1. Star Wars vs Battlestar Galactica Perhaps the most notorious case of copyright is that of Battlestar Galactica, who apparently 'borrowed' a little too much from Star Wars.
Galactica was produced in the wake of the success of the 1977 film Star Wars. And sci-fi author Jerry Pournelle, starring on a guest panel in This Week in Teck (episode 223), explains that “20th Century Fox sued Universal Studios (the studio behind Battlestar Galactica) for copyright infringement, claiming that it had stolen 34 distinct ideas from Star Wars.” Among them was a character named Skyler, a tad too close to Skywalker, and the possibility of airing with the title "Star Worlds".
Universal Studios didn't take this news lightly. "I agreed not to use certain effects including laser streaks from our guns," said Galactica creator Glen Larson, who supposedly met producer Gary Kurtz to figure things out. "I always consider [the case] very unfair because we had met... and they were in agreement not to take any action."
Furthermore, they “promptly countersued, claiming Star Wars had stolen ideas from the 1972 film Silent Running (the robot drones) and the Buck Rogers serials of the 1940s,” said Pournelle. He goes on to say that after Fox was sued, he was paid $20,000 by Universal to show that Battlestar Gallactica and Star Wars were made from two different cloths.
In the end the case was decided in favour of Galactica two years later. Unfortunately, however, the original Battlestar Galactic" had been cancelled and cinemas were looking forward to seeing The Empire Strikes Back.
2. Apple vs Microsoft
The battle between these tech giants started with a simple question: who invented the graphical user interface (GUI)? The company that controls the interface of the next major operating system will have the ability to set the standards for application software, so it's unsurprising that Apple tried to stop Windows from becoming a major operating system.
It seemed that although Microsoft helped develop Macintosh, Jean-Louis Gassée, who had taken over from Steve Jobs at the time, refused to allow Microsoft to use their software. Bill Gates pressed on nonetheless, deciding to add in features of its own to early prototypes of the Macintosh.
When Gassée noted the software, he was enraged. However, he didn't want a lawsuit, and ended up agreeing to license the Mac's visual displays. But Windows 2.0 turned out to be almost identical, and Gassée believed it to be a breach of contract, only having allowed their software to be used for 1.0 and not future versions.
So, without warning, Apple filed a lawsuit against Microsoft in 1988. Apple’s case included 189 contested visual displays that violated its copyright. This led to a six-year long battle.
In 1989, the court ruled that 179 of the 189 disputed displays were covered by the existing license. Furthermore, the other ten were not violations of Apple’s copyright due to the merger doctrine, where the idea–expression divide limits the scope of copyright protection by differentiating an idea from the manifestation of that idea.
The lawsuit was decided in Microsoft’s favour on August 24, 1993.
3. James Dyson vs Hoover
What has made Dyson so successful is the use of a bagless vacuum cleaner which uses two cyclones. One removes small particles while the other collects larger items. This is the patented technology that bitter rival Hoover infringed.
According to Dyson, before him, nobody in the field had thought to sell a bagless vacuum cleaner. However, Alberto Bertali, managing director of Hoover European Appliances Group, claimed that the Tripple Vortex “ recirculated dusty air between three cyclones and did not filter it.”
A counterclaim that the Dual Cyclone's technology was “nothing that was not generally known within the industry,” was dismissed by the High Court.
Unfortunately for them the High Court ruled that Hoover had intentionally copied the technology at the heart of Dyson's Dual Cyclone vacuum cleaner. Dyson said: “Their claims that the Triple Vortex is different were shown to be completely false. Hoover showed no interest in the technology when we were looking for backers. Then they rubbished it when we brought out the bagless cleaner, insisting that bags are best. Finally they came out with a blatant copy."
But Dyson failed to stop Hoover using the “Vortex” trademark on its bagless cleaners.
4. Apple vs Google
Apple is no stranger to court, especially when it comes to Google. After all, there are several companies that are making phones using Google's Android software. Steve Jobs repeatedly called the Android a "stolen product. I'm willing to go thermonuclear war on this."
Apparently things got so heated between Apple and Google that former Google CEO (and current chairman) Eric Schmidt stepped down from his position on Apple's Board of Directors.
In 2010, Apple sued Samsung. Google had to step in and help Samsung partly due to a 'Mobile Application Distribution Agreement'. A Google lawyer revealed that the company agreed to “provide partial or full indemnity with regard to four patents.”
And in one of the highest-profile lawsuits in technology, Motorola sued Apple at the same time Samsung was taken to court. Motorola accused Apple of infringing several patents, which included how cellphones operated on a 3G network. On the other hand, Apple claimed that Motorola violated its patent to certain smartphone features.
The case was dismissed in 2012, the year that Google acquired Motorola, on grounds that neither company had sufficient evidence. In fact, frustrated judges have thrown the Apple vs Motorola out of court three times, telling them to solve their problems between themselves.
Although Apple hasn't attacked Google, probably due to the fact that Google provides a variety of iOS software. Instead, the company chooses to go for the company selling Android devices, but it seem that the search giant is intent on defending Android.
It was only 16 May this year that Apple and Google released a joint statement saying that they have agreed to settle all patent litigation between them and that they will also “work together in some areas of patent reform”.
5. Gucci vs Guess
In 2009 Gucci sued Guess for infringing on five Gucci trademarks, including the use of similar logos. This is perhaps unsurprising given that Guess has been subject to 12 copyright complaints over the last ten years. But they have successfully managed to resolve all previous situations almost immediately... until they messed with Gucci.
Guess used many of Gucci's distinctive marks, including a green and red stripe used on handbags, the repeating, inverted GG pattern, and the company's use of brown and beige colours, mostly used in conjunction with diamond shape patterns.
Of course, Gucci came out on top, but not in the way they had hoped for. Initially asking for $221m in damages, the judge told Gucci they were only entitled to an accounting of profits and limited the damages. In the end, Gucci only received $4.7m.
Guess was also barred from using most of their designs ever again, primarily the Quattro G patterns in brown and beige colours and the CRG stripe.
What went wrong? Gucci's defence.
The judge concluded that “Over the years, Gucci has sent out hundreds of cease and desists letters to entities ranging from national companies such as Bebe, Juicy Couture, and Williams-Sonoma, all the way to small-time infringers, such as a counterfeiter working out of her Los Angeles apartment and a rabbi in New York, who they suspected might sell counterfeit Gucci products to benefit his synagogue.” When it came to Guess, they waited because the company was facing budgetary concerns due to counterfeiters.
Furthermore, the company had failed to bring non-speculative evidence to court.
6. A&M Records vs. Napster
For those who don't remember, Napster was a popular peer-to-peer file sharing network that launched in 1999. It had an amazingly large fan-base of music lovers who shared .mp3s.
However, two years later the company was involved in a joint lawsuit filed by various record companies.
They didn't like the large-scale distribution of their music for free, and so sued the company for infringement on their intellectual property. This is what makes this case one of the most famous copyright infringement cases in history.
The court ruled against Napster and the company was forced to shut down the site after making a public apology and paying $26m in damages. It was their lack of effort to reduce infringement, mixed with the fact that the company financially benefited from it that set the decision in stone.
Copyright has never been an easy, black-and-white kind of issue. Arguments over copyright between creatives happen all of the time, it’s an inescapable issue.
Read through some of these famous court cases that have created major public discourse over copyright — how it’s handled, what it means, and why we should all care.
Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. Internationally, renowned artist Jeff Koons in the process of creating an exhibit on the banality of everyday items, ran across Rodgers’ photograph and used it to create a set of statues based on the image. Koons sold several of these structures, making a significant profit. Upon discovering the copy, Rodgers sued Koons for copyright. Koons responded by claiming fair use by parody.
Outcome
The court found the similarities between the 2 images too close, and that a “typical person” would be able to recognize the copy. Koon’s defense was rejected under the argument that he could have used a more generic source to make the same statement — without copying Rogers’ work. Koons was forced to pay a monetary settlement to Rodgers.
Significance
This is one of those famous cases that encompassed a larger issue in the art world, the issue of appropriation art. Can you build upon another’s work to create your own original piece? And if you do so, does that constitute derivative work? It also brought up the issue of photography as art, was photography just a documentation of the world, or is it a creative and artistic product? Neither of these issues was entirely answered by the case, of course, but it has also become a reference used in many cases afterward.
You can parallel this with vector-tracing a photograph for your design. Are you creating a derivative work that subtracts value from the original artist?
Famous street artist Shephard Fairey created the Hope poster during President Obama’s first run for presidential election in 2008. The design rapidly became a symbol for Obama’s campaign, technically independent of the campaign but with its approval. In January 2009, the photograph on which Fairey allegedly based the design was revealed by the Associated Press as one shot by AP freelancer Mannie Garcia — with the AP demanding compensation for its use in Fairey’s work. Fairey responded with the defense of fair use, claiming his work didn’t reduce the value of the original photograph.
Outcome
The artist and the AP press came to a private settlement in January 2011, part of which included a split in the profits for the work.
Significance
Though there wasn’t a court case and an actual verdict, this case created a lot of discourse around the value of work in these copyright battles. It’s unlikely that Garcia’s work could have ever reached the level of fame it did, if not for Fairey’s poster. Garcia himself stated he was “so proud of the photograph and that Fairey did what he did artistically with it, and the effect it has had,” but still had a problem with the fact that Fairey took the image without permission and without credit for it’s originator.
Credit, credit, credit! On 99designs you cannot use licensed work — but in the right circumstances you can use stock imagery. When doing so, make sure everyone knows the source.
3. Cariou vs. Prince
Photograph: Patrick Cariou – 2000; Adaptation: Richard Prince – 2008 (both viaartnet)
Case
Richard Prince is a well known appropriation artist — one who transforms the work of others to create new meaning in his own work. For an exhibition in the Gagosian Gallery, Prince appropriated 41 images from a photography book by French photographer Patrick Cariou, claiming fair use that he created new meaning out of the photographs. Cariou argued that it wasn’t fair use, but copyright infringement.
Outcome
A judge ruled in favor for Cariou in 2011, claiming the changes made to Cariou’s photographs weren’t significant enough to constitute a change in meaning — fair use. However, the case is currently in appeal and the final decision has not yet been reached.
Significance
The initial ruling in this case in favor of Cariou has created huge divisions in the artistic community. It brings up questions about artistic intent and the subjectivity of art, asking “who was this judge to determine whether or not the appropriated artwork had enough meaning to be considered fair use” when the art could be interpreted differently by each person who viewed it. The jury is still out on this one.
Imitation vs. inspiration
Don’t be a designer who creates work too close to that of another. You have to make sure you are creating something original and not derivative.
—
Update 4/25/2013
Not two weeks after this article was published, the original decision in this case was overturned and the judge ruled in favour of Prince for the majority of the works in dispute, claiming that Prince’s work transformed the work in the way that it was aesthetically different, and thus acceptable under the argument of fair use. Read more about the decision as well as the 5 pieces which are still under review by a lower court in The New York Times and Hyperallergic.
4. Modern Dog Design vs. Target Corporation
Illustrations: Modern Dog – 2008; T-shirt: Target (both via Business Insider)
Case
Seattle design firm Modern Dog utilised a series of sketches of dogs in their compendium put out by Chronicle Books in 2008. The firm alleges that illustrations from that design have been used in a T-shirt produced by Disney/Target for sale, and filed a lawsuit in 2011.
Outcome
TBD. There hasn’t been a decision yet in this case but Modern Dog has been campaigning online pretty heavily for publicity and funds to help with its legal fees over the issue.
Significance
The Modern Dog case has brought to light a question burning in the mind of many designers and artists — what happens if a major corporation with many more resources than me, utilizes my artwork for profit? Modern Dog was recently forced to sell their studio to cover the legal costs associated with this battle, so it’s turning into a very extreme situation for them. We’ll have to keep an eye out for how this progressed and continues to change the conversation around this issue.
Always defend your designs. Regardless of who you’re going up against — if you think your design is in the right, then make it known.
Vanilla Ice had a hit, in 1991, with Ice Ice Baby — it sampled but did not credit the song Under Pressure by David Bowie and Queen. Though at first denying it, Vanilla Ice later retracted the statement saying it was “a joke”. Facing a lawsuit by the duo, Vanilla Ice fessed to sampling the work.
Outcome
The case was settled privately out of court with Ice paying an undeclared sum of money and crediting Bowie/Queen on the track.
Significance
There’s really not a ton of meaning directly related to design with this one (except for, don’t use other people’s creative work!). But I couldn’t resist adding it. This is one of the most hilarious copyright cases ever.
Recently, a jury awarded the estate of Marvin Gay $7.4 million in the Blurred Lines case, sparking a firestorm of publicity and media attention. With this attention came a lot of dire predictions about how the case would be the end of creativity in the music industry and could possibly kill off entire genres of music.
However, it’s highly unlikely that those dire predictions will come true. The outcome of the case was heavily dependent upon specific facts within it and it’s unlikely that it would be replicated by another case, even one very similar.
Still, it’s easy to see why the case got to much media attention. It was custom built to become a media frenzy featuring two hit songs, four very popular musicians and an eye-popping award that was made to be splashed across headlines.
However, most copyright cases aren’t anywhere near that sexy and a lot of them have a great deal of potential to have a practical impact on copyright in the United States, including very noticeable impacts on end users.
So, now that we’ve had a month to calm down from the Blurred Lines verdict, let’s take the time to briefly look at a few cases that could matter a lot more and could change the way you create, buy, stream, sell and view content.
1. The Raging Bull Case
In the month since the Blurred Lines verdict,this case has been settled. Nonetheless, this case represents a fairly significant shift in thinking regarding the idea of laches and copyright.
The case centers around the movie Raging Bull, which was based on works by Frank Petrella and Jake LaMotta, the film’s subject. When Petrella died his rights to the work went to his daughter, Paula Petrella, who learned of it in 1990. However, she waited until 2009 to file a lawsuit over the film’s continued distribution, alleging that MGM, the film’s distributor, did not have all of the rights to the story.
MGM put forth a laches defense. Laches is essentially an argument one party has waited so long to bring forth a claim that the claim itself should be barred. The lower courts agreed with MGM, but the Supreme Court took the case and ruled in favor of Petrella, saying that laches did not bar her claim since the infringement was ongoing. Petrella would be limited to collecting damages by the three year statute of limitations, but the claim could move forward.
That kicked the case back to the lower court, where questions about what works the movie was based on and what rights were assigned, but those questions were avoided when the case was abruptly settled.
Why It’s Important: The application of laches in copyright was a very divisive issue before the ruling. However, this ruling has paved the way for similar lawsuits to be filed, including a recent one over the Nike “Jumpman” logo.
The facts of Petrella’s case mirror a surprisingly large number of other potential lawsuits, so expect to see even more such cases in the not-too-distant future.
Why It Was Ignored: This case actually got a modest amount of mainstream coverage because of the popularity of the movie. But laches is a fairly complex and dull legal issue by itself and it still received only a fraction of the coverage Blurred Lines did.
2. Oracle/Google (or Java/Android) Case
In 2010 Oracle filed a lawsuit against Google claiming that the search giant violated their copyrights and patents in the creation of the Android mobile operating system.
On the copyright side of things, the issue centred around the Java programming language’s application programming interface (API). An API is basically a set of instructions that tell an application how to interact with something else on the computer. Google, wanting to make Android accessible to JAVA developers, copied the Java API though nothing else from the language was copied.
Oracle sued claiming, in part, copyright infringement in the API. However, the lower court ruled that APIs could not be protected by copyright, siding with Google. Oracle then appealed that ruling, which was overturned. Google has now put the case before the Supreme Court, which in turn has asked for advice from the federal government.
Why It’s Important: The copying and reuse of APIs or elements from APIs is fairly common in programming. While Java is a programming language, these days almost every site, application, device or tool has an API that allows connected programs, devices, etc. to communicate with it.
While this likely won’t impact the use of an API for its intended function, many developers create APIs identical to or similar to others in the field to encourage others to create applications for it. If APIs are copyright protected and Google’s use is not a fair use, it could spell trouble for a lot of developers.
Why It Was Ignored: Explaining what an API is can be very difficult (so much sure I’m certain my explanation is inadequate). It’s a very complex technical term and it’s not something that directly impacts a large number of people outside of the tech community.
Still, this case has the potential to drastically change how various applications and devices talk to one another and could result in a great deal of additional litigation. If Oracle wins, its unlikely that this will be the last such lawsuit filed.
3. ASCAP/BMI Consent Decrees
In 1941 the Department of Justice (DOJ) settled a lawsuit against the American Society of Composers, Authors and Publishers (ASCAP), a performing rights organization (PRO) that oversees royalties collected regarding performances of a musical composition. That settlement resulted in a consent decree that places strong restrictions on how ASCAP could operate and created a rate court system to settle royalty disputes.
A similar consent decree was signed by Broadcast Music Inc. (BMI) in 1964, bringing both of the largest PROs under a very similar structure.
While I’ve discussed these consent decrees in greater detail here, they’ve come under fire in recent years as publishers have sought greater flexibility to negotiate royalties with streaming music services, including Pandora. The DOJ is now said to be reviewing those consent decrees with an eye on granting publishers many of their wishes.
These changes, if proposed by the DOJ and approved by the rate court judges, will drastically change the relationship between streaming music providers and PROs, leading, most likely, to higher royalties for PROs.
Why It’s Important: These consent decrees are at the heart of the music licensing business. Right now, they give a great deal of leverage to streaming music companies, who often end up never paying any royalties to PROs or reaching a final royalty agreement.
For most songwriters, this will likely mean more royalties from online services. For consumers, the outcome will depend on how streaming companies react and how the new negotiations break down.
If everyone is reasonable, the change could be minimal. But if things go poorly, we could see rate increases or more music companies exiting the market.
Why It Was Ignored: These consent decrees are invisible to most people. When you stream music on Pandora, you don’t think about the settlements that got the music there. They aren’t sexy, they aren’t simple to understand but they are vital to how you listen to music as everything from music in restaurants to digital streaming is covered under it.
4. The Turtles vs. The World
When the U.S. government created the copyright act of 1909, it didn’t provide protection to sound recordings, which were scarce at the time. However, even as the recorded music industry grew, it was not added until 1972 and previous sound recordings were not placed under federal protection at that time.
This means that all sound recordings (not compositions, which are federally protected) are under a myriad of state laws. This came to a head in 2013 when members of The Turtles filed a lawsuit against satellite music service SiriusXM claiming that they were failing to pay royalties for publicly performing their music. However, since there is no federal protection, the lawsuit has instead been filed in a series of state courts, including New York, California and Florida.
To date, the band has actually scored several victories, with judges in California and New York both agreeing that there is likely a public performance right under their state’s laws. However, the Second Circuit has agreed to take the case, setting the stage for possible federal intervention in the lawsuit.
Why It’s Important: The wealth of music recorded before 1972 needs no introduction. This case, obviously, could have significant consequences regarding how, when, where and at what cost it is played.
But the potential implications go well beyond that. Serious questions arise as to how all federal laws apply to pre-1972 sound recordings, if they do at all. For example, the Digital Millennium Copyright Act, which protects hosts from liability for infringement by users, may not apply to such recordings. The issue was previously litigated, without a real resolution.
Why It Was Ignored: Like most music licensing elements, this is an arcane area of copyright law that has little direct impact on most people. Even explaining why pre-1972 sound recordings are treated different takes a great deal of time and energy. It also doesn’t help that the main lawsuit involves a band that isn’t as recognizable as the artists in the Blurred Lines case.
5. Dentures and Patents
A company named Align Technology holds a series of patents relating to the Invisalign system, which is used to straighten teeth. A company named ClearCorrect, however, began infringing on those patents by having its offices in Pakistan do the “staging” of the appliances, which are sent back to the United States for 3D printing.
The case was brought before the U.S. International Trade Commission (ITC) where Align Technology sought to block the “importation” of the patent infringing technology, even though the importing was purely digital. The ITC ruled that it could block that importation, giving itself the ability to block content from being imported to the U.S. via the Web. However, the case is now on appeal to the Federal Circuit Court of Appeals.
While this is a patent case, the movie industry and others are watching it closely to see how it could impact copyright as the ITC also is responsible for blocking the importing of copyright infringing goods. As such, if the ITC has the power to block patent-infringing works over the Web, it could theoretically do the same with copyright-infringing ones as well.
Why It’s Important: If the ITC is ruled to have the authority to block digital imports into the United States, this could lead the ITC having broad authority to block and limit copyright infringing material being transmitted to the United States. How this would be applied is unknown, but it would be a potentially far-reaching power for an organization that has had little attention paid to it in other copyright matters.
The ITC, for its part, is downplaying the significance, saying that it’s just “a case about teeth.” But while it may be a case about teeth, most agree it’s a case that potentially has teeth of its own.
Why It Was Ignored: The ITC is relatively obscure, patent law isn’t sexy and, as the ITC said, this is a case about teeth.
The case actually got more attention among the 3D printing community and has only recently been noticed at all by the copyright community, despite the clearly possible implications.
All in all, it’s a bizarre case that only impacts copyright in a roundabout way, but it could be a very big way.
6. Ironman, Ghostface Killah and Sampling
Finally, when the rapper Ghostface Killah released his albumSupreme Clientele, he twice used samples from the 1960s TV show The Marvel Super Heroes, in particular the Iron Man Theme. However, the composer of that theme, Jack Urbont, sued the rapper and his label, Sony, over the sampling saying they didn’t have his permission.
However, Sony hit back, not by just challenging the legitimately of the sample, but by claiming Urbont didn’t own the song. Urbont wrote the song for Marvel and was paid $3,000. However, he was not an employee of Marvel. Still, Sony argued that the song was a “work for hire” and that Marvel owned the rights to it. The judge recently agreed and awarded summary judgment to Sony, saying Urbont lacked the standing to sue.
What makes the case interesting because work for hire typically involves people who are direct employees, not independent contractors (at least not without explicit prior agreements, which there was none in this case). Further, Urbont not only was awarded a certificate of registration but, in 1990, in reached a settlement with Marvel that declared him the “owner” and Marvel the “licensee” of the song.
Why It’s Important: Work for hire is one of the thorniest issues on the web right now. More than ever people are working as independent contracts and consultants (myself included) often without explicit contracts, creating constant questions about who owns what.
This case, especially if this ruling stands, could be a major shift in the thinking about work for hire. An independent contractor with no agreement prior to start of work may no longer be the owner of the work, even if a settlement between them and their employer says so? It seems far-fetched, but the potential impact is very clear.
Why It Was Ignored: This one has been getting a fair amount of traction due to the big names involved, but the legal issues have largely fallen by the wayside. That’s because work for hire is very confusing and nuanced. Even the term “work for hire” is something of a misnomer.
While this case has a lot of elements for a great mainstream copyright story (well known musician, sampling, Marvel, super heroes, etc.) the legal issues it focuses on just aren’t as interesting as accusations of plagiarism and direct infringement.
Bottom Line
So, are all of these cases going to be major ones that shift the copyright landscape? Of course not. All of these are simply cases that have implications far beyond the dispute at hand and are being weighed on right now (or were very recently settled).
The problem with the Blurred Lines case is that, while it was very interesting, the ruling hinged on the specific facts, which were very unique to that case. It was a very sexy case for the media, with big names and big damages, but it is most likely a one-off deal, something that won’t be replicated (assuming it even survives appeal).
These cases, depending upon the outcome, could have drastic impacts for other content creators and content consumers alike. While the impact is impossible to predict beforehand, the potential is there.
So, while the media likes to obsess over celebrity feuds and allegations of plagiarism, the truth is that the cases that may actually make copyright history are lurking just under the surface.
Develop Design Principles and Techniques and Processes for Designing Products
Give examples of how formal elements and principles of:
• Balance Balance is the distribution of the visual weight of objects, colors, texture, and space.
If the design was a scale, these elements should be balanced to make a design feel
stable. In symmetrical balance, the elements used on one side of the design are
similar to those on the other side; in asymmetrical balance, the sides are different
but still look balanced. In radial balance, the elements are arranged around a central
point and may be similar.
The illustration shows how Balance can be used in design to show scale
• Proportion
• Rhythm
• Emphasis
• Unity are applied in the design of products
Describe how formal elements and principles of design are visible in the work of two major designers
Examples of query criteria Applies To: Access 2010 , Access 2007
When you want to limit the results of a query based on the values in a field, you use query criteria. A query criterion is an expression that Access compares to query field values to determine whether to include the record that contains each value. For example, = "Chicago" is an expression that Access can compare to values in a text field in a query. If the value for that field in a given record is "Chicago", Access includes the record in the query results.
This topic lists several examples of query criteria. It assumes that you are familiar with designing simple select queries.
A criterion is similar to a formula — it is a string that may consist of field references, operators, and constants. Query criteria are also referred to as expressions in Microsoft Office Access 2007.
The following tables shows some sample criteria and explains how they work.
Criteria
Description
>25 and <50
This criterion applies to a Number field, such as Price or UnitsInStock. It includes only those records where the Price or UnitsInStock field contains a value greater than 25 and less than 50.
DateDiff ("yyyy", [BirthDate], Date()) > 30
This criterion applies to a Date/Time field, such as BirthDate. Only records where the number of years between a person's birthdate and today's date is greater than 30 are included in the query result.
Is Null
This criterion can be applied to any type of field to show records where the field value is null.
As you can see, criteria can look very different from each other, depending on the data type of the field to which they apply and your specific requirements. Some criteria are simple, and use basic operators and constants. Others are complex, and use functions, special operators, and include field references.
This topic lists several commonly used criteria by data type. If the examples given in this topic do not address your specific needs, you might need to write your own criteria. To do that, you must first familiarize yourself with the full list of functions, operators, special characters, and the syntax for expressions referring to fields and literals. For more information, see the articles listed in the See also section.
Here, you will see where and how you add the criteria. To add a criteria to a query, you must open the query in Design view. You then identify the fields for which you want to specify criteria. If the field is not already in the design grid, you add it by either dragging it from the query design window to the field grid, or by double-clicking the field (Double-clicking the field automatically adds it to the next empty column in the field grid.). Finally, you type the criteria in the Criteria row
Criteria that you specify for different fields in the Criteria row are combined by using the AND operator. In other words, the criteria specified in the City and BirthDate fields are interpreted like this:
City = "Chicago" AND BirthDate < DateAdd (" yyyy ", -40, Date())
1. The City and BirthDate fields include criteria.
2. Only records where the value of the City field is Chicago will satisfy this criterion.
3. Only records of those who are at least 40 years old will satisfy this criterion.
4. Only records that meet both criteria will be included in the result.
What if you want only one of these conditions to be met? In other words, if you have alternate criteria, how do you enter them?
If you have alternate criteria, or two sets of independent criteria where it is sufficient to satisfy one set, you use both the Criteriaand the or rows in the design grid.
1. The City criterion is specified in the Criteria row.
2. The BirthDate criterion is specified in the or row.
Criteria specified in the Criteria and or rows are combined using the OR operator, as shown below:
City = "Chicago" OR BirthDate < DateAdd (" yyyy ", -40, Date())
If you need to specify more alternatives, use the rows below the or row.
Before you continue with the examples, note the following:
If the criteria is temporary or changes often, you can filter the query result instead of frequently modifying the query criteria. A filter is a temporary criterion that changes the query result without altering the design of the query. For more information about filters, see the article Filter: Limit the number of records in a view.
If the criteria fields don't change, but the values you are interested in do change frequently, you can create a parameter query. A parameter query prompts the user for field values, and then uses those values to create the query criteria. For more information about parameter queries, see the article Use parameters in queries and reports. Criteria for Text, Memo, and Hyperlink fields
The following examples are for the CountryRegion field in a query that is based on a table that stores contacts information. The criterion is specified in the Criteria row of the field in the design grid.
A criterion that you specify for a Hyperlink field is, by default, applied to the display text portion of the field value. To specify criteria for the destination Uniform Resource Locator (URL) portion of the value, use the HyperlinkPart expression. The syntax for this expression is as follows: HyperlinkPart([Table1].[Field1],1) = "http://www.microsoft.com/", where Table1 is the name of the table containing the hyperlink field, Field1 is the hyperlink field, and http://www.microsoft.com is the URL you want to match.
To include records that...
Use this criterion
Query result
Exactly match a value, such as China
"China"
Returns records where the CountryRegion field is set to China.
Do not match a value, such as Mexico
Not "Mexico"
Returns records where the CountryRegion field is set to a country/region other than Mexico.
Begin with the specified string, such as U
Like U*
Returns records for all countries/regions whose names start with "U", such as UK, USA, and so on.
NOTE: When used in an expression, the asterisk (*) represents any string of characters — it is also called a wildcard character. For a list of such characters, see the article Access wildcard character reference.
Do not begin with the specified string, such as U
Not Like U*
Returns records for all countries/regions whose names start with a character other than "U".
Contain the specified string, such as Korea
Like "*Korea*"
Returns records for all countries/regions that contain the string "Korea".
Do not contain the specified string, such as Korea
Not Like "*Korea*"
Returns records for all countries/regions that do not contain the string "Korea".
End with the specified string, such as "ina"
Like "*ina"
Returns records for all countries/regions whose names end in "ina", such as China and Argentina.
Do not end with the specified string, such as "ina"
Not Like "*ina"
Returns records for all countries/regions that do not end in "ina", such as China and Argentina.
Contain null (or missing) values
Is Null
Returns records where there is no value in the field.
Do not contain null values
Is Not Null
Returns records where the value is not missing in the field.
Contain zero-length strings
"" (a pair of quotes)
Returns records where the field is set to a blank (but not null) value. For example, records of sales made to another department might contain a blank value in the CountryRegion field.
Do not contain zero-length strings
Not ""
Returns records where the CountryRegion field has a nonblank value.
Contains null values or zero-length strings
"" Or Is Null
Returns records where there is either no value in the field, or the field is set to a blank value.
Is not empty or blank
Is Not Null And Not ""
Returns records where the CountryRegion field has a nonblank, non-null value.
Follow a value, such as Mexico, when sorted in alphabetical order
>= "Mexico"
Returns records of all countries/regions, beginning with Mexico and continuing through the end of the alphabet.
Fall within a specific range, such as A through D
Like "[A-D]*"
Returns records for countries/regions whose names start with the letters "A" through "D".
Match one of two values, such as USA or UK
"USA" Or "UK"
Returns records for USA and UK.
Contain one of the values in a list of values
In("France", "China", "Germany", "Japan")
Returns records for all countries/regions specified in the list.
Contain certain characters at a specific position in the field value
Right([CountryRegion], 1) = "y"
Returns records for all countries/regions where the last letter is "y".
Satisfy length requirements
Len([CountryRegion]) > 10
Returns records for countries/regions whose name is more than 10 characters long.
Match a specific pattern
Like "Chi??"
Returns records for countries/regions, such as China and Chile, whose names are five characters long and the first three characters are "Chi".
NOTE: The characters ? and _, when used in an expression, represent a single character — these are also called wildcard characters. The character _ cannot be used in the same expression with the ? character, nor can it be used in an expression with the * wildcard character. You may use the wildcard character _ in an expression that also contains the %wildcard character.
Criteria for Number, Currency, and AutoNumber fields
The following examples are for the UnitPrice field in a query that is based on a table that stores products information. The criterion is specified in the Criteria row of the field in the query design grid.
To include records that...
Use this criterion
Query Result
Exactly match a value, such as 100
100
Returns records where the unit price of the product is $100.
Do not match a value, such as 1000
Not 1000
Returns records where the unit price of the product is not $1000.
Contain a value smaller than a value, such as 100
< 100 <= 100
Returns records where the unit price is less than $100 (<100). The second expression (<=100) displays records where the unit price is less than or equal to $100.
Contain a value larger than a value, such as 99.99
>99.99 >=99.99
Returns records where the unit price is greater than $99.99 (>99.99). The second expression displays records where the unit price is greater than or equal to $99.99.
Contain one of the two values, such as 20 or 25
20 or 25
Returns records where the unit price is either $20 or $25.
Contain a value that falls with a range of values
>49.99 and <99.99 -or- Between 50 and 100
Returns records where the unit price is between (but not including) $49.99 and $99.99.
Contain a value that falls outside a range
<50 or >100
Returns records where the unit price is not between $50 and $100.
Contain one of many specific values
In(20, 25, 30)
Returns records where the unit price is either $20, $25, or $30.
Contain a value that ends with the specified digits
Like "*4.99"
Returns records where the unit price ends with "4.99", such as $4.99, $14.99, $24.99, and so on.
NOTE: The characters * and %, when used in an expression, represent any number of characters — these are also called wildcard characters. The character % cannot be used in the same expression with the * character, nor can it be used in an expression with the ? wildcard character. You may use the wildcard character % in an expression that also contains the _ wildcard character.
Contain null null (or missing) values
Is Null
Returns records where no value is entered in the UnitPrice field.
Contain non-null values
Is Not Null
Returns records where the value is not missing in the UnitPrice field.
Criteria for Date/Time fields
The following examples are for the OrderDate field in a query based on a table that stores Orders information. The criterion is specified in the Criteria row of the field in the query design grid.
To include records that ...
Use this criterion
Query result
Exactly match a value, such as 2/2/2006
#2/2/2006#
Returns records of transactions that took place on Feb 2, 2006. Remember to surround date values with the # character so that Access can distinguish between date values and text strings.
Do not match a value, such as 2/2/2006
Not #2/2/2006#
Returns records of transactions that took place on a day other than Feb 2, 2006.
Contain values that fall before a certain date, such as 2/2/2006
< #2/2/2006#
Returns records of transactions that took place before Feb 2, 2006.
To view transactions that took place on or before this date, use the <= operator instead of the < operator.
Contain values that fall after a certain date, such as 2/2/2006
> #2/2/2006#
Returns records of transactions that took place after Feb 2, 2006.
To view transactions that took place on or after this date, use the >= operator instead of the > operator.
Contain values that fall within a date range
>#2/2/2006# and <#2/4/2006#
Returns records where the transactions took place between Feb 2, 2006 and Feb 4, 2006.
You can also use the Between operator to filter for a range of values, including the end points. For example, Between #2/2/2006# and #2/4/2006# is the same as >=#2/2/2006# and <=#2/4/2006# .
Contain values that fall outside a range
<#2/2/2006# or >#2/4/2006#
Returns records where the transactions took place before Feb 2, 2006 or after Feb 4, 2006.
Contain one of two values, such as 2/2/2006 or 2/3/2006
#2/2/2006# or #2/3/2006#
Returns records of transactions that took place on either Feb 2, 2006 or Feb 3, 2006.
Contain one of many values
In (#2/1/2006#, #3/1/2006#, #4/1/2006#)
Returns records where the transactions took place on Feb 1, 2006, March 1, 2006, or April 1, 2006.
Contain a date that falls in a specific month (irrespective of year), such as December
DatePart("m", [SalesDate]) = 12
Returns records where the transactions took place in December of any year.
Contain a date that falls in a specific quarter (irrespective of year), such as the first quarter
DatePart("q", [SalesDate]) = 1
Returns records where the transactions took place in the first quarter of any year.
Contain today's date
Date()
Returns records of transactions that took place on the current day. If today's date is 2/2/2006, you see records where the OrderDate field is set to Feb 2, 2006.
Contain yesterday's date
Date()-1
Returns records of transactions that took place the day before the current day. If today's date is 2/2/2006, you see records for Feb 1, 2006.
Contain tomorrow's date
Date() + 1
Returns records of transactions that took place the day after the current day. If today's date is 2/2/2006, you see records for Feb 3, 2006.
Contain dates that fall during the current week
DatePart("ww", [SalesDate]) = DatePart("ww", Date()) and Year( [SalesDate]) = Year(Date())
Returns records of transactions that took place during the current week. A week starts on Sunday and ends on Saturday.
Returns records of transactions that will take place next week. A week starts on Sunday and ends on Saturday.
Contain a date that fell during the last 7 days
Between Date() and Date()-6
Returns records of transactions that took place during the last 7 days. If today's date is 2/2/2006, you see records for the period Jan 24, 2006 through Feb 2, 2006.
Contain a date that belongs to the current month
Year([SalesDate]) = Year(Now()) And Month([SalesDate]) = Month(Now())
Returns records for the current month. If today's date is 2/2/2006, you see records for Feb 2006.
Returns records for the next quarter. If today's date is 2/2/2006, you see records for the second quarter of 2006.
Contain a date that falls during the current year
Year([SalesDate]) = Year(Date())
Returns records for the current year. If today's date is 2/2/2006, you see records for the year 2006.
Contain a date that belongs to the previous year
Year([SalesDate]) = Year(Date()) - 1
Returns records of transactions that took place during the previous year. If today's date is 2/2/2006, you see records for the year 2005.
Contain a date that belongs to next year
Year([SalesDate]) = Year(Date()) + 1
Returns records of transactions with next year's date. If today's date is 2/2/2006, you see records for the year 2007.
Contain a date that falls between Jan 1 and today (year to date records)
Year([SalesDate]) = Year(Date()) and Month([SalesDate]) <= Month(Date()) and Day([SalesDate]) <= Day (Date())
Returns records of transactions with dates that fall between Jan 1 of the current year and today. If today's date is 2/2/2006, you see records for the period Jan 1, 2006 to to 2/2/2006.
Contain a date that occurred in the past
< Date()
Returns records of transactions that took place before today.
Contain a date that occurrs in the future
> Date()
Returns records of transactions that will take place after today.
Filter for null (or missing) values
Is Null
Returns records where the date of transaction is missing.
Filter for non-null values
Is Not Null
Returns records where the date of transaction is known.
Criteria for other fields
Yes/No fields In the Criteria row, type Yes to include records where the check box is selected. Type No to include records where the check box is not selected.
Attachments In the Criteria row, type Is Null to include records that do not contain any attachments. Type Is Not Null to include records that contain attachments.
Lookup fields There are two types of Lookup fields: those that look up values in an existing data source (by using a foreign key), and those that are based on a list of values specified when the Lookup field is created.
Lookup fields that are based on a list of specified values are of the Text data type, and valid criteria are the same as for other text fields.
The criteria you can use in a Lookup field based on values from an existing datasource depend on the data type of the foreign key, rather than the data type of the data being looked up. For example, you may have a Lookup field that displays Employee Name, but uses a foreign key that is of the Number data type. Because the field stores a number instead of text, you use criteria that work for numbers; that is, >2.
If you do not know the data type of the foreign key, you can inspect the source table in Design view to determine the data types of the field. To do this:
Locate the source table in the Navigation Pane.
Open the table in Design view by either:
Clicking the table, and then pressing CTRL+ENTER
Right-clicking the table, and then clicking Design View.
The data type for each field is listed in the Data Type column of the table design grid.
Multivalued fields Data in a multivalued field are stored as rows in a hidden table that Office Access 2007 creates and populates to represent the field. In query Design view, this is represented in the Field List by using an expandable field. To use criteria for a multivalued field, you supply criteria for a single row of the hidden table. To do this:
Create a query containing the multivalued field, and open it in Design view.
Expand the multivalued field by clicking the plus symbol (+) next to it — if the field is already expanded, this is a minus symbol (-). Just below the name of the field, you will see a field representing a single value of the multivalued field. This field will have the same name as the multivalued field, with the string .Value appended.
Drag the multivalued field and its single value field to separate columns in the design grid. If you want to see only the complete multivalue field in your results, clear the Show check box for the single value field.
Type your criteria in the Criteria row for the single value field, using criteria that is appropriate for whatever type of data the values represent.
Each value in the multivalued field will be individually evaluated using the criteria you supply. For example, you may have a multivalued field that stores a list of numbers. If you supply the criteria >5 AND <3, any record where there is at least one value greater than 5 and one value less than 3 will match.
Recently, a jury awarded the estate of Marvin Gay $7.4 million in the Blurred Lines case, sparking a firestorm of publicity and media attention. With this attention came a lot of dire predictions about how the case would be the end of creativity in the music industry and could possibly kill off entire genres of music.
In the month since the Blurred Lines verdict,this case has been settled. Nonetheless, this case represents a fairly significant shift in thinking regarding the idea of laches and copyright.
In 2010 Oracle filed a lawsuit against Google claiming that the search giant violated their copyrights and patents in the creation of the Android mobile operating system.
In 1941 the Department of Justice (DOJ) settled a lawsuit against the American Society of Composers, Authors and Publishers (ASCAP), a performing rights organization (PRO) that oversees royalties collected regarding performances of a musical composition. That settlement resulted in a consent decree that places strong restrictions on how ASCAP could operate and created a rate court system to settle royalty disputes.
When the U.S. government created the copyright act of 1909, it didn’t provide protection to sound recordings, which were scarce at the time. However, even as the recorded music industry grew, it was not added until 1972 and previous sound recordings were not placed under federal protection at that time.
A company named Align Technology holds a series of patents relating to the Invisalign system, which is used to straighten teeth. A company named ClearCorrect, however, began infringing on those patents by having its offices in Pakistan do the “staging” of the appliances, which are sent back to the United States for 3D printing.
Finally, when the rapper Ghostface Killah released his albumSupreme Clientele, he twice used samples from the 1960s TV show The Marvel Super Heroes, in particular the Iron Man Theme. However, the composer of that theme, Jack Urbont, sued the rapper and his label, Sony, over the sampling saying they didn’t have his permission.
