Julian’s mother and the black woman in O’Connor’s novel shows how people must suffer oppositions from others who are not for the realization of the dream. For instance, the black woman, the mother to Carver seems opposed to the views of Julian’s mother, the white woman. The reader, from the second perspect ive interprets her as one who promotes racial prejudices rather than helping curb them. When Julian’s mother mentions words like ‘blacks’ and ‘whites’, she passes for a racist especially when she offers the penny to Carver in her endeavor to uphold the blacks. As a result, the white woman has to take the risk of fighting her as a way of teaching a lesson to the rest who might probably possess such racial biasness. It does not matter to her whether she will win or lose in the fight but sets her eyes fixed on seeing the risen racism converge and the recovery of the lost racism-free world. Julian too never intervenes despite the fact that the black woman attacks his mother. He has to sacrifice her in the process of establishing a racism-free generation. In addressing the cost that the women have t o pay in order to recover their lost recognition from their men, Glaspell finalizes her play by depicting the women and in particular Mrs. Wright, ‘knot ting it’ implying how she has murdered her husband. They do it courageously disregarding the possible repercussions they can encounter from their men as a result. They have decided to take the risk provided they will have their dignity restored. It too does not matter whether the process will cost them money, relationships or marriages. According to them, the end justifies the means, the reason as to why Mrs. Wright has to let go of her husband. Through the theme, the two playwrights seek to promote the awareness that women play some vital roles concerning the realization of some vital dreams. The two novels position the women characters in the front line in the fight against racial and gender discrimination. In O’Connor’s masterwork, the reader assumes that the bus that Julian and his mother use has other men as well apart from Julian, though the author does not clarify. However, when the black woman with a child enters, only to encounter Julian’s mother , the racist, the author presents a fight between the two women without featuring any man’s intervention. As she reveals, the fight marks the end of the white woman’s life, which symbolizes the end of racism.Advertising Looking for essay on comparative literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More Therefore, since the realization of a racism-free world is possible through women’s intervention, then women have the capability of arresting most of the vices that interfere with the smooth running of the society. Further, Glaspell successfully addresses the same issue. The author presents a society that allocates no value to women. According to the men, the women can do nothing other than the petty kitchen chores. However, upon the death of Mr. Wright, the men waste much time searching for the evidence concerning the death as well as the solution of the case. In fact, the entire play after the death concentrates on the search for the solution of the case, which the men never find. On the other hand, when the Mrs. Peters together with Mrs. Hale handle the same case, they within no time table the necessary evidence thereby solving the issue. Therefore, through the theme, men ought not to despise their women. They ought not to view them as unimportant and unable based on the v irtue of their womanhood. As the authors reveal, women end up coming up with the solutions of the most difficult challenges. They further occupy the frontline in bringing back the lost vital virtues of the past like respect, gender and racial equality among others. Conclusion Therefore, as per the expositions, the issue of featuring shared themes in different literary works plays a vital role in emphasizing some intended messages. O’Connor and Glaspell present the common theme of restoring the lost ethics in their respective plays ‘Everything that Rises Must Converge’ and ‘Trifles’. Through the theme, the readers realize that they have to contribute towards the restoration process, which is accompanied by a corresponding cost they need to pay in return. As the theme unfolds, it will cost one’s time, money, marriage and even self. Moreover, the authors together promote the awareness of the crucial roles that women play in the process of recover ing some lost vital morals like dignity, gender and social equality.

Awareness Helps in the Early Diagnosis of Bronchitis essays

Awareness Helps in the Early Diagnosis of Bronchitis essays Awareness Helps In Early Diagnosis of Bronchitis Bronchitis is the inflammation of the bronchi. The bronchi are the small openings in the bronchial that become swollen making the opening to the lungs smaller. Since the bronchi tree has a smaller opening, less air enters the lungs making it difficult to breath. It may develop suddenly, following a head cold, or it may persist or return regularly for many years, causing progressive degeneration of the bronchi and lungs. Certain people are more susceptible than others; men are more of a target to bronchitis than women, the reasons are unclear for this statistic. Considering the importance of breathing, you should be aware of the causes, the symptoms and the treatment of this condition to help you with early diagnosis of the problem. First, becoming familiar with the causes of bronchitis may help you to avoid the problem at all. The causes of bronchitis are from viral or bacterial infections, which spread to the chest. A sinus flare-up that turns into a severe sinus infection will easily spread to the chest causing bronchitis. A common cold, not treated, will eventually spread to the chest also causing a case of bronchitis. Of course, catching your cold and sinus problems early will help to prevent the spread of the infection, but seeking the aid of a physician will help more. Second, after realizing the causes of this condition, you should become familiar with the symptoms. In acute bronchitis, the basic symptoms are a head cold, fever and chills, running nose, aching muscles and possibly back pains. At first, you will think you have a little cold until the fever and chills and runny nose starts. You will begin to notice all the achy muscles in your body that comes along with most fevers. The cough is dry and racking and eventually becomes phlegmy. The persistent cough is worse at night than during the day. Also, smoke and fumes you breath in will cause persist ...

Health care marketing Essay Example | Topics and Well Written Essays - 1000 words

Health care marketing - Essay Example In addition to that, consumers’ needs, their preferences, and behaviors toward breast cancer need to be observed and studied in detail in order develop such programs of treatment for breast cancer that would appeal to the consumers the most in terms of cost, convenience, and quality of service. In a vast majority of cases, patients tend to seek medical help only when the cancer has developed to a dangerous extent. Very few patients target the disease in its very initial stages because of lack of awareness of the gravity of the issue. This imparts the need to not only conduct a lot of research to gain information from the consumers related to the aforementioned aspects, but also develop programs directed at creating awareness among them about the pains, diagnosis, treatment, and prevention of breast cancer. Target Market The target market of breast cancer is women in a vast majority of cases, though some men particularly with a condition called as gynecomastia in which the brea st enlarges are also vulnerable to breast cancer. Participants in the movements related to breast cancer as well as the target audience of the advertisers of products and services related to breast cancer have typically been white middle-aged women that are well-educated and belong to the middle class (King, 2006, p. 110-111). Although it is a deadly disease, yet at least 2.5 million patients of breast cancer have survived the disease in the US as a result of early detection methods and cutting-edge treatments that have been made available to the patients today (phillymag.com, 2012). For the marketing of products and services about breast cancer, unique marketing strategies have been used. Some marketing has blurred the distinction between events and advertisements e.g. guerrilla marketing and flash mobs. Campaigns of advertisement run on the social media websites like Facebook have motivated the target audiences to make use of double entendres and sexual innuendo in the status upda tes so that the readers can be reminded of breast cancer. In the year 2009, women were asked in the campaign to post their brassieres’ color whereas in the year 2010, women are asked to post the location of their purses in the campaign as a result of which, some women posted such statements as â€Å"I like it on the floor† (Kingston, 2010). Such campaigns have acquired a lot of criticism for trying to sexualize the disease. Market Segmentation Since the middle-aged women are the most vulnerable to breast cancer while the population of men with breast cancer is very small, the target consumers of the services of the Women’s Clinic would primarily be women, though the clinic would also render the services for men who suffer from breast cancer. In fact, there is a lot of need to educate people in general and men in particular about the risk factors that increase their vulnerability to breast cancer because the disease is normally associated with women alone. People do not even know about gynecomastia, while knowing about breast cancer in men is a step next to that. In fact, creating awareness among the masses about the risk factors and the need to take medical help in time is one of the factors that provides Women’s Clinic with a competitive advantage. Understanding the fact

The management of change in Hampton Roads Sanitation District Essay

The management of change in Hampton Roads Sanitation District - Essay Example Organization Development (OD) is one of the chief concepts that relates to the organizational change management. It can come under definition as â€Å"Organization development is a system-wide application of behavioral science knowledge to the planned development and reinforcement of organizational strategies, structures, and processes for improving an organization's effectiveness† (Boonstra, 2004). In other words, enterprises implement the process of organization development through proper and careful planning in order to improve and benefit their business processes, functions, employees and other stakeholders (Cummings & Worley, 2008). The process of improvement through organization development can be for either the entire organization and its processes or a smaller portion of the enterprise. This process starts from collecting the information and identification of the problems/concerns in order to create an understanding about the existing state of affairs of the organization. An appropriate solution, strategy, or guiding principle comes under establishment based on the recognized opportunities for change (McLean, 2005). The organizations focus and give emphasis to productivity, profitability, and quality of work since the company’s accomplishments and success lies behind these factors. Due to this reason, organizations are now investing maximally on their employees, as this has become an escalating trend in the contemporary business environment. (Jones  & Brazzel &  NTL Institute for Applied Behavioral Science, 2006). Likewise, the attitudes of the employees have also changed as they work to get a feeling of accomplishment and recognition. In the same way, the customers are also demanding quality products or services, fast delivery, competitive prices and other attributes compatible to innovation and complex environment that add the worth of the product. With all these aspects of organization, employees, and the customers, the importance of organization development or an organization has augmented, as the efficient organization wants to meet the current and future challenges in order to s urvive and sustain (Kondalkar, 2009). Several organizations have already experienced and still in the process of undergoing the organization development and change process. Amongst numerous enterprises, Hampton Roads Sanitation District (HRSD) is one of the organizations that have undergone the process of organization development. Company Background Hampton Roads Sanitation District (HRSD) is an organization with more than 650 employees at the wastewater utility with a huge customer base where the billing system is direct to the customers without involving any third party. HRSD is a regionally based organization in Virginia that supplies to several cities, counties and military facilities in the region of southeast of Virginia. Moreover, HRSD supplies the facility to an area that comes under the population of more than 1.5 million natives. The utility operates on a system with various major and few smaller treatment plants where it treats and transports

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Idea Expression Dichotomy UK

Idea Expression Dichotomy UK Copyright law goes beyond protecting just a verbatim copy and delves on a scheme of arrangement. Therefore copyright law acknowledges not only the form in which the author expressed the ideas but also the content of the ideas to a certain extent. In essence, since copyright law goes beyond the consideration of verbatim copies the usage of any element of the work could constitute a copyright infringement. This gives rise to the problem of demarcating a line between the unprotected idea protected expression since copyright infringement could exist for taking the substance without copying the form. Ideas are human conceptions that have been represented. They are not abstract conceptions that exist independent of a thought process  [3]  . The process of thinking of an idea involves giving it expression. Therefore, ideas are human conceptions and cannot exist independently of a way of conceptualizing i.e. essentially the expression. In essence there are no expressionless ideas. There fore the idea expression dichotomy lives upto its name of being the central axiom of copyright law in determining what is copyrightable. The limitation that has been imposed by law on copyrightable materials is copyrightability of ideas. Therefore this limits the elements which can be copyrightable but yet does not provide a workable solution for the dichotomy. The perimeters of the encroachment inevitably vary because the interpretation of the idea-expression dichotomy in the legal order at any given time is essentially a reflection of shifting political choices in a particular jurisdiction and era about what should be able to be privately owned and what should be kept in the public domain  [4]   Though the content behind something can be similar the means and ways of expressing it are completely different as are the modes of receiving the expression. As an illustration, Shakespeares way of characterizing a scene and any other authors way of depicting a scene would be clearly different even though the subject matter of characterization would be different. Therefore by virtue of this paper the researcher seeks to analyze the idea expression dichotomy as well as provide for a justification and a working critique to the same. The courts have never been clear to differentiate the concept of unprotected ideas from protected expressions and hence forth would go into the aspect as well. An excurses into the history of the origin of this difference will be constructed and thence an analysis of Indian Law on the subject. History Origin of the Doctrine The history of Copyright though began with the invention of the Gutenberg printing press and the passing of the Statute of Anne in 1710. The Statute of Anne was bought into play for the encouragement of learning, by vesting the copies of printed books in the authors. Therefore, it can be said that first attempt at passing a copyright legislation recognized the fact that there would protection of only expressions that have been put forth in the books of the authors. But this legislation cannot be squarely called a copyright legislation. The courts show a more interesting history that can be discerned through two different eras of judicial pronouncements. The history of copyright law has occurred in the jurisdictions of the United Kingdom and United States, where the legal principles were settled. India, in recognizing the need for a separate copyright law has agreed on the basic principles  [5]  which have been embodied in the United States, United Kingdom Laws and the International Agreements on copyright  [6]  . The idea-expression dichotomy as it stands envisages the freedom of the existence of ideas in the public domain as it involves dissemination of knowledge and therefore the encouragement of learning. This assertion has been seen to have been existing from the times of ancient Rome where Seneca had stated that ideas are common property and therefore cannot be protected  [7]  . In the case of Millar v. Taylor  [8]  wherein Judge Yates gave the dissenting opinion, stated clearly that the protection that was guaranteed under copyright laws was to print a set of intellectual ideas or modes of thinking or set of works. Therefore by not referring to a fixated material form the inevitable conclusion that forms is the fact that the dichotomy existed but as an abstraction. Another factor that is important to be seen is that there was the absence of patent law and therefore there would be no overlapping of rights of novelty or idea in such a case. This distinction that was created in a d issenting opinion was further diluted by the case of Emerson v. Davies  [9]  wherein it was stated precisely that there would be copyright in a plan, arrangement and combination of materials for an author and in his mode of illustrating his subject if it is novel. Therefore, the added criteria of novelty and the usage of words of arrangement and combination clearly dilutes the gap between idea and expression further. In the case of Lawrence v. Dana  [10]  the court said that the author of a book has as much right in the plan, arrangement and combination as he has in his thoughts sentiments and reflections. In this regard it is stated that there came a point in the history of copyright law wherein the dichotomy had been diluted and ideas were treated at par with expressions. The jurisprudence with regard to copyright law was set straight with the decisions of Burros-Giles Lithograph Company v. Sarony  [11]  and the origin of the doctrine was marked in the cases of Baker v. Selden  [12]  and Holmes v. Hurst  [13]  . In the cases mentioned above it was seen that the court clearly drew a distinction by making two categories for works i.e. un-protected art in protected work and protected work  [14]  . Therefore I can be said that though the court did not clearly differentiate between ideas and expressions, there is a clear distinction that can be discerned through the usage of the words unprotected art in a protected work which gives shape to the demarcation of the Dichotomy. This doctrine was given definite form and used in cases  [15]  after Holmes v. Hurst  [16]  where it was said that The right thus secured by the copyright act is not a right to the use of certain words, because they are the common property of the human race, and are as little susceptible of private appropriation as air or sunlight; nor is the right to ideas alone, since in the absence of means of communicating them they are of value to no one but the author The copyright dichotomy has spread across many jurisdictions, forming the fundamental axiom of copyright law in determining the copyrightability of a certain subject matter. Furthermore, it has served as an adjustment to accommodate Patent Law as well. There has since the origin of the theory been a debate over the justifiability of the doctrine. Justification for Copyright Theory The primary purpose of copyright law is to maintain the balance between provision of incentives to promote creative works on one hand and public interest on the other. The best possible manifestation of this statement is present in the United States Constitutions copyright clause which states à ¢Ã¢â€š ¬Ã‚ ¦.promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries  [17]   Therefore, in essence, copyright law is aimed at promotion of creativity and dissemination of creative works so that the public can benefit from it  [18]  . To reach this goal the authors are given incentives to create by virtue rights such as the right to profit and control their work. But it must be kept in mind that right of one against another essentially involves the abstinence from a certain right for another. Therefore, the provision of exclusive rights over one work would constitute a barrier to any others from using the same in his/her work  [19]  . This would lead to the achieving of a self defeating purpose. It is conventional to suggest that literary imagination is not s volcano of pure imagination  [20]  . In this regard if the purpose of copyright law was to give the author of an expression, exclusive rights over the idea as well the balance of copyright law would tip over to private rights rather than public interest. In the case of Eichel v. Marcon  [21]   the New York circuit court set forth this proposition very artistically and said If an author, by originating a new arrangement and form of expression of certain ideas or conceptions, could withdraw these ideas or conceptions could withdraw these ideas or conceptions from the stock of materials to be used by other authors, each copyright would narrow the field thought open for development and exploitation, and science poetry, narrative and dramatic action as well as other branches of literature would be hindered by copyright instead of being promoted. Another factor which strongly provides for a justification is that though copyright law provides for incentives for creation, it undermines competition which usually marks the efficiency of the market. By virtue of making even ideas copyrightable, there would be an increase in the cost of provision subsequently simply due to the fact that the subsequent author would seek to offset the cost of the license to the public. The idea expression dichotomy in copyright law finds its justification in the Utilitarian school of thought. The utilitarian school of thought has justified the existence of copyright law so as to induce innovation and intellectual productivity. The utilitarian thought, with their strong belief in, the greater good of the greater number, advocate the conferment of rights in order to strike a balance between the economic interests of right-holders and the greater interest of the public  [22]  . It has been set forth that utilitarian theorists argue that limited monopolies spur innovation, and in order to foster innovation the system must recognize exclusive rights in intellectual creationsrights which are limited in duration and scope  [23]  . The Idea/expression dichotomy seeks to provide for such a balance. By limiting the scope of giving rights to the expressions only, copyright law seeks to provide for the greater good which is the dissemination of ideas. By keeping ideas in the public domain and thereby giving public access on one hand to copyrighting expressions to provide incentive the goal of copyright law which is to promote creativity is achieved. In essence the Idea expression dichotomy imposes a limitation upon copyright law for the greater good  [24]  . In a situation where the ideas were also copyrightable the public access to such would be difficult leading to derogation of arts sciences and literature. Another factor that seeks to provide justification for this dichotomy is the Lockean labour theory. The theory has been used in many instances without regard to the proviso contained therein. The Lockean labor theory in brevity states that the laborer is entitled to the products of her labour, provided that there is enough, and as good, left in common for others  [25]  . This essentially again seeks to suggest a limitation of the exclusive right that is conferred by copyright. Moreover, it is asserted that there is reference to leaving ideas in the public domain by suggesting that enough as good is left in common. Therefore, the statement in short seeks to provide a justification to provide protection for applying labour to the abstraction (idea) which exists in public domain to give it a definitive form whereas exempting the idea (abstraction) itself. Therefore, copyright theory clearly provides for the distinct treatment of ideas from expressions in terms for what is to be copyrighted. This differential treatment therefore transforms into a distinction between copyrightable works and non-copyrightable works. Theoretically speaking copyright does elicit a dichotomy but the said dichotomy has been said to be troubled in light of the absence of any line demarcating an idea from an expression The problems shrouding the dichotomy : Criticisms It is set forth at the very outset that if the law of copyright does not or cannot effectively separate ideas from expressions, then it cannot be persuasively argued that ideas are not controlled by the law of copyright and thereby removed from free circulation in the public sphere  [26]  . The history of copyright law has viewed ideas and expressions as two different categories and has therefore made a line to distinguish the same. There have been many problems that arose in the past century with regards this distinction and its theory but this distinction has been retained. A district court in New York in the case of Steinburg v. Columbia Pictures Indus  [27]  explained the retention of this imprecise doctrine to be a result of no other better alternative. Ideas are human conceptions that have been represented. They are not abstract conceptions that exist independently waiting to be thought. The process of thinking of an idea involves giving it expression. Therefore, ideas are human conceptions and cannot exist independently of a way of conceptualizing i.e. essentially the expression. An idea is the substance of a writing whereas the expression is the form. The substance shapes the form and the form shapes the substance. Hence both cannot exist independently and have a complementary relationship. In essence what is implied is that there are no expressionless ideas. Therefore ideas never exist independently of an expression since the only way to conceptualize an idea is an expression. Though law creates a fictionary line between ideas and expression but in essence there can be no unexpressionless ideas  [28]  . Law in essences views ideas as abstractions or generalities and therefore distinct from expressions which are fixed in a me dium  [29]  . Though there have been many judicial pronouncements upon the existence of the dichotomy, but yet none of the courts have coherently put forth the definition and scope of idea or expression or the demarcating line between the two  [30]  . The dichotomy has been signified in many cases as ideas behind expressions  [31]   or underlying ideas  [32]  , but have neither gone onto clearly distinguishing the difference nor provided conceptual clarity with respect to the terms. Furthermore, the variety of terminologies that have been used seeks to provide a lack of clarity in this field. At the outset the creation of this demarcation involves a number of implications. Firstly, it has been asserted that upon scrutiny of a certain work there can be a number of ideas that are ascertained at different levels  [33]  . Therefore in the absence of any coherent definition and scope of idea or expression there would essentially be an imposition of a courts own value judgments  [34]  in answering the question of what is a idea or expression. Indian Courts have also seen the imposition of such a value judgment, specifically in the case of NRI Film Production Associates v. Twentieth Century Fox Anr  [35]  wherein it was alleged that the Hollywood production Independence Day was a copy of the film Extra-Terrestrial Mission. The court it was seen pronounced upon the point on infringement and while doing so imposed its own value judgments around the movie and came to the conclusion that there was no uniqueness regarding the same. Though it was seen in the case that the counsel for the applicants had vehemently agitated upon various novel conceptualizations but the court nevertheless found a distinction in the manner in which the script had been posed. Secondly the problem that is posed is that copyright recognizes infringement not only when there is a verbatim copy of the concept at hand but also when there is copy of the scheme of arrangement  [36]  . In this regard it is asserted that a writings idea has a great bearing upon the scheme of arrangement and other similarly placed matters. But, the judicial fiction of the Idea/expression dichotomy essentially groups the scheme and arrangement within the domain of an expression and consequently creating a conflict in the paradigm of the dichotomy. The courts essentially by virtue of this distinction have created two categories under ideas i.e. to say ideas that are un-protectable due to being abstractions and ideas that are protectable due to having a direct relation with the expression of the idea. Therefore it is concluded that there are inherent problems with the working of this dichotomy which is complex and intricate. The courts in their judgments have failed to define the abstractions (Ideas) and thereby differentiate ideas from expressions with the needed clarity so as to provide for a coherent judicial fiction. The Dichotomy in the Indian Copyright Act 1957 The Indian Copyright act has been established after the realization of the need of a new copyright law to replace the existing copyright law enacted by the British. It was felt that the Copyright Act of 1911 which was bought into application into the Indian Jurisdiction with adaptation as the Indian Copyright Act of 1914  [37]  . Since there was a fundamental difference in this constitutional situation post independence the legislature decided to bring about the Indian Copyright Act, 1957  [38]  . The principles regarding copyright law were settled when bringing a law regarding the same as the legislative intention embodied in the Statement of Objects and Reasons clearly states the reliance upon the Berne Convention and the Universal Copyright Convention  [39]  . Furthermore, by reference to à ¢Ã¢â€š ¬Ã‚ ¦.in light of the experience gained in the past forty years over the working of the act  [40]  it can be concluded that there is acceptance of the basic principles o f copyright law. The Indian Copyright Act does not contain any specific reference to the Idea/Expression Dichotomy but yet there is an implied recognition of the right. Section 13 sets forth the works in which copyright subsists and enumerates the following a) Literary, dramatic, musical and artistic work b) cinematograph films sound recordings. In this regard, to obtain clarity it will be expedient to look into the definition of all these types of works which have been provided under the Copyright Act as the subject matter of copyright. Artistic work has been defined under Section 2 (c) of the Indian Copyright Act  [41]  . In this regard if it is seen the nature of the section which is an inclusive and indicative definition shows central characteristics of being fixated and being concrete expressions of an artists creative edge. Furthermore, though the definition of Literary work provided in Section 2 (0) of the act eludes a specific form  [42]  , reference can be made to the definition of Literary Work as under the Berne Convention on Copyright  [43]  , which clearly requires literary work and all allied works under the definition to be in form of an expression. Furthermore, the definition of dramatic and musical work which have been provided for under sections 2(h)  [44]  and 2 (p)  [45]  provide for the external manifestation of the idea by way of fixating it in a medium as well as through the requirement of being an arrangement or scheme which is capable of being discerned. Therefore in this regard it is asserted that the definition of the different types of works which are the subject matter of copyright under Indian Law clearly through the nature of the definition show that expressions are the only mode that is copyrightable and not ideas. This assertion can be justified with two points, firstly, the fact that the common characteristic running through all the types of works running above is that of a concrete fixated work. Secondly, all the illustrations mentioned in the definition clause clearly show another underlying scheme which is that there needs to be an arrangement of ideas and scheme of arrangement in the works that have been enumerated as the subject matter of copyright. Furthermore, the courts in India have identified the existence of the dichotomy and therefore not granted copyright to ideas  [46]  . There have been a plethora of authorities in this regard, but the settled position of law expressed by the Supreme Court has been in the case of R.G.Anand v. Delux Films  [47]  , the court clearly held that no copyright subsists in ideas, subject matter, themes, plots, legendary facts and only the original expression of such thought or information in some concrete form is protected  [48]  . This is because law does not recognize property rights in abstract ideas and does not accord the author or proprietor the protection of his ideas  [49]  . While pronouncing the judgment the Apex Court looked at various decision from U.S. and U.K like the case of Donoghue v. Allied Newspapers  [50]   This at any rate is clear, and one can start with this beyond all question that there is no copyright in an idea, or in ideas. If the idea, however brilliant and however clever it may be, is nothing more than an idea, and is not put into any form of words, or any form of expression such as a picture or a play, then there is no such thing as copyright at all. It is not until it is (If I may put it in that way) reduced into writing, or into some tangible form, that you get any right to copyright at all, and the copyright exists in the particular form of language in which, or, in the case of a picture, in the particular form of the picture by which, the information or the idea is conveyed to those who are intended to read it or look at it. The Supreme Court concluded by setting forth the law underlying copyright act by stating that the dichotomy did in fact exist. The court opined that an idea, principle, theme, or subject matter or historical or legendary facts being common property cannot be the subject matter of copyright of a particular person  [51]  . Therefore since the idea or the theme behind a work is not copyrightable, where the theme is the same but is presented and treated differently so that the subsequent work becomes a completely new work, no question of violation of copyright arises. Conclusion The Idea-Expression Dichotomy that exists as a fundamental principle of copyright law essentially seeks to protect the expressions and not the Ideas behind the expressions. The case for securing protection to the expressions as opposed to the ideas remains entrenched deeply in the theory of copyright law. The doctrine got definitive form in the case of Baker v. Selden  [52]  and thereafter was affirmed in later judgment of Holmes v. Hurst  [53]  . Notwithstanding the justifications for the dichotomy, there has been much debate about the efficacy of the doctrine. Since the aim of copyright law is to encourage learning by giving incentive, by copyrighting ideas the whole aim of giving incentives stands nullified. The authors novel thoughts can be taken and adapted by subsequent authors of works. But on the other hand the dichotomy serves a dual purpose i.e. to say it helps in distinguishing copyright law from patent law which essentially protects novelties and on the other hand serves public interest by allowing dissemination of ideas into the public domain. This doctrine has been adapted into Indian Law, though not expressly through the statutory provisions. The doctrine has been derived indirectly from the provisions of the act since it forms the basic principles underlying Copyright Law. The courts in a number of cases have reiterated this dichotomy and clearly said that expressions in the form of arrangement, schemes of arrangement etc are copyrightable.

The Pitfalls of Commercialization: Uncontrolled Fabrication of Cultures

The Pitfalls of Commercialization: Uncontrolled Fabrication of Cultures? Most societies go through the process of Sociocultural Evolution as they aggrandize and develop. Sociocultural evolution is constituted by the doctrines of cultural and social evolution, deciphering how cultures and societies have transformed over time. It refers to the process by which structural reorganization is affected through time, eventually producing a form or structure which is qualitatively different from the ancestral form. The perpetual adaptation to environmental changes enables societies to improve their way of living by gaining efficiency (through technological innovations) and creativity. This analysis will discuss Ritzer’s (1983) The McDonaldization of Society and Instant Karma: The Commercialization of Asian Indian Culture (Sandhu 2004) – which talks about two distinctive cultural societies that are lost beyond the shuffle of commercialization. Sociologist George Ritzer (1983) expands the perspicacity of The McDonaldization of Society in which he elucidates that McDonaldization occurs when a culture possesses the idiosyncrasies of a fast-food restaurant. Ritzer (1983) argues that the model of rationalization in contemporary America is no longer a bureaucracy, but rather a fast-food restaurant as a more archetypal paradigm. The author discusses the magnitudes of rationalization that the changing societies pose (efficiency, predictability, calculability, and control over uncertainty) and the irrationality of rationality. Ritzer (1983) emphasizes the four primary constituents of McDonaldization (efficiency, calculability, predictability, and control). The first component, efficiency, suggests the optimal capacity of the method for accompl... ...tance of such practice and tradition. The biggest concern is the issue behind the ethnic identity confusion from the aftermath of this craze. For the young adults, such cultural practice and tradition are what constitute a huge part of their identity. For those who are just along for the ride, this is just a mere fashion statement, a fad—something temporary. The transition from foreign to fashionable removed Asian Indians from their own culture, customs, and traditions (Sandhu 2004). Assuredly, such obstacles in changing societies are bound to happen. As we adapt to our environment and culture, we learn ways that can help with innovation and development of societies. Gaining a real perspective and having a control over the situations is going to help eliminate the formation of irrationality of rationality, and establish a solid foundation for ethnic identities.

Does Technology Make a Difference? Essay

In Port Jackson, the first British colony of New South Wales arrived. When the colony arrived in January 1788, they came across Aboriginal people who were known to fish around Port Jackson. As of today, there is said to be over 580 species that live in the waters around Port Jackson. The Aboriginal people had been fishing in these areas long enough to make fish a part of their diet. When the British brought their colony to Port Jackson, they learned to also make fish part of their diet. Aboriginal people used the resources around them to make equipment and transportation to fish. They made spears for people who would fish from the shore, and made small canoes and fishhooks out of shells for those who wanted the challenge of catching bigger fish. When the British saw how these people would catch their food, they brought over fishhooks made of metal, nets and boats that were much larger than the canoes. Introducing new and better technology in an environment is never easy. This article discusses the important issues to understand, the good and the bad of technology. Introducing a new technology to an older method made the business of fishing boom, which was good for both sides. With the British bringing in their methods helped bring more fish for the people to eat, with the addition of what the Aboriginals would bring in at the end of the day. Also having the new technology, there was a broader variety of new fish that couldn’t be caught with the old methods. It also helped the Aboriginals convert to using the methods that the British used after seeing how much more fish they could catch in a day. But like everything new to people, it caused the Aboriginals kind of give up on their methods all the way, just to keep up with the British. After a while the Aboriginals would start working on the British boats to earn a percentage of the fish they would all catch each day. The British would also trade some of the fish they had caught for equipment from the Aboriginals. And after a couple years of mass fishing, both parties would fall into the issue of overfishing and pollution from commercial fisheries. As a whole, I thought this whole article was interesting to me, but there was a few things that stuck out more than others. It is mind blowing to hear that just alone, Port Jackson has over 580 species. I always knew that there is quite a few different species of fish, but to think that there is over 580 at Port Jackson and then think about how we can’t swim to the bottom of the ocean to discover what lives only down there makes you wonder if any of the legends we’ve heard as children could be true. There could be all sorts of ancestors of fish or other living things deep down there; they may have lived through ancient history. The other interesting thing I read was about all the fish bones. I know that when things die they leave behind bones, but to think about fish bones lasting that long is crazy. When we cook fish and eat them, you see their bones and how small and fragile they are, and to think that some fish bones can last for thousands of years it’s amazin g. Even though I thought this article was very interesting, there were a few things that were a little difficult for me while reading. I really enjoy learning about the ways of archaeologists and anthropologists, but when I read articles like this I have a hard time following what the author is saying because of all of the weird, scientific names they give to fish, animals or even people. I know that it is just how things are named in the science world, I’m just not familiar with all the terms yet, and so I get confused sometimes. Also I get stumped non-stop about how they found out so much information about a certain thing when we didn’t live back then. I think it is amazing how they find so much information from something so small, like a fish bone, but at the same time its mind boggling because its not like bones, rocks, trees, or other things that they study come with instructions. And I think these things are the reason I am so fascinated with this line of work. For archaeology, this is a very important article to explain that what they do is very important. Archaeology to me is a very important part of our lives. If it wasn’t from them, I wouldn’t have been able to learn things about our past from this article. We learn so much about our pasts and that helps us with our future because of the studies that archaeologists do, like in the article. It’s because of them that we are able to know that the Aboriginal people have to convert to a new method of technology because of the British. It also helps us understand what the living was like at Port Jackson during that time period, which also helps understand what type of plants and animals and fish lived during that time. Which has an end result to help explain the transformation how the fish we know about today are different in some way from the past fish, but know that today’s fish came from the past. It’s the same thing with humans, they study and do tests o f human remains from thousands and thousands of years to get a better understand of where we came from, and what we used to look like or how we came to the features that we have today. In conclusion, this article has given me a lot of new information that helps me understand our pasts a little better. At the same time, it also helps you open your eyes a little more because in today’s world, we have technology change all the time and we are just all so use to it that we don’t really see how much it really changes us or even how it effects us all. Back in the 1780’s I understand and realize how scary change can be for people or colonies. It would be pretty scary for a colony to move to a place you’ve lived and bring these new methods that help and hurt your lifestyle at the same time. And today we don’t usually have those feelings or worries because we are so use to change that we act like it’s nothing. It is also amazing how we are able to look at artifacts or bones from the past, like fish and we know what type of fish they are and long ago they had died. Reading articles like this just is amazing to me because you always wonder how we got to where we are today, or where did we actually come from and why do we have similar features from a bunch of different mammals.

The Sweet Hereafter Essays

The Sweet Hereafter Essays The Sweet Hereafter Essay The Sweet Hereafter Essay The Sweet Hereafter – Essay Outline Losing a loved one is hard for any and every one, and coping with the loss is a big mission. In the Sweet Hereafter- a novel by Russell Banks- after a terrible bus crash occurs, resulting in the death of 14 children, many of the town’s people isolate themselves due to their loss and grief. Through the many different narrators, the author of this book shows how grief affects different people in different ways. One of the people affected by this tragic accident, Billy Ansel (also one of the narrators), copes with the loss by becoming an alcoholic.He doesn’t take anyone’s sympathy and stays in his home. Tragedy is inevitable; it affects all human beings at one point or another. Russell Banks illustrates this universal truth brilliantly in The Sweet Hereafter. Bank’s characters, Billy Ansel, Nicole Burnell and Dolores Driscoll all face tragedy, and all gain insight into themselves. However, not all characters react to tragedy consistently. To some this is beneficial, although to others this is the greatest tragedy of all.Billy Ansel deals with tragedy consistently throughout the entirety of the novel. However, his consistent coping methods leave him hopeless and alone. Ansel experiences death and terror at the age of nineteen while fighting in Vietnam. He believes that because terrible things had happened to him while at war, it was impossible for terrible things to happen to him now. Unfortunately, Billy is quite mistaken, as he loses his wife, Lydia to cancer, and then eventually his children to a tragic bus accident.

Education is a RIght essays

Education is a RIght essays An education is a basic human need. It is a need by which human existence of striving and developing depends on. I Reneika Knowles believe that an education is not a privilege but it is a fundamental right. Madam Chairman, Honorable judges, ladies and gentlemen good evening. The word Education is simply a process of learning. A right is a term used to show that we are entitled to something. If combined the equation would be = Education + Right = A right to an education. When put into effect it will help man to communicate better with himself, the world and society. (1 minute) As a child growing up, my parents have taught me the basis of an education. From being taught my first word right down to learning how to read and write. As well as being taught discipline, manners, respect, patience and how to conduct myself. These are the ingredients that made me a well-rounded and open-minded individual. Therefore I firmly believe that education is a right that has begun within the home. And in the home the bible is the book that the lord granted us, as the most vital educational tool for our spiritual development. How are we supposed to therefore read this human element, in order to understand the world and Gods purpose for us.................. if we are stripped of the right to an education? This spiritual education is a God given right and will not be taken away by any man. (35 sec) Education was recognized as a basic human right 50 years ago in the United Nations Declaration of Human rights. 10 years ago the world community promised primary education for all by the turn of the century and to halve adult literacy, 5 years ago the promised slipped by 15 years, to 2015. A country where no one is educated. This would lead to chaos, no inventors, no pioneers and no leaders. And this would cause a vicious cycle of igno ...

Equal Opportunities versus Managing Diversity Essay

Equal Opportunities versus Managing Diversity - Essay Example In the rapidly growing world, when legal aspects of such facets in organizations are highly managed, it becomes even more important to ensure that diversity and equal opportunity are maintained. The paper is aimed at discussing of two elements in which equal opportunity and managing diversity are evaluated, and a comparison is given as to what is more important and why. The theme of the paper is to evaluate two elements against each other and build a case as to what is and what should be more important for organizations. Equal Opportunity Equal opportunity relates to fair treatment of groups of employees in order to ensure that there is no discrimination. Various categories or groups of employees against which discrimination can be implied include gender, race, ethnicity, class, age, disability, previous offenses and arrests and even sexual orientation. This discrimination may be direct or it may be indirect as well. To illustrate, discrimination against race in the direct sense woul d be when one set of people are treated unfavorably against others. Indirect discrimination would be when a particular group of people is treated unequally by promoting equal rights to all other groups of people, for example bans on different types of clothing for a particular group of people. ... ote that concerns for equal opportunity are at all stages of employment, from hiring to transfers to training and from promotions, benefits, perks, procedural actions, like grievance handling and disciplinary actions, as well as dismissal. In each scenario, it is important that discrimination is avoided within the organization as it affects productivity and efficiency within the organization (Braham et al., 1981). It is worth noting that there are various areas in which discrimination is a regular feature. For example, studies indicate that on an average, a woman earns relatively less in terms of salary and benefits in comparison to a man. This is primarily because of segregation in choosing a woman for a job, stating that there are various other benefits assigned to a female like maternity leaves, etc (Smith, 1979; Vickers, 1991). In addition, women are considered mainly for temporary or part-time jobs while high end jobs are discriminated against and preference is given to the male counterpart (Gilory, 1993). Several researchers indicate typical conditions for women that are considered to be unskilled labor, services, little overtime, more vacation days and days-off, part-time work etc. This is generally considered as to how women work in organizations. Typically, other discriminatory factors are aimed at race and ethnicity, for example people from the thirdworld countries are typically blue-collar workers, are less skilled and can be given less payment to work more hours (Sloan &Siebert, 1980). Various researchers have conducted studies where it has been revealed that racial and ethnic minorities are discriminated against, where unemployment, particularly long-term, is high, because they are considered as less skilled or qualified and, as a result, this

How does mobile device impact hospitality industary Essay

How does mobile device impact hospitality industary - Essay Example Mobile devices such as smartphones (the word cellular phone is no longer applicable with what it can do), computer tablets, wi-fi connectivity, etch that even digital cameras now are becoming mobile communication devices. In a report by Mobilize Worldwide, the leading developer of mobile applications for promotions in the web and electronic platform, that includes interactive websites, and similar marketing channels, there were 211 million subscribers of mobile device in the US alone as of May 2011 and this figure is continually rising. It also added that of these figures, 82% of adult Americans has a cellphone, 31% of which are classified as smartphone. The company’s research also revealed that 25% of Americans rely on their mobile devices with regard to their access to the internet than the traditional computer. Almost all at 95% of all mobile device users are also capable of sending and receiving multimedia messaging service or MMS and/or short messaging service or SMS or s imply text messages. This is worth noting because most of those who receive data from mobile devices read the messages within three minutes upon receipt at 90% percent of the time. It also revealed that 79% of smartphone users do online shopping and 74% of these purchases were a result of smartphone online research. More interestingly, the study was supported by the Pew Research that more than half of mobile pohone users use their mobile devices to find information about local hotels (Kasavana, nd). II. The hospitality industry The hospitality industry is composed of cluster of of industries comprising of accommodations, restaurants, entertainment, recreation and amusement sectors (Bit Wave Solutions, nd). The hospitality industry is a thriving multi-billion industry dependent on its customer’s free time, disposable income and willingness to engage in leisure. Example of sectors in the hospitality industry are hotels, restaurants, themed park and amusement centers involving a gamut of operations that animate the whole industry to serve the guests that would avail of their service. The rising prosperity in the new markets enabled the hospitality industry to expand its operation across the globe with the people’s rising disposable income offering them different service and amusement depending on their preference. Along with the expansion of the operation of the hospitality industry is the improvement of its infrastructure to better serve its customer and to remain relevant in a very competitive business environment. One of the fastest aspect of development in the hospitality industry’s infrastructure is the information technology that enables the use of mobile devices to increase customer engagement with the end of enhancing customer experience. The services that mobile devices enable includes â€Å"website configurations, fluent marketing campaigns, location-based activities, digital couponing, and point-of-sale settlement. Currently, the fastest growing segment of m-commerce service is mobile payments featuring cashless and cardless payment platforms â€Å" (Kamanava, nd). The increased use of information technology in the hospitality industry that facilitated these services has resulted in creased expectation of visitors and personalized service especially to those who are returning customers. This became possible because hospitality indu