The “fair use” exceptions hit the balance between the creators and users of materials related to uncertain conditions of a copyrighted work usage. The absence of permission from an author or copyright holder encourages the user of the creative work to hide such commercial exploitation without paying the usage charge or to slander/libel an author of the work. The doctrine of the fair use emphasizes the importance of four determinants of fair use, but in fact, the numerous cases dedicated to copyright violation attest to the slippery disregard of fair conditions of usage.
Legal practice is full of abuse of “fair use” exceptions in various areas of human activity. In scholarship, the citation of another author is accompanied by fair use of his/her particular scholar work, maintained the creative and unique idea that may be interpreted by other words and plagiarized. As the matter of fact, the soft border is formed between infringements and fair use in parodies. The “fair use” exceptions appear, as the enticement for free exploitation of another’s ideas to obtain own benefits and meet own goals.
If pharmaceutical companies express a will to patent and exploit plant-derived substances, the supervision faced with the legal and ethical issues of this case. The legal issues may include violation of copyright law and ownership, piracy, plagiarism, etc. The ethical issues are the violation of professional ethics, ethical behavior, information privacy, and social responsibility.
Concerning these issues, a company might provide compensation in the form of the shared benefits from exploitation, application for common copyright, promotion of fair usage of the particular material with appropriate provision of an author’s name, truthful explanation of own initiatives, and further adduction of screenshots from original source.
Additional donations in favor of a primer author or copyright holder would be a fair charge for exploitation of the creative work.
For many managers, a good procurement cycle is that which adequately addresses the need for an organization planning requirements. The cycle must express the criteria of tender distribution while giving considerate and fair quotations for goods and services procured. Correspondingly, the good managerial practice should evaluate the terms of offers granted, such as issuing legal negotiation terms in the awarding of contracts (Thai, 2001). Nevertheless, the primary concern in the management of contracts is the underlying legal and ethical motives. Hence, the paper will discuss the relevancy of contractual performance, and what measures the procuring firms should assume in avoiding litigations.
Procurement contracts as a keystone to many business dealings are regarded as a risk assessment tools. However, numerous accounts have expressed concerns about the overlooked fraudulent misconducts businesses are exposed to particularly in the current times. According to the Fraud Act of 2006, procurement fraud examines three types of fraud clauses. First, involves the false representation, where an individual pledging himself proceeds to make misleading statements done deliberately. Second, is a fraud committed through the abuse of position, in which an individual act inconsistent with the financial interest of another party in the contract. Lastly, the fraud committed through failure to disclose information, which one is under a duty to disclose.
The U.S. law capacitates the Uniform Commercial Code body to arbitrate in procurement incongruities. The body has its policies cut across many states and, therefore, suitable for regulating interstates purchase and sales of goods and services. From e-activity, critical issues regarding ethical and legal performances of contracting parties are detailed. Mentioned is also, the capacity of the UCC in deciding on private and federal contracts (Monczka, Handfield, Giuniperon & Patterson, 2015).
Contract laws in procurement aids with the appropriation of supplies and services hired to organizations. The lawful purpose is the main elements necessitated within the contract to avoid risking the mutual benefits parties harvest by contracting. On the other hand, litigations are costly and time-consuming. Therefore, to prevent redress, the procuring firm should exhibit good contract management practice. The methods may encompass contract mobilization where the contract is awarded to its efficacious provider. Similarly, ensure efficient governance of the contracts, adequacy of resources and comprehensive keeping of records, while managing disputes.
References:
Monczka, R., Handfield, R., Giunipero, L., & Patterson, J. (2015). Purchasing and Supply Chain Management. Boston; Cengage Learning.
Thai, K. V. (2001). Public procurement re-examined. Journal of Public Procurement, Vol. 1 (1), pp. 9-50.
