English Copyright Law

English Copyright Law English copyright law does not protect ‘ideas but the ways in which these ideas are expressed. This was established in Harman Pictures NV v Osborne (1967) and recently affirmed in the case involving the Da Vinci Code novel, Baigent and Leigh v The Random House Group (2006).Where the work has been literally reproduced there can be no question of copying. However, difficulty arises where use is made of subtle aspects of style, commonly referred to as ‘non textual copying. The impact that copyright law has had on the computer industry and internet use has also led to much discussion about the effectiveness of the law in this dynamic and ever changing area. The courts, who see the matter as being one of degree, continue to adopt a narrow perspective on what constitutes infringement of copyright. The Copyright Designs and Patents Act 1988 aims to protect work in the following categories: literary, musical, dramatic, typographical arrangement and artistic. The Copyright Computer Program Regulations 1992 included computer programs within the list of literary works along with books and song lyrics. The protection afforded by the Act includes prohibition against any work in the above categories being copied, adapted or distorted without the consent of the copyright owner. Based on s16 of the CDPA 1998 the court has formulated the following test to establish whether there has been an infringement of copyright. Firstly, the work for which copyright protection is being claimed must be clearly identified and established as original. Secondly there must be evidence that this original work has been copied. Thirdly, if the work has been copied, then the courts must decide whether a substantial part of the work has been reproduced. This test was outlined by Jacob J In Ibcos Computers Ltd v Barclays Mercantile Highland Finance Ltd (1994). The defendant created a computer accounting package and licensed it to the claimant. Together, they later marketed the package as (ADS) under the company name PK Ltd where the defendant was the sole employee and Managing Director. The defendant then left the company and joined a competitor as a consultant. There he wrote a programme called ‘Unicorn designed to compete with (ADS). Later the Claimants claimed the Unicorn was developed from (ADS) and therefore infringed their copyright. The court held that (ADS) was a compilation and that copyright existed in the individual programs, their various modifications as well as the whole suite. On comparing Unicorn and (ADS) there appeared to be overwhelming evidence of copying. The latter was an enhancement of the former and not an independent creation. In the absence of independent evidence similarities were due to copying as opposed to the defendants individual programming style. The striking similarities in the interaction of individual components in both packages caused the court to conclude that the ‘substantial part arm of the copyright infringement test had been satisfied. The copyright in the whole (ADS) package as well as the individual copyrights had been infringed. In arriving at his decision, Jacob J provided some guidance on general and detailed ideas rejecting the analysis in the earlier case of John Richardson Computers v Flanders (1993) where the American model for assessing infringement was adopted. He held that this was an incorrect approach which would lead to unnecessary complications. ‘For myself I do not find the route of going via United States case law particularly helpful. It is likely to lead to [the] over citation of United States authority based on a statute different from ours. In the end the matter must be left to the value judgment of the court He dissented from the view held by Judge Baker in Total Information Processing Systems Ltd v Daman Ltd (1992) and was of the opinion that the table of contents of a novel could be compared to the data division component of a computer programme. They could both be integral to the success of the work and sufficient to constitute a detailed idea. They could also constitute a substantial part of the work depending on the skill labour and judgement involved their compilation. In deciding whether a substantial part of a work has been copied one must look at the words of a novel and source code of a computer program as well as other factors such as, the plot of a novel and general structure of a computer programme. He held, ‘I therefore think it right to have regard in this case not only toà ¢Ã¢â€š ¬Ã‚ ¦literal similarities but also to à ¢Ã¢â€š ¬Ã‚ ¦ program structure and design features Later on in his judgment he questioned whether copyright subsisted in the ‘design features of the programme as highlighted by the plaintiff. In any event he was of the opinion that even if they could be afforded copyright protection the ideas were not detailed enough to form a substantial part of the work. ‘We are here at a level of generality where there is little of the programmers skill, labour and judgment. Even if the set were copyright, the mere taking of those functions would not be an infringement-it would be the taking of a mere general idea or scheme In relation to the contention that if there is only one way of expressing an idea that way cannot be subject to copyright, Jacob J held that this was an error and copyright could still exist. Again dissenting from the opinion of Judge Baker in Total he submitted that Kenrick v Lawrence (1890) was not authority for this proposition. In the Kenrick case the issue was whether copyright existed in the picture of a hand showing voters how to vote. He held that this was an idea and the decision in this case is authority only for the proposition that there is no copyright in an idea as a different picture displaying the same idea would not constitute infringement. Speaking directly about general and detailed ideas, Jacob J asserted that in relation to all work, ‘The true position is that where an idea is sufficiently general, then even if an original work embodies it, the mere taking of that idea will not infringe. But if the idea is detailed, then there may be infringement. It is a question of degree It is therefore important to assess how the courts have set out to separate the expression of the idea in detail from the general idea itself. It seems that in the former, attention is given to finer details of the work. In the final analysis, a balancing act must be performed to protect the author of the idea and encourage literary and technological innovation. Over the past decade there have been many cases involving the protection of computer source and object codes much like an author would seek to protect the words of a book. In John Richardson Computers v Flanders the courts extended the concept of an idea to include user interfaces stating that the way a program is used and responds to a user should also be copyrighted. Here the plaintiffs claimed that the defendants had copied the ‘look and feel of their computer software developed for the pharmaceutical industry. However as computer use became more widespread courts had to reconsider copyrighting ‘look and feel or ‘business logic of programs. This was highlighted in the case of Navitaire Inc v Easyjet Airline Co Ltd (2004) where Navitaire claimed that Easyjet online ticketless booking system eRes was a copy of their original programme, Openres. Navitaire owned the copyright in the source code for the computer programme and did not allege at any time during the case that this was copied. The allegation centred on the fact that eRes was almost indistinguishable from OpenRes in relation to the ‘user interface or interaction between user and programme. The Plaintiffs alleged non textual copying in relation to the ‘look and feel of running OpenRes, user commands to achieve particular results and screen reports in response to user instructions. Copying was alleged of the whole of OpenRes or the various modules that make up the system. What was further considered in this case was whether there could be an infringement where two computer programs produce the same results but the author of the latter had no information of the former apart from the end function. In this scenario the question arises as to whether the general idea alone has been copied or something more detailed. No infringement was found in Navitaire and it was held that to side with the plaintiffs in this case would be â€Å"an unjustifiable extension of copyright protection†. Simon Stokes in The development of UK software copyright law notes, ‘In light of Navitaire, the chances of a successful software copyright look and feel case appear limited unless there is a clear misappropriation of a copyright workà ¢Ã¢â€š ¬Ã‚ ¦ or underlying source code. In Nova Productions Ltd v Mazooma Games Ltd (2006) the restrictive approach in Navitaire was reaffirmed. Here the defendant produced a computer programme based on the game of pool that was similar to that of the plaintiff although he had no access to the original source codes. Again the plaintiff here alleged that although the computer programme language or sources were not copied, the user interface or ‘look and feel of the programme was. It was held that parts of the computer programme copied were of a â€Å"high level of generality or abstraction†, common in the industry and did not form a substantial part of the program itself. The court agreed with the Navitaire judgement and stated, â€Å"merely making a programme which will emulate another but which in no way involves copying the programme code or any of the programs graphics is legitimate† The present state of the law is that copying the end result of a computer programme in itself does not constitute infringing its copyright. In both Navitaire and Nova, the court included in its judgement the provisions of the Software Directive recitals 13-15. The Directive provides that, the expression of a computer program is protected but ideas and principles which underlie any element of a program or its interfaces are not. Many believe that spells bad news for creators and brand owners. In the European Intellectual Property Review, Peter Nunn states, ‘As the law currently stands, non-textual copying claims in the software field appear doomed: ideas and user interfaces can seemingly be freely copied It would be useful to consider the courts approach in other cases regarding protected work. In the case of Green v Broadcasting Corporation of New Zealand [1989] the issue of general and detailed ideas were also discussed in relation to a television broadcast. Here the British presenter Hughie Green sought to sue a New Zealand television station for copyright infringement of the format of his game show, Opportunity Knocks. The English Privy Council however rejected this attempt to claim that the format was a dramatic work, asserting that there was no copyright in an idea and the format as presented was ‘conspicuously lacking in certainty. This has led to difficulties in the television industry in relation to protecting various unscripted game show formats however unique and original they might be. Lord Bridge stated that there was, â€Å"difficulty [in] the concept that a number of allegedly distinctive features of a television series can be isolated from the changing material presented in each separate performance (the acts of the performers in the talent show, the question and answers in the quiz show etc.) and identified as an â€Å"original dramatic work† In the more recent case of Miles v ITV Network (2004) again involving television format rights it does not appear that English copyright law has moved any further forward. The claimant James Miles supplied ITV with promotional material for a cartoon programme where the main characters were a traffic light and traffic furniture. Later, ITV launched a programme called Dream Street where a recovery truck was the main character. Although Mr Miles conceded that the look and feel of the two programmes were very different, there were similarities between the characters and the presence of traffic equipment. However, the creator of Dream Street produced evidence to show that his work had been in existence before Mr Miles sent his material to ITV. The appeal was dismissed on the basis that the only similarity between he two programmes being the use of traffic equipment meant that the claim was ‘hopelessly weak Mr Justice Laddie in IPC Media Ltd v Highbury-SPL Publishing Ltd [2004] drew on the Green case in his ruling on whether IPCs Ideal Home Magazines design, subject matter and presentational style had been copied. Perhaps it is the presentation of its case in this manner that caused the judge to conclude that what they were trying to protect was the general idea behind the magazine as opposed to the expression in the idea evidenced by the detail, in content cover and articles. Justice Laddie quoted from the Green Judgement as follows: ‘The protection which copyright gives, creates a monopoly and there must be certainty in the subject matter of such monopoly in order to avoid injustice to the rest of the world: The issue here is of course as with television programmes magazine formats remain skeletal as to allow a dimension of spontaneity and creativity within the series. It is therefore difficult to pinpoint a detailed format and attach a copyright to it if details change monthly or even weekly. Justice Laddie concluded that the design techniques used by IPC were common in the industry and could have been applied by anyone designing a home magazine. Because the nature of a magazines cover and contents is to keep the buyer interested by constantly changing various features, it was difficult for IPC to state clearly what had been copied. No infringement was held to have taken place and again the English courts refused to extend copyright protection to general ideas. Justice Laddie concluded, â€Å"à ¢Ã¢â€š ¬Ã‚ ¦even if, contrary to my findings, Highbury had been â€Å"inspired† in some of its design choices by what it saw in IDEAL HOME, it would have been at far too high a level of generality to amount to infringement of copyright.† The plaintiffs in IPC struggled to prove their case for copyright protection and may have succeeded if they had alleged ‘passing off as their focus seemed to be on a visual comparison of the two magazines. This matter was addressed in Designer Guild Limited v. Russell Williams (Textiles) Limited (Trading As Washington Dc) [2000] and referred to in the IPC judgement as well as other subsequent cases. Here both parties were designers of wallpapers and fabrics. The plaintiffs alleged infringement of one of their designs. The trial judge found that the defendants had access to the original work and had copied a substantial part of it. The defendants appealed to the Court of Appeal who after making a visual comparison held that the two designs were not sufficiently similar and highlighted a number of differences. The Court of Appeal held that although there was some copying this did not form a substantial part of the work and therefore allowed the appeal. The claimants then appealed to the House of Lords who agreed with the initial trial judges decision that the copied features formed a substantial part of the plaintiffs work. Lord Millet commented that the judge who found for the defendants in the Court of Appeal erred in his approach as he treated what was a copyright case as though the claim was one for ‘passing off. If passing off had been alleged, it would have been sufficient for the court to have used visual similarities as a main point of comparison as here the charge would have been the defendants taking the plaintiffs goods and trying to ‘pass them off as their own. Where there is insufficient similarity on a visual inspection the action will fail. In the case of copyright however, the preoccupation is not with the appearance of the defendants work but with its origin. In the area of film, the extent of protection offered by copyright law has also been discussed in Christoffer v Poseidon Film Distributors Ltd [1999]. Here the court had to decide amongst other matters whether Mr Chistoffers copyright in the film script of the story of the Cyclops based on Book IX of Homers Odyssey had been infringed by the film production company Poseidon. On the basis that there was evidence of direct copying and adaptation of the Cyclops script in which Mr Christoffer held the copyright, infringement was found on the part of Poseidon. Justice Parks highlighted that words in the final script do not have to be identical in order for there to be sufficient evidence of copying. ‘In the context of a literary work the concept of copying embraces taking the content of the work, or of a substantial part of it, and reproducing it, whether or not the alleged infringer reproduces the content by using the original authors words or by using his own words In relation to books, protecting the expression of ideas was discussed in Harman Pictures v Osborne (1967) where an injunction was granted to restrain the production of a film on the grounds that it infringed the copyright in the claimants book as phrases and expressions were directly copied and they both ended with exactly the same quotation. Baigent and Leigh v The Random House Group (2007) is the most recent case in which the court have had to decide on the issue of copyright in books and whether a substantial part of a work had been reproduced. The claimants were publishers of a 1992 book, the Holy Blood and the Holy Grail and the defendants the publishers of Dan Browns 2003 novel entitled Da Vinci Code. Baigent and Leigh contended that in writing six chapters of Da Vinci Code a substantial part of their work had been copied. The claim was dismissed at trial however the claimant were granted leave to appeal to the Court of Appeal. Mr Justice Smith who heard the case in the first instance agreed that the six chapters highlighted were based largely on the claimants work but still went on to reject the copyright claim. Lord Justice Floyd in the appeal judgement reiterated how the courts would assess a claim for breach of copyright in a literary work. Firstly if there was material in both an early and later work and the author of the later had access to the former, an inference of copying is made. The court would then look closely at the material to establish if there was in fact any copying and whether this amounted to a substantial part. Baigent and Leigh did not contend that the text of their work was copied directly or that it was in some way adapted. The claim was that Dan Brown had copied the ‘theme of their work in his novel. The courts therefore had to decide whether the theme was protected by copyright bearing in mind the established law that copyright does not subsist in ideas but the expression of these ideas. Dan Brown did not deny that there was a similarity in theme between the two works but contended that he derived this material from other sources. Dan Brown also argued that if the claimants work had been used, the part copied was at a high level of generality and for this same reason could not be said to constitute a substantial part of the claimants work. The judge concluded that a central theme did not exist in the original work as if it did, it would have been recorded somewhere. â€Å"If it was one would have expected at least to find somewhere a statement that this is the Central Theme. This is where the Green case [Green v Broadcasting Corporation of New Zealand [1989] RPC 700] is relevant.† He went on to conclude that if there was such a theme it was too generalised and therefore on the wrong side of the line between ideas and their expression. The judge held that the claimants failed to show structure and architecture to their scheme which remained a number of facts, ideas and assertions. This being the case, there is insufficient evidence of the skill labour and judgement needed in order to attach copyright to it. On appeal, Lord Mummery agreed with the courts decision and dismissed the appeal after clarifying the need to separate issues of copyright subsistence and infringement. The issue was not whether what was outlined by the Claimant as a central theme was copyrightable but whether it had been copied and whether it formed as a substantial part of the original work. It is in relation to these two points that the judges found the claimants had failed to establish their case. The above cases highlight the complexities faced by claimant, defendant and judge in protecting copyright in any given work. The efforts expounded in the original work and the need to encourage creativity are both in fierce competition with each other. Simon Stokes seems to suggest the reason for this balancing act is because, ‘à ¢Ã¢â€š ¬Ã‚ ¦go too far one way and innovation is stifled because the public domain of ideas is encroached upon; go too far the other way and copyright creators may be disinclined to create copyright works if the law does not adequately protect their works Non textual copying where there is no clear evidence of a direct reproduction of the work will continue to be difficult to prove for so long as it is the expression of the idea that attracts copyright and not the idea itself. In relation to magazine and TV industries, the IPC case indicates that it would be extremely difficult to succeed in a copyright claim where there are changing formats envisaged. Peter Nunn States, Laddie J. found that so many elements of the â€Å"format† which the claimants sought to protect were commonplace, including the strapline on the front coverà ¢Ã¢â€š ¬Ã‚ ¦that he arguably shut the door on future claims to protect a magazines format It would be fair to say especially on analysing the Baigent judgement that the ideaexpression dichotomy works on two levels, both in relation to copyright subsistence and also to its infringement. In relation to subsistence the courts continue to assert that there can be no copyright in a general idea as was the case in Green and IPC. In relation to copyright infringement, Baignet shows that taking a general idea in a copyright work will not constitute infringement. The balance to be struck by the court appears to be a ‘work in itself as the facts of each case must be carefully examined as what may appear to be an expression is only an idea due to its generality, the fact that it could have been obtained from a number of other sources or it is common practice in a particular industry. What follows in establishing infringement is the concept of substantiality which the courts assess by weighing the amount of skill and judgement applied to the original work. Perhaps Chen Lin Saw rightly observes in Protecting the Sound of Silence in 433†, ‘While the idea-expression dichotomy is well established in copyright law and is easy to state in theory, its actual application in practice is still masked by a cloud of mystery and uncertainty

Directions in Language Essay

On this essay we are going to expressly talk on promoting Academic Success for ESL Students and also understanding second language acquisition for school, I will take my time to explain Linguistic processes and discusses the linguistic processes of first and second language acquisition. First language acquisition is a complex, lifelong process. And I will also explain in detail the influential factors of social and cultural processes on all aspects of linguistic, cognitive, and academic development. Students that are in English speaking Countries, who English language is very new to need to acquire profiency in the language, and this same student need to learn some things in addition such as, to learn a range of academic content, some of which they are very new to. Now let us look through these major model factors. The model defines factors that enable predictions to be made regarding English learners’ degree of second language acquisition in an academic context. Taking a critical look from the authors angle describe in detail the dimensions and components of the model and gives more clearly several currently popular types of education programs for English language learners in the United States. Such as their degree of adherence to the model. Finally, we compare the predictions of the model, using predicted rankings of relative program success, to the actual measured effectiveness of each program in producing varying degrees of English learners’ achievement gap closure with mother tongue-English speakers. Promoting Academic Success for ESL Students We are going to look critically at, why is necessary to promote academic success for ESL students and Understanding second language acquisition for school. In the recent research by (Thomas & Collier, 1995) shows that when examining interactions among student background you can deduce the difference in treatment and variables and their influence on student outcomes. The two-way bilingual education at the elementary school level which was found has giving a promising program model for the long-term academic success for language minority students. Language acquisition over the years has recently become a thing of necessity for every ESL students, acquiring language as a major tool for effective learning and successful years of study. In a scenario ESL student in country such as USA. It becomes a must for such a student to learn second language, if not it will be a little bit difficulty for such a student to learn fast and even relate with other friends around. ESL students must be encouraged to relate with English speakers and language minority students learning academically through each others’ languages. (Virginia, George Mason University, 1995). Perceptions among staff, students, and parents that it is a gifted and talented program, leading to high expectations for student performance with this kind of influence given to both languages a level of language stability would be achieved to a large extent creating self-confidence among language minority students. The duty of parents to promote both language minority and language majority for closer home-school cooperation can not be over emphasized to help in promoting the influence academic success for ESL Student, their must be cordial relationship between ESL students and Teachers/lectures or between ESL students and other colleagues and more so between wards/guardian and ESL students and the school authorities. We must watchfully guide against racism around us and protect the interest of ESL Students. The continuous support for staff development, emphasizing whole language approaches, natural language acquisition through all content areas, cooperative learning, interactive and discovery learning, and cognitive complexity of the curriculum for all proficiency levels. . (Virginia, George mason university, 1995). The linguistic processes of first and second language acquisition: The lifelong process: For us to really understand the progresses in language acquisition during the school years, it is expedient to recognize the complex, lifelong processes we actually go through to acquire our first language and second language acquisition in parallel processes. The complex oral language development system from birth to age five is universal, without any physical disabilities or isolation from humans. But the most talented five-year-old child entering pre-nursery is not yet half-way through the process of first language development. Research heard it that Children from ages 6 to 12 will continue to acquire steady or continuous distinctions, formal discourse patterns, vocabulary, syntax, semantics, and complex aspects of pragmatics in the oral system of their first language (Berko Gleason, 1993). More so, children that are properly brought up in this level adding reading and writing to the language of listening and speaking across the globe are usually very intelligent, skilled and increase in grades level and a clear increase in language academics subject. Adolescent that eventually gained admission into high school must have learned and acquired lots of vocabulary in every discipline of study and will continue to acquire more writing skills, this process continues like that till you get to adult age. Adult age is very sensitive age as language acquisition is concerned, as an adult you may not be able to learn too more language than your first language you had acquired. So first language acquisition is an unending process throughout our lifetime (Berko Gleason, 1993; Collier, 1992a). Let us take a look Second language acquisition is also a complex phenomenon. We use some of the same processes we have used to acquire our first language, going through progressive stages and relying on native speakers to provide modified speech that we can at least partially comprehend. The influential factors of social and cultural processes There are four major component of model namely, sociocultural, linguistic, academic, and cognitive processes. These four components are interrelated together and for you to really understand their importance in developing second language acquisition processes that occurs in the school context. There is a figure below to show the interrelationship between the four components. Figure 1 Language Acquisition for School (Virginia P. Collier, 1994. ) Sociocultural processes At the center of the figure above, you will notice that other components are surrounding social and cultural processes through the process of acquiring a second language in school. It is Central to that student’s acquisition of language are all of the surrounding social and cultural processes occurring through everyday life within the student’s past, present, and future, in all contexts-home, school, community, and the broader society. The work of Sociocultural may include individual student variables such as self-esteem or anxiety or other affective factors processes in promoting second language acquisition. These factors can strongly influence the student’s response to the new language, affecting the process positively only when the student is in a socioculturally supportive environment. Linguistic processes: A second component of the model, consist of the technical aspects of language development â€Å"(an innate ability all humans possess for acquisition of oral language)†, as well as the acquisition of the written system of language metalinguistic, conscious and formal teaching of language in school. First and second languages across globe include the acquisition of the oral and written systems of the student’s, such as phonology, vocabulary, morphology and syntax, semantics, Pragmatics, paralinguistic, and discourse. (Virginia 1994. ) Academic development. A third component of the model, academic development, includes all school work in language arts, mathematics, the sciences, and social studies for each grade level, Grades K-12 and beyond. It this succeeding grade, academic work dramatically expands the vocabulary, sociolinguistic, and discourse dimensions of language to higher cognitive levels. Academic knowledge and conceptual development transfer from the first language to the second language; thus it is most efficient to develop academic work through students’ first language, while teaching the second language during other periods of the school day through meaningful academic content. In earlier decades in the United States, we emphasized teaching the second language as the first step, and postponed the teaching of academics. Research has shown us that postponing or interrupting academic development is likely to promote academic failure. In information driven society that demands more knowledge processing with each succeeding year, students cannot afford the lost time. (Virginia 1994. ) Cognitive development: The fourth component of this model, the cognitive dimension, has been mostly neglected by second language educators in the U. S. until the past decade. In language teaching, we simplified, structured, and sequenced language curricula during the 1970s, and when we added academic content into our language lessons in the 1980s, we watered down academics into cognitively simple. (Virginia 1994. ) Tasks we also too often neglected the crucial role of cognitive development in the first language. Now we know from our growing research base that we must address all of these components equally if we are to succeed in developing deep academic proficiency in a second language. Interdependence of the four components All of these four components-sociocultural, academic, cognitive, and linguistic-are interdependent. If one is developed to the neglect of another, this may be detrimental to a student’s overall growth and future success. The academic, cognitive, and linguistic components must be viewed as developmental, and for the child, adolescent, and young adult still going through the process of formal schooling, development of any one of these three components depends critically on simultaneous development of the other two, through both first and second languages. Sociocultural processes strongly influence, in both positive and negative ways, students’ access to cognitive, academic, and language development. It is widely advice and crucial that educators provide a socioculturally supportive school environment that enable natural language, academic, and cognitive development to flourish. (Virginia 1994) Conclusion These few points raised above I belief has shown the importance of Language Acquisition for ESL students, crucially I have been able to raise some reasonable points concerning, understanding the relevance of Language Acquisition for ESL student. Promoting academic success for ESL students Understanding second language acquisition for school Then I have been able discuss the linguistic processes of first and second language acquisition which also link to First language acquisition is a complex, lifelong process. More so, I have been able to explain the very importantly the influential factors of social and cultural processes on all aspects of linguistic, cognitive, and academic development and interrelationship between these component and why they must be put in place, if we really want to promote Language Acquisition for ESL students. Without bordering our minds for ever am sure that these points contributed have immensely added to effect of promoting Language Acquisition for ESL students, understanding the importance of first language and second language acquisition and also the processes involved in learning these first and second language. The component involved in enhancing the Language Acquisition had been enumerated above. Reference Berko Gleason, (1993); Collier, (1992) Collier P Virginia, (1995). Directions in Language & Education National Clearinghouse for Bilingual Education. George Mason University. Vol. 1, No. 4, Collier. P. Virginia, (1997). Promoting academic success for ESL students Understanding second language acquisition for school (3rd ed. ). Woodside, NY: Bastos. Thomas & Collier, (1995).

Differences Between Foster Care And Adoption - 1352 Words

At John Adams Foster Care Home located in Columbia, SC there was this beautiful infant baby boy name John Thomas Beuler born with cerebral palsy. John was a very small little boy, but had a smile that would have melted your heart. One- day Mr. and Mrs. Tinsdale from Lexington, SC came to visit the John Adams Foster Care Home in Columbia, SC not knowing they was going to fall in love with John Thomas Beuler. After the visit to the Foster Home the Tinsdale are undecided also whether they wish to foster John or to adopt him. This paper will address the differences between foster care and adoption, differences in services received, differences in payments if any received and what are the pros and cons the Tinsdale may face if they decided to†¦show more content†¦If the child becomes available for adoption, foster parents may apply to adopt. The child best interest is the primary consideration when selecting a forever family. Whereas adoption is legal and permanent parental cus tody of a child along with all rights, responsibilities, and filiation. The adoptive parent take on all responsibilities of raising the child. (Center, 2017) Difference in Services Received from Foster Care vs Adoption The licensed to be foster care parent is valid for two years from the date that the license is issued. Potential foster parents are required to complete 14 hours of â€Å"Pre-Service† training. This training is offered through the SC Foster Parent Association and must be completed as part of the licensure process. This training provides potential foster parents with information regarding the roles of foster parents and others involved in the child welfare system; it provides information about what is required of foster parents in order to care for foster children. (DSS, 2017). Whereas adoption services is services by the state. South Carolina offers deferred adoption assistance. Adoptive parents and the state must sign the adoption assistance agreement prior to adoption finalization with a payment level of zero and eligibility for Medicaid indicated in the agreement. The payment rate can be raised in the future to me et the changing needs of the adopted child. (Bureau, 2017). Difference in PaymentsShow MoreRelatedHow Children Can Be A Blessing1286 Words   |  6 Pages Adoption So many children that were unwanted and neglected were helped by an early foundation in New York. Each year people are having children and leave them uncared for. Other loving parents or partners who are willing to take in an unloved child and raise him or her as their own has to go through a long process in order to qualify. Unfortunately, not all children find the loving comfort that they need and are returned to the foster homes or are treated bad. Adopting children can be a blessingRead MoreAdoption, Domestic And International Adoption Essay1611 Words   |  7 Pageschildren, but what are other options? Adoption gets helpless children out of the foster care system, but having their own child gives them a better connection. Three reasons why parents should adopt is because it helps get kids out of foster care, adopted families have all the same rights as families formed from birth, and adopting a child helps parents start a family if they can’t get pregnant. Although some people think that having their own child is better, adoption is better because it gives childrenRead MoreGays Should Have A Positive Impact On A Child s Life1441 Words   |  6 Pages In our fast paced society the Norms are changing and evolving for Homosexuals and their rights. Every child in foster care, and adoption agencies deserve to have a family regardless of the parents Sexual orientation. The United States is considered a liberal country if that is so, then homosexuals should have the right to adopt a child in the United States. Homosexuals adopting will have a positive impact on a child s life. The child will finally have a stable home and family to grow up inRead MoreThe Adoption Process Should Be A Long Tedious Process990 Words   |  4 PagesThe process of adoption can be a long tedious process that in the end may not be beneficial to the adopted child. Some children are unfortunate and have troubled childhoods or may be abused which can impact the emotional and cognitive development of the child. Trauma during childhood is abhorrent because the child is creating connections and mild to severe stress or abuse can significantly alter the development of the child which can lead to problems in adulthood. Children are the future and shouldRead MoreAdopting A Child From A Race856 Words   |  4 Pagesway they think about life in general but I am just a guy from the outside trying to look in the inside I could blame them to feel what they felt, the government should educated everyone about transracial adopt ion I think if people are aware of this then they would be acceptable about the difference of other people. Make a universal symbol for these people that way people would know why these kids look like them but act and talk different. I never thought that adopting a child from a different raceRead MoreThe Effects Of Children Adopted From Dissimilar Hereditary Family1371 Words   |  6 Pagesadolescence. Starting with the increase in ethnic adoption, there will discussed possible causes and effects of the issue. The article observed that children adopted from dissimilar hereditary family may have problems for instance social, culture and language that affect their lives because they are different from other children in society. Although the effect on children could be a critical event in their childhood, those problems can be taken care of by better fostering from adoptive families. ThenRead MoreNurture over Nature: the Benefits of Having Same Sex Parents1205 Words   |  5 Pagesfor children. But it is true that hundreds of thousands of children are placed in foster care awaiting their forever families, and these children should not be denied a permanent family because of narrow mindedness. It does not take a sc ientist to figure that two people of the same sexual orientation cannot biologically conceive a child on their own; therefore adoption is the only option homosexuals have. While adoption takes a great deal of strategizing, it only seems fair to assume same sex couplesRead MoreThe Debate on Homosexuals Adopting Children Essay1086 Words   |  5 Pagesis it acceptable for a homosexual marriage to adopt children? Would children be affected mentally being adopted by a homosexual marriage? Does it make the child happy? Some people say it’s better for a child to be in a gay marriage home than in foster care homes. In the other hand, other people say that it’ll affect children mentally and will be raised in the wrong way. In an online blog, Alpen Gideon describes the discussions people have over homosexual marriages adopting children. One of the discussionsRead MoreInterracial Adoption Is A Controversial Issue For Decades Now1741 Words   |  7 Pagesâ€Å"transracial adoption†, is a white family bringing an African American baby into their home. However, that is not always the case. Transracial adoption means the joining together of racially diverse parents and children together into an adopted family. Many families have had the life changing opportunity of adopting a child into their home, whether the child is African American, Chinese, or Vietnamese, that has shaped the family into something even stronger. People should consider interracial adoption becauseRead MoreGay Adoption Should Be Legal1203 Words   |  5 PagesGay adoption is a touchy subject to a lot of people. Even though gay adoption became legal in all 50 states on June 26, 2017 everyone still seems to have an opinion on the ma tter and a lot of the opinions lean toward not allowing gay couples to adopt. There are so many children in the foster care system that need loving and stable homes so why not let gay couples give that to them? There is a lot of evidence to show that gay couples can be just as good at parenting as a straight couple. Maybe even