A Reflective Clinical Assignment Nursing Essay

A Reflective Clinical Assignment Nursing Essay The students questioning the practice of controlling infections in the community arise due to the infections seeming to be a less significant part in the policy formation. It is common in some hospitals for only patients in admission are thought to have MRSA are the only ones who will undergo screening. This is in the work of Simone, et al. (2005). This shows that the hospitals main concentration is on patients they see as threats to spreading the infections. I think the tests should be done for all patients in the hospital and the people who visit the hospitals as a compulsory mechanism to detect the infection early. Dobzhansky (1973, p.67) states that, Nothing in biology makes sense except in the light of evolution. Thus, they should get funds to conduct research on various infections. There are similar approaches done for other infections like the H1N1 flue. There was a case of H1N1 in 2009, in America that gave them a scare because they were not in preparation for the disease. This is in the work of Fridskin (2005). This shows that they were not ready with the right policies to eliminate the infection. The topic is indeed a continuation of the various explorations of infections in the country. This is because there are various articles and journals providing extensive information on various approaches on treating infections. Section 2 The literature does relate to the main topic of infection in a direct way by providing a method to deal with the health care infections. For example, this Antiseptic technique ensures that individuals live in an environment free of microscopic pathogens. The department of Health states that, à ¢Ã¢â€š ¬Ã‚ ¦healthcare professionals must apply rigorously and consistently the measures known to be effective in reducing the risk of healthcare-associated infection (HCAI) and that clinical team must demonstrate high standards of aseptic technique. The antiseptic method is made up of two methods that include surgical aseptic and aseptic non-touch technique. The two methods allow control of infection in hospitals as well as outside the hospital. There is the aspect of reducing infection by using comprehensive methods. This means that not only the hospitals should be aware of the dangers of infections but also the public at large. I think, it is possible that, patients who undergo surgery to get noscomical MRSA. This is in support of Fridiskin (2005). Thus, the diseases that cause the infection do not always originate from the hospitals but the general public is prone to the diseases as much as hospital patients. In conducting my study, it was evident that the literature does indeed consider the aspect of getting a better understanding of infection. My study does provide grounds for the statistical data in numbers those with infections. There is also the aspect of the literature emphasizing the inclusion of new agents in the process of research. This is as a result of adapting to the current change state of viruses and the discovery of more elusive viruses. There are many cases where Gram-positive species have become increasingly resistant to previously effective medicines. This is in the work of Murugan and Peter (2004). The topic understands that in turn to be able to be critical in reflecting one has to understand first that there are new methods available. According to me the literatures are in agreement with infections taking over the community and hospitals at large. This is as the following aspects of the literature speak the type of infections. This is in identifying the infection of it is MRSA (Methicillin-resistant S. aureui) or Pseudomonas aeruginosa. This helps in better treatment of the infection, unlike if the knowledge on the infection was absent. There is also the aspect of understanding the gravity of the infections. That is that the statistics show that 30% of the population fall victims to the MRSA infections when they are carriers without knowing. Simone, et al. (2005, p.65) state that, During the 1950s hospital strains of S. aureus showed increasing resistance to penicillin. This showing that treatment of infections has to gain improvement by introducing new drugs and treatment methods. This could be made possible by the researchers reflecting on how the infection is able to mutate and flourish in the community. There is also the facet of having the knowledge on how to treat infections. The literature also acknowledges that not all schools of thought are on the same page. The methods that I may decide to use may be in support of one group and controversial to the other. This is in the work of Simone, et al. (2005). In this case, one school proposes that MRSA eradication should be done in terms of colonization while the other says that colonization is not an effective method. This is an essential aspect of the programs suitable to reduce the prevalence of infection. Thus, both the school of thoughts should be put into consideration, and the course of action should weigh which school they support or integration of both. In my process of removing infections in the community and hospitals, there are challenges. These are in terms of the circumstances as the literature suggests. The environment where the infection originates dictates how the methods in use will be effective. For example, if screening is at the hospital the infection will gain identification. The opinion on the literature in provision is that it tackles the main aspects of the infections providing new methods and remedies. It includes all the individuals from who are prone to infections, which is essential in the study. This is in support of Ruddy (2001). This ensures that the wealth of information is vast and highly useful in combating the diseases. There are statistical data that help in better understanding of the infections coverage. The literature covers MRSA in a broad manner from what it is to viable treatments. Thus, the literature is a valuable backbone for further research on infection and adapting better therapeutic methods. There is research done on the aseptic methods of treating infections, and it finds that, Hart (2007, p.65) states, The importance of adopting an ANTT by all healthcare workers for all patients should be emphasized. This is as a result of studies that show that aseptic non-touch techniques are viable this is because they include the househol ds. Section 3 The literature shows that the community and hospital are on the way to adopting change. Simone, et al. (2005, p.85) states that, à ¢Ã¢â€š ¬Ã‚ ¦only patients admitted from hospital wards where MRSA is known to be present are screened for MRSA prior to transfer. Hence the investigators were keen to study patients transferred from settings other than this. The medical system has come to the realization that other individuals outside the hospital are indeed carriers of infections. Various authors are making it known that the mutation of infections is detrimental. That the hospital needs to, set funds aside to aid, in researching on remedies to combat infections. Fedtke (2004, p.24) states that, à ¢Ã¢â€š ¬Ã‚ ¦the bacterium bolsters its defenses against antibacterial attack. The bacteria do evolve at a much faster rate faster than humans do. Thus, there should be constructive research progressing in order to even the odds. The techniques in use, in the literature, also encourage individuals to adapt to the new therapies and technique. For example, the Newer Treatment Options for Skin and Soft Tissue Infections. These changes can gain realization by the hospital and community. In the case of the evolution and the rapid change of the bacteria, the possibility is high. There is the availability of up to date technology that will aid in the research of the various bacteria. Nevertheless, even though the bacteria mutate fast the technology is also changing rapidly. The data will also be made out in a clear and constructive way that will allow the flow of ideas on the various methods to eradicate infections. It is true that rational antimicrobial and awareness of infection control measures is vital to avert the emergence of multidrug-resistant organisms. This is in support of Murugan and Peter (2004). The education system is also favorable as the clinical research courses are extensive thus a number of individuals can work together. Fridkin (2005, p.67) states that, In some American cities, for example, Baltimore and Atlanta, community-associated MRSA infections are now common and serious. This shows that not only the patients in the hospital but the community fall victims to infections. Thus, it is easy to change the focus of the research. The policies that hospitals use should be consistent with the severity of most infections, for example, pneumonia. Pneumonia is an infection that attacks the larger population. In the past, it was not a major threat, but today it is. Susan (2007, p.56) states that, Patients are at increased risk for either type of pneumonia. Thus, medical systems in the hospitals should not hesitate to change the way they treat, diagnose and screen patients. The three approaches in combat evolution focus change and adaptation are in the literature. Charleboiset (2004, p.89) states that, Presumably patients and visitors export MRSA from the hospital to the community and vice versa. This supports the notion that the focus should change and the community to be part of the research. Thus, new adoption of policies and medicines will be the way to go for eradication of the infections. There is an area that the literature has not put finance. In this area of finance, the figures for the adoption of the various techniques are not present. Hence, the techniques and procedures will be difficult for implementation if the researcher does not have the numerical value estimates that the management requires. The issues that arise at my level as the practitioner include the grasp of the knowledge. In the study, of the various infections, which are numerous, it is tiresome and time consuming. This may deter the morale of the practitioner to produce results correctly and quickly. The issues that may arise at the level of the organization may include efficiency. This is where the research undergoes judging according to the way it was done. That is if the research abides to the rules and if it is right. The recommendation is that the hospitals should collaborate with each other in order for the research to be fruitful. References List Aveyard, H., 2002. The requirement for informed consent prior to nursing care procedures. Journal of Advanced Nursing, 37(3), pp.243-249. Bradley, C., 2000. Control of Hospital Infection: A Practical Handbook. 4th ed. London: Arnold. Charleboiset, R. et al., 2004. Origins of community strains of methicillin-resistant Staphylococcus aureus. Clin Infect Dis 39, pp.47-54. Department of Health, 2005. Saving Lives: the Delivery Programme to Reduce Healthcare Associated Infections (HCAI) Including MRSA. London: The Stationery Office. Department of Health, 2006. Environment and Sustainability Health Technical Memorandum 07-01: Safe Management of Healthcare Waste. London: VM Stationery Office Dobzliansky, T., 1973. Nothing in biology makes sense except in the light of evolution. Ann Biol Tech 35, pp.125-9. Fridkin, H. et al., 2005. Active Bacterial Core Surveillance Program of the Emerging Infections Program Network. N Engl J Med 352, pp.1436-44. Fedtke, F. et al., 2004. Bacterial evasion of innate host defense. J Med Microbiol 294, pp. 189-94. Gakuu, N., 1997. Review of methicillin-resistant Staphylococcus aureus with special reference to handling of surgical patients. East African Med, 74, pp.198-/202. Hart, S., 2007. Using an aseptic technique to reduce the risk of infection. Nursing Standard, 21(47), pp.43-8. Murugan, R. and Peter, K.L, 2004. Newer Treatment Options for Skin and Soft Tissue Infections. Drugs, 64 (15), pp.1621-42. Ruddy, M. et al., 2001. Hospital hairdresser as a potential source of cross-infection with MRSA. J Hosp Infect 49, pp.225-7. Simone, A. et al., 2005. An investigation of MRSA infection in a hospice. Palliative Medicine 19, pp.188-196. Susan, H., 2007. When your patient has pneumonia. www.Nursing2007.com. Whitney, C. et al., 1997. The role of arbitrary primed PCR in identifying the source of an outbreak of Legionnaires disease. J Clin Microbiol, 35, pp.1800-4.

Primary Prevention of Breast Cancer

Choose a health topic related to primary prevention, secondary prevention, or tertiary care. Explain why this is an important topic of discussion based on your personal belief, and based on valid research. Paper should be 1. 5 – 2 pages. APA format must be followed. Detailed assignment information will be provided. Breast cancer is the most common form of cancer in women and the 2nd most leading cause of their death. It is estimated that 1 in 8 women will be diagnosed with breast cancer in their life time and it will claim as many as 40,000 lives in the US only. ( http://www. nationalbreastcancer. rg/breast-cancer-facts) Primary prevention can play a key role in substantially reducing the chances of developing breast cancer Early detection through screening can make treatment process easier and less extensive. Primary prevention is all about reducing the risk factors that may enhance one’s chjances of getting breasts cancer specially if there is a history of breast canc er in the family. Long term heavy smoking and alcohol consumtion can increase the chances of developing breast cancer. (http://www. cancer. org/acs/groups/content/@epidemiologysurveilance/documents/document/acspc-030975. df American cancer society) â€Å"Prevention is the best cure† is a very wise proverb. Necessary precautions can prevent major health problems altogether. The major focus of primary prevention is to prevent a diseases before it occurs. One of doing so is by controlling the risk factors in healthy people that may lead to the disease. There are several different approaches such as clinical prevention which includes interactions with a health proifessional, community based efforts such as awareness programs, laws and plocies etfc. , and work place health programs that promote healthy life style etc.Family history of breast cancer can almost double the risk of getting breast cancer which makes the Its important to cultivate a healthy life style to avoid this prob lem altogether and promote healthy habits and activities than can reduce the chances significantly. Since breast cancer prevention are risk based Determining the risk factor is the first step in designing a prevention plan. Chemoprevention, tamoxifen although can help reduce the risk factors by as much as half but they don’t come without their own risk are not widely practiced.Therefore, primary prevention which is now evolving itself to include cancer screening, imaging, pathalogial findings and level od suspicion etc along with computer programs and special algorithms can help reduce the chances and early detection. The trends show that breast cancer has been on the rise and many people don’t have access to treatment and affordability is another factor. Between 1975 to 1990 it increases and then dcresed byh 2. 34 percent between 1990 and 2002. Black women have a higher percentage of mortality compared with the rest of the races in the US.Dying of Breast Cancer in the 1800sThere are many factors that determine the risk of getting cancer. In female the risk increases with age which can be coped with adjusting to a new life style and observing high precaution. Family history (first or second degree of relation) can increase the risk higher and if more than one family member had cancer it would increase the risk even further that’s why education of such people right from the first case is very important. Girls from young age should be nurtured in a way to adopt a healthy life style and a life style that decreases the chances of getting breast cancer.Different levels of Reproductive Hormones that change with a woman’s age andfor some other reasons such as pregnancy and nulliparity etc also play a role in determining the risk factors. Mind benign breast malfunction can also increase the chances of having breast cancer in later stages of a woman/s life. Irradiation at early age also increases risks of getting breast cancer. Prevention th rough lifestyle. Diet and nutritions is controversial but fat consumtion has been associated with breast cancer.Different studies have shown conflicting results and therefore this area is open for more research. Obesity, however, has been clearly associated with raising the risk factor just like smoking and long term alcohol consumtion does too. Primary prevention. Life style modification studies have yielded different and controversial results. However, disregarding the impact od life syle change, it can lead to better health over all as well reduce the over all risk factor. This may include physical activity, healthy weight, avoiding smoking and limiting alcohol consumption.Ec. Women with high risk of cancer due to genetic mutation may consider non Some primary prevention measures such as prophylactic oophorectomy in young women(35 and under) has shown to reduce the breast cancer by 60 percent but this surgery comes with many unpleasant symptoms. Such as mood changes, night sweats and hot flashes etc. Prophylactic mastectomy which is the removal of both or one breast is also a primary prevention techniques but its drawbacks may outweigh its benefits. Therefor this practice is limited to women with a very high risk of breast cancer.Chemoprevention techniques such as tamoxifen and raloxifene can reduce the risk to one half. But this form of prentive techniques such as tamoxifen shows an increased risk of endometrial cancer in women over the age of 500 (PRIMARY PREVENTION OF BREAST CANCER, SCREENING FOR EARLY DETECTION OF BREAST CANCER, AND DIAGNOSTIC EVALUATION OF CLINICAL AND MAMMOGRAPHIC BREAST ABNORMALITIES Therese B. Bevers) Although most women may not deveop cancer in their life time but prevention techniques and precautions and habits can ensure early detection. Primary prevention saves time, costs related to the treatment, discomfort and pain.CLINICAL REVIEW Women at High Risk for Breast Cancer—What the Primary Care Provider Needs to Know Nelia A fonso, MD Primary prevention would encompass not only a healthy life style which includes measures to avoid exposure to carcinogen exposure and health promoting activieties and habits . the focus is block the cancer from eve ndeveloping or delay its development to malignancy. And for people who have a high risk of cancer (due to genetic mutation etc ), it includes administration of chemopreventive agents or surgeries that require removal of some body parts. ( http://www. ns. org/ClinicalResources/BreastCancer/Prevention/Types) Environmental factors exposure to insecticides etc can increase the chances of developing cancer. ( http://www. cancer. gov/cancertopics/pdq/prevention/breast/HealthProfessional/page2) http://www. cancer. org/acs/groups/content/@epidemiologysurveilance/documents/document/acspc-030975. pdf self examination. Periodic mammography 40 percent cases of cancer can be avoided just by making lifestyle changes. (http://www. kingsfund. org. uk/projects/gp-commissioning/t en-priorities-for-commissioners/primary-prevention)Regular primary care can reduce mortality rate over a period of just 5 years. (http://sphhs. gwu. edu/departments/healthpolicy/dhp_publications/pub_uploads/dhpPublication_3BBD241A-5056-9D20-3DC72347BA069B17. pdf) having a primary care physician decreases the likelihood of getting diseases and increases the effectiveness and appropriateness of care. Having one particular person as a primary health provider means fewer prescriptions and fewer tests more and decrease of emergency care. Primary health care can reduce expenses. Hospitalization and down time can be avoided. Interventions such as smoking

Digital Fortress Chapter 12

David Becker had been to funerals and seen dead bodies before, but there was something particularly unnerving about this one. It was not an immaculately groomed corpse resting in a silk-lined coffin. This body had been stripped naked and dumped unceremoniously on an aluminum table. The eyes had not yet found their vacant, lifeless gaze. Instead they were twisted upward toward the ceiling in an eerie freeze-frame of terror and regret. â€Å"?Donde estan sus efectos?† Becker asked in fluent Castillian Spanish. â€Å"Where are his belongings?† â€Å"Alli,† replied the yellow-toothed lieutenant. He pointed to a counter of clothing and other personal items. â€Å"?Es todo? Is that all?† â€Å"Si.† Becker asked for a cardboard box. The lieutenant hurried off to find one. It was Saturday evening, and the Seville morgue was technically closed. The young lieutenant had let Becker in under direct orders from the head of the Seville Guardia-it seemed the visiting American had powerful friends. Becker eyed the pile of clothes. There was a passport, wallet, and glasses stuffed in one of the shoes. There was also a small duffel the Guardia had taken from the man's hotel. Becker's directions were clear: Touch nothing. Read nothing. Just bring it all back. Everything. Don't miss anything. Becker surveyed the pile and frowned. What could the NSA possibly want with this junk? The lieutenant returned with a small box, and Becker began putting the clothes inside. The officer poked at the cadaver's leg. â€Å"?Quienes? Who is he?† â€Å"No idea.† â€Å"Looks Chinese.† Japanese, Becker thought. â€Å"Poor bastard. Heart attack, huh?† Becker nodded absently. â€Å"That's what they told me.† The lieutenant sighed and shook his head sympathetically. â€Å"The Seville sun can be cruel. Be careful out there tomorrow.† â€Å"Thanks,† Becker said. â€Å"But I'm headed home.† The officer looked shocked. â€Å"You just got here!† â€Å"I know, but the guy paying my airfare is waiting for these items.† The lieutenant looked offended in the way only a Spaniard can be offended. â€Å"You mean you're not going to experience Seville?† â€Å"I was here years ago. Beautiful city. I'd love to stay.† â€Å"So you've seen La Giralda?† Becker nodded. He'd never actually climbed the ancient Moorish tower, but he'd seen it. â€Å"How about the Alcazar?† Becker nodded again, remembering the night he'd heard Pacode Lucia play guitar in the courtyard-Flamenco under the stars in a fifteenth-century fortress. He wished he'd known Susan back then. â€Å"And of course there's Christopher Columbus.† The officer beamed. â€Å"He's buried in our cathedral.† Becker looked up. â€Å"Really? I thought Columbus was buried in the Dominican Republic.† â€Å"Hell no! Who starts these rumors? Columbus's body is here in Spain! I thought you said you went to college.† Becker shrugged. â€Å"I must have missed that day.† â€Å"The Spanish church is very proud to own his relics.† The Spanish church. Becker knew here was only one church in Spain-the Roman Catholic church. Catholicism was bigger here than in Vatican City. â€Å"We don't, of course, have his entire body,† the lieutenant added. â€Å"Solo el escroto.† Becker stopped packing and stared at the lieutenant. Solo el escroto? He fought off a grin. â€Å"Just his scrotum?† The officer nodded proudly. â€Å"Yes. When the church obtains the remains of a great man, they saint him and spread the relics to different cathedrals so everyone can enjoy their splendor.† â€Å"And you got the†¦Ã¢â‚¬  Becker stifled a laugh. â€Å"Oye! It's a pretty important part!† the officer defended. â€Å"It's not like we got a rib or a knuckle like those churches in Galicia! You should really stay and see it.† Becker nodded politely. â€Å"Maybe I'll drop in on my way out of town.† â€Å"Mala suerte.† The officer sighed. â€Å"Bad luck. The cathedral's closed till sunrise mass.† â€Å"Another time then.† Becker smiled, hoisting the box. â€Å"I should probably get going. My flight's waiting. â€Å"He made a final glance around the room. â€Å"You want a ride to the airport?† the officer asked. â€Å"I've got a Moto Guzzi out front.† â€Å"No thanks. I'll catch a cab.† Becker had driven a motorcycle once in college and nearly killed himself on it. He had no intention of getting on one again, regardless of who was driving. â€Å"Whatever you say,† the officer said, heading for the door. â€Å"I'll get the lights.† Becker tucked the box under his arm. Have I got everything? He took a last look at the body on the table. The figure was stark naked, face up under fluorescent lights, clearly hiding nothing. Becker found his eyes drawn again to the strangely deformed hands. He gazed a minute, focusing more intently. The officer killed the lights, and the room went dark. â€Å"Hold on,† Becker said. â€Å"Turn those back on.† The lights flickered back on. Becker set his box on the floor walked over to the corpse. He leaned down and squinted at the man's left hand. The officer followed Becker's gaze. â€Å"Pretty ugly, huh?† But the deformity was not what had caught Becker's eye. He'd seen something else. He turned to the officer. â€Å"You're sure everything's in this box?† The officer nodded. â€Å"Yeah. That's it.† Becker stood for moment with his hands on his hips. Then he picked up the box, carried it back over to the counter, and dumped it out. Carefully, piece by piece, he shook out the clothing. Then he emptied the shoes and tapped them as if trying to remove a pebble. After going over everything a second time, he stepped back and frowned. â€Å"Problem?† asked the lieutenant. â€Å"Yeah,† Becker said. â€Å"We're missing something.†

Intellectual Property Law Scenario - Free Essay Example

Sample details Pages: 11 Words: 3444 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Intellectual Property Essay Did you like this example? Based on the assessment of the whole situation, the issue is related on copyright to the different works done by the group members and the task would involve solving the doubt on who has the copyright to the works as the group members are disbanding. Copyright is property right as defined by the legislative source for copyright law, the Copyright, Designs and Patents Act 1988 and is a form of intellectual property to confirm individuals to possess the items that was inspired by their own creativeness. It helps give the individuals like writers exclusive control of their own work and also for monetary exchange when the work is used by others with permission, in the form of royalty. Don’t waste time! Our writers will create an original "Intellectual Property Law Scenario" essay for you Create order Once an individual has a copyright protection over something, they then have the control on whether they would allow to work to be copied, published or made an adaption for the public.[1] This legislation has been much amended and is the principal act to be referred to when dealing with copyright concerns. Another important element to be considered would be that of moral rights, as it protects the personal interests of an author of a copyrighted work. Copyright exists in three main type of works with the first being as original literary, dramatic, musical or artistic works and then followed by the category of sound recordings, films or broadcasts and lastly, the typographical arrangement of published editions.[2] Which means, the three scenarios involved in the argument between Communart will definitely be within this categories and it will be best to first connect them to their relevant categories. Relying on the categories, the issue on the written manifesto will fall under the original literary works category, whereas, the tree that is the centrepiece of the Communart groupà ¢Ã¢â€š ¬Ã¢â€ž ¢s festival will specifically be under the artistic works category. And finally, the matter involving the music of the group will no doubt be in the musical grouping and also with further focus on sound recordings. This category of work must be original and to determine so we must use the relevant originality test to decide if it is in fact an original creation. Originality here would not mean the ordinary dictionary meaning that seems common but as per Lord Peace, he suggests that the work is not copied and that it should originate from the author.[3] Basically the idea need not be fresh since it will not be covered by copyright but rather the expression of that particular idea constitutes the originality. Revisiting on the rule that copyright does not protect the idea but only the expression of the idea, it becomes important that the expression be in writing or in other form, like fixation methods. The expression of an idea will be covered by copyright. And from the result of Ladbroke (Football) milestone case, one will need to use the skill, labour and judgement test to demonstrate the originality. So in reality, the expression of idea must be from the author and also, there must be at least, some minimum form of appropriate skill, labour and judgment involved. With much criticisms on this test due to the ease at how one can obtain originality of the idea, we should also consider another form of originality test following the landmark decision in Infopaq[4] by the Court of Justice. From this case, it was held that the national courts of EU countries should resolve whether the work is from the authors expression of intellectual creation. It was apprehended that before looking at infringement and limitations, we should determine what the actual work is and if it had attracted copyright because generally, there will be no way one can infring e on something that was never protected in the first place. This resulted in presenting that one needs to obtain the reason to why a work is given copyright protection[5] and that for each category of the works, a certain original contribution is required. The older system did not offer a strong protection but with Infopaq, it had expanded the range of copyright when the standard was use to resolve the issue that certain headlines printed on a newspaper could be protected under copyright law[6] Following that, it is defined that the person who creates the work will be deemed the author of the work[7] but for some circumstances, it is not always clear the identity of the author. If someone cannot identify the identity of the author by reasonable inquiry[8] than the work is of unknown authorship.[9] The person who desires to have a certain contract with the author will bear the duty to achieve the reasonable inquiry and seek for the author to understand in depth of the origin of th e work, before he or she may use the said work. In Fisher v Brooker[10] the focus on author who has not claim authorship was viewed, and here it hinted that the author will always retain the opportunity to make that claim. In the case, such a claim was only made after 38 long years. Over the years, we have seen collaboration between two or more authors and this sort of joint authorship has its perks, since the creativity of more than one person will results in often a way more valuable masterpiece. Such as in an office environment, where team members are required to produces a joint report and may involve everyone having a different but yet significant task that would lead to the goal of having that ultimate finish work. Everyoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s contribution will need to be identified and distinguished from one another and they will be preserved as the creator and author for their respective parts. In the case of Fisher, the facts discusses on the collaboration between two peo ple, who are both co-authors of the songs, since each had their part of the song that they had created. In a critical result from Hodgens v Beckingham[11], it was held that there is no such constitutional obligation that authors must show they intend to create a work of joint authorship. They merely need to collaborate and the contributions to the work created are not separate, so that together it forms a fully functional work. However, even with significant contribution to a certain process or stage of work, one may still fail to be a joint author. It involves the matter of understanding the process of creation of the work and also the type of contribution that has taken place, and that important factor is that it needs to be the life of the copyright rather than the formation of the subject matter of the copyright. As seen in the case of Fylde Microsystems Ltd v Key Radio Systems Ltd[12] where the outcome was that the defendant was not seen as a joint owner of the copyright subsis ting in the software because the contribution was not enough to amount to an act of authorship. Now we will move on to discuss each scenario in detail to determine which member has the respective works copyright, starting with the Communartà ¢Ã¢â€š ¬Ã¢â€ž ¢s manifesto, entitled à ¢Ã¢â€š ¬Ã‹Å"Manifesto of the Desperate: Finding the Good Life in a Ruthless Worldà ¢Ã¢â€š ¬Ã¢â€ž ¢. The members involved in the project of the manifesto are Al, Bill, Cal and Dina. Seeing as their written manifesto is in the process of a possible publishing deal, they each would like to have claim of copyright over the manifesto. The manifesto will be a literary work due to the nature of it being recorded in writing[13] and the 15 core rules has been clearly written out for reading. This sort of work need not to have great quality but as long as it has been expressed in writing, copyright should be attained. Each member would argue that they have made momentous contribution to have copyright but that will need to be assessed separately for a better insight. Firstly, Al had suggested the idea and the title for the manifesto but as previously discussed, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s unfortunate because the idea will not be copyrighted. And for the title suggested, providing copyright for such a trivial work would seem unreasonable and the courts will rely on the de minimis non curat lex[14] to ascertain that the work is not enough to gain copyright. This de minimis principle helps in distinguishing the relevant work that should be allowed and here, the title could not amount to original literary work. Moving on, it may be doubtful for Dina, who did the final editing to have a claim of copyright. She barely had a significant contribution plus her act of editing grammar and spelling errors would show the she may had put in some skill, judgement and labour but while copying another personà ¢Ã¢â€š ¬Ã¢â€ž ¢s work and this would not be fitting to originality[15]. Dina will fail to have any aut horship in the manifesto, much like Al. This leaves us to unquestionably the two most influential members of the creation of the manifesto, Bill and Cal, who both wrote the 15 rules. The points of having a different number of rules written may be argued, however, proving which of them, as the author of the work, had a better contribution would be almost impossible because they both had made major involvements in the rules and either helped write some of it or made major changes to the written rules. Original work will easily be applicable here since both of them had put more than enough amount of skill, labour and judgement in creating the rules. Even using the own intellectual creation test will prove to be fruitful in this instance, as they can demonstrate their expression in rules without any doubts. It is likely to be a situation of joint copyright owners, where two or more authors have created a work and their contributions are not distinct.[16] From the case of Cala Homes ( South) Ltd v Alfred McAlpine Homes East Ltd[17], we can appreciate further that when two or more person had a significant contribution in such a work, then they will be deemed to be joint copyright owners. And here, again, it is safe to say that both are authors as we will not be able to reduce the importance of either ones contribution, as in the case of Robin Ray v Classic FM[18]. Thus with this arguments, we will see evidently that for the manifesto, Bill and Cal will be joint copyright owners and upon the publishing of the manifesto, their approval will be needed for any sort of reproduction with royalties agreement. As joint owners, their duration in copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies[19], as in when the last joint author dies[20]. The next issue is in regards to the large model of a magic tree will need to be reviewed as an artistic work due to it being acknowledged as a sculpture.[21] The theory of sculpture was defined in the case of Lucasfilm v Ainsworth[22] and that sculptures are artistic works designed for their viewing feature. Meaning that the sculpture is created to attract attention for the viewing, similar to that of statues in a museum or any exhibition area. The size and the design with the fruits make this a sculpture to appeal someone to view it as its main intention. Here the sculpture is also a three-dimensional work made by an artistà ¢Ã¢â€š ¬Ã¢â€ž ¢s hand, and fits spot on with the description held in Metix (UK) Ltd V GH Maughan (Plastics) Ltd[23] and for this work, the originality stipulation is similar. Ed expressed the idea of the tree and drew up the plans and shows that it is not copied and had originated from him. Moreover, he had supervised and advised Fran during the building period, proving that he had been involved with the sufficient need for skill and labour too. Unfortunate for Fran, it will not be possible to have a joint ownership in an ar tistic work, so she would want to argue that she had worked three months on it tirelessly, and also had suggested the materials and colour schemes based on her own skill, labour and judgment. It may quickly seem that Fran should be the copyright owner for the tree. However, we added emphasis that it was Ed who had express his idea and Fran had generally worked under his supervision, which we will acknowledge as giving her instruction throughout the building process. Even when using the own intellectual creation test, it will be easier to prove that Ed has the rightful authorship in this artistic work and not Fran. Ed should also be informed that his copyright duration expires at the end of the period of 70 years from the end of the calendar year in which, he as the author dies. The final scenario with Gill looks at the copyright within musical works and his involvement by playing an acoustic guitar and adding a faster tune to Tudor English folk songs. Moreover, the main issue wil l be that off the selling of CDà ¢Ã¢â€š ¬Ã¢â€ž ¢s of his music and who should benefit from that. First off, musical work consists of music, exclusive of any words or action intended to be sung, spoken or performed with the music. This will lead to a split of copyrights obtainable, one in the music and another for the words of a song, as in the lyrics, which would be the literary works. Till date there have always been musicians and lyricist and they both attain different copyright in their works, as long as it has been written. Music here excludes any actions and words, and focuses on the musical chords. Relatively, the quantity of the music does not matter, even if it was just a few short notes and chords, it will still be subject to copyright.[24] The idea is that the copyright of the arrangement of notes in a particular format that creates that tune, and often in the music world, there would be disputes over creative ideas. Such an example can be highlighted in the case of Wood v Boosey[25] where a musician makes an adaption of an existing music, he would own the copyright of the adaption but this would mean he may be liable to copyright infringement from the original source, if he had done so without permission[26]. Recreating an old song with an added contemporary touch may be able to get copyright protection and the case of Hyperion Records Ltd v Dr Lionel Sawkins[27] discusses in depth of the issue. Comparable to what Gill had done, the case involves Sawkins writing new edition to musical compositions by Lalande with some major changes, and mostly based to his contentment. Hyperionà ¢Ã¢â€š ¬Ã¢â€ž ¢s argument was rejected that Sawkins had not written any new work. It was explained that to deny Sawkins copyright protection for the changes made would be wrong, as he had to include his own elements into the music, such as tempo and performing indicators, hence changing the whole outcome of it. Without his interpretation of the old music, there would no t be a performing edition. Gill too would like to argue based on the facts of the Hyperion case that he had made a different type of performing edition of the Tudor English folk songs and that he had to wisely match it to be suitable for the acoustic guitar. The new rendition made will be suffice to showcase his labour and skill that went into the creation of that original musical work, and it will only be logic for him to claim for the copyright of the music. The inclusion of moral rights can be brought up, where the paternity right will aid in confirming Gill to the copyright of the musical work. This right to be acknowledged as the author must be stressed by the author for it to be operational. Gill may use the support of this right to be identified as the author of the musical works[28] However, there is no clarity in the act whether the author can make this right apply to things done prior to the declaration. And with reference to the Hyperion case, where the use of copyrigh t notice with the authors name was to be use, could apply similarly to Gill, who would want his name to appear with a copyright notice on the musical works he had recreated. And furthermore, we now look at the copyright for sound recordings as that will determine the copyright for the CDà ¢Ã¢â€š ¬Ã¢â€ž ¢s sold. It focuses on the recording of the sound and the ability to then reproduce it on a particular medium and method the sounds is produced or reproduced.[29] This would mean that the copyright will exist in the creation of the master copy of that sound recording, and it would be from here copies of additional CDà ¢Ã¢â€š ¬Ã¢â€ž ¢s for sale are created. In this situation with Gill, clearly he would have the master copy of the sound recordings, which would give him the right as the copyright owner for the music in the CD. With no one else part of the musical works, Gill will rightfully gain copyright protection for the musical works. The durations of his copyright will be for t wo different areas, one for the musical works and the other for the sound recordings. For the musical works, again, his copyright duration expires at the end of the period of 70 years from the end of the calendar year in which, he as the author dies. Whilst for the sound recording, since it is published ever since the group started selling the CDà ¢Ã¢â€š ¬Ã¢â€ž ¢s, it would mean he has 50 years from the end of the calendar year in which it is first published.[30] In conclusion, following a comprehensive analysis of the copyright laws and relating them with the scenarios of the Communart members, it seems apparent that copyright plays an important role in our day-to-day life and that we should be protected for the work that we have put a good effort in and be credited for that work be it literary, musical, dramatic or even artistic. To summarise the copyright owners of Communart will be Bill and Cal who are joint authors for their collaboration in the manifesto, Ed as the owner o f the large model of magic tree sculpture and finally, Gil would be the sole owner for the musical works and also the CDà ¢Ã¢â€š ¬Ã¢â€ž ¢s, as part of the sound recordings. If any other ex-members would want to utilise either items then they would need to obtain permission from the rightful owners, or else they would risk infringing copyright. [3102 words] BIBLIOGRAPHY CASES Biotrading Financing v Biohit Ltd [1998] FSR 109 Cala Homes (South) Ltd v Alfred McAlpine Homes East Ltd [1995] FSR 818 Exxon Corporation v Exxon Insurance Consultants International Ltd [1981] 3 All ER 2411 Fisher v Brooker [2009] FSR 25 (HL) Fylde Microsystems Ltd v Key Radio Systems Ltd [1998] FSR 449 Hodgens v Beckingham [2003] EMLR 18 Hyperion Records Ltd v Dr Lionel Sawkins [2005] RPC 32 Infopaq International A/S v Danske Dagblades Forening [2009] ECDR 16 Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273 Lawson v Dundas, The Times Lucasfilm v Ainsworth [2012] 1 AC 208 Metix (UK) Ltd V GH Maughan (Plastics) Ltd [1997] FSR 718 Newspaper Licensing Agency Ltd v Marks Spencer plc [2001] 3 WLR 290 Newspaper Licensing Agency Ltd v Meltwater Holding BV [2011] EWCA Civ 890, [2012] RPC 1 Robin Ray v Classic FM [1998] FSR 622 Wood v Boosey [1868] LR 3 QB 223 LEGISLATION Copyright, Designs and Patents Act 1988 s1(1), s3(2), s4(1)(a), s5A(1), s9(1), s9(4), s9(5), s10, s12(2), s12(8), s12(9), s16(1), s21, s77(1) BOOKS Bainbridge D, Intellectual Property (9th edition, Pearson 2012) Torremans P, Holyoak Torremans Intellectual Property Law (7th edition, OUP 2013) Aplin T Davis J, Intellectual Property Law Text, Cases and Materials (2nd edition, OUP 2013) [1] Copyright Designs and Patents Act 1988, s.16(1) [2] Copyright Designs and Patents Act 1988, s.1(1) [3] Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273 at 291 [4] Infopaq International A/S v Danske Dagblades Forening [2009] ECDR 16 [5] Newspaper Licensing Agency Ltd v Marks Spencer plc [2001] 3 WLR 290 [6] Newspaper Licensing Agency Ltd v Meltwater Holding BV [2011] EWCA Civ 890, [2012] RPC 1. [7] Copyright Designs and Patents Act 1988, s.9(1) [8] Copyright Designs and Patents Act 1988, s.9(4) [9] Copyright Designs and Patents Act 1988, s.9(5) [10] [2009] FSR 25 (HL). [11] [2003] EMLR 18. [12] [1998] FSR 449 [13] Copyright Designs and Patents Act 1988, s.3(2) [14] Exxon Corporation v Exxon Insurance Consultants International Ltd [1981] 3 All ER 2411 [15] Biotrading Financing v Biohit Ltd [1998] FSR 109 at 116 [16] Copyright Designs and Patents Act 1988, s.10 [17] [1995] FSR 818. [18] [1998] FSR 622 [19] Copyright Designs and Patents Act 1988, s.12(2) [20] Copyright Designs and Patents Act 1988, s.12(8)(a) [21] Copyright Designs and Patents Act 1988, s.4(1)(a) [22] [2012] 1 AC 208. [23] [1997] FSR 718 [24] Lawson v Dundas, The Times, 13 June 1985 [25] [1868) LR 3 QB 223. [26] Copyright Designs and Patents Act 1988, s.21 [27] [2005] RPC 32 [28] Copyright Designs and Patents Act 1988, s.77(1) [29] Copyright Designs and Patents Act 1988, s.5A(1) [30] Copyright Designs and Patents Act 1988, s.13A(2)(b)