IT acts ppt

Guided By:Ms. Swati MathurSeminar Coordinator, IT

Presented By:Manish PrajapatiCS-A/08/45

Department of Computer SciencePoornima Institute of Engineering and Technology, Jaipur

What is CopyrightWhy CopyrightWhat Copyright ProtectWhat Is Not ProtectedCopyright Act of AustraliaInfringement of CopyrightHow To Avoid InfringementCase StudyConclusion

Structure of the Presentation

What is Copyright?The exclusive right given by law for a certain term of years to an author, composer etc. (or his assignee) to print, publish and sell copies of his original work (Oxford English Dictionary)Copyright is not a tangible thing. It is made up of a bundle of exclusive economic rights to do certain acts with an original work or other copyright subject-matter. These rights include the right to copy, publish, communicate (eg, broadcast, make available online) and publicly perform the copyright material

Why Copyright?Fair Play: Reward creative efforts. Thou shall not steal

Exclusive rights for limited time Negative right: prevent copying/reproduction

Copyright is necessary encourage dissemination of copyrighted works = public interest

About Literary Works, Computer SoftwareWhat Copyright Protects

What Copyright ProtectsOriginal Literary, Dramatic, Musical and Artistic Works Cinematograph FilmsSound Recordings

Literary WorksNovels, poems, short storiesBooks on any subjectComputer programmes, tables, computer databases Song lyrics However, single words, slogans or titles are not usually protected as literary works.

Computer SoftwareIncludesProgramme Manuals Punched Cards Magnetic Tapes/DiscsComputer printoutsComputer programmes

What Is Not Protectedideas, concepts, or discoveriestitles, names, short phrases, and slogansworks that are not fixed in a tangible form of expression such as improvised speech or danceworks consisting entirely of information that is commonly available and contains no originalityCopyright, therefore, does not prevent the use of the same idea or information

The Copyright ActAustralia Perspectives

Copyright Act 1968Copyright exists in works and other subject-matter by virtue of the Copyright Act 1968 (the Copyright Act).The only exception to this is in relation to certain limited prerogative rights of the crown in respect of copyright in Acts of Parliament

Copyright Regulations 1969The Copyright Regulations 1969, the Copyright Tribunal (Procedure) Regulations 1969 and the Copyright (International Protection) Regulations 1969 specify matters related to the operation of the Copyright Act.

Access to the LawThe Copyright Act and Regulations are constantly under review and are amended from time to time.Access to electronic versions of Commonwealth legislation is available through the Attorney-General's Departments legal information retrieval system.

Copyright (Amendment Act) 2006The Copyright Amendment Act 2006 made changes required by the US-Australia Free Trade Agreement.it strengthened anti-circumvention laws, for the first time making it illegal in Australia to circumvent technical measures used by copyright owners to protect access to their works, and expanding the measures which count as technological protection measures which may not be circumvented

When (Copy)right becomes wrongInfringement of Copyright

Statutory DefinitionInfringement: exercising rights of the copyright owner

Making, distributing, exhibiting and importing infringing copies of the work

Factors Determining Infringement Use of whole or part of an image without permission.Use beyond the scope of a licenseAdapting an image without permission (art rendering, collage).Asking another photographer to recreate the image.

Original ArtThese are the two images that were infringed upon to create the Newsday cover.

Change of medium is still an infringement

How To Avoid Infringementobtain a license for all the uses that will be needed.obtain a license to create a derivative image.obtain an art rendering or art reference license to change the medium.

The Pirate Bay TrialCase Study

Case Study The Pirate Bay TrialIn January 2008, Swedish prosecutors filed charges against four men for facilitating and promoting copyright infringement through their website The Pirate Bay.The charges were heard following a raid on 12 different premises where The Pirate Bay was hosted, in which 186 servers were confiscated.

Case StudyCont..The four men charged were Peter Sunde, Fredrik Neij, gottfrid Svartholm, the owners of The Pirate Bay Website and Carl Lundstrm, who sold internet services to the site.The prosecutors claimed that by developing, hosting and administering the website the four had facilitated the peer-to-peer sharing, and encouraged numerous copyright infringements.

Case Study Cont..The prosecutors gave evidence of the revenue that was made through advertising on the site, using this to argue that their purposes were commercial in nature. They also claimed damages on behalf of a number of the companies affected, adding up to around $13 million (US). Thirty-four cases of copyright were included in the claim, including 21 music files, 9 movies and 4 games.

Case Study Cont..The defendants main reply to the charges was that the site is only a search engine that connects people who want to share their files.They posed a defence that has become known as the King Kong defence, arguing that merely providing an information service did not make them responsible for the information being transferred, unless they had a close association with individual users

Case Study Cont..However, in April 2009 the court found that the operators had collective responsibility, as they were responsible for the site, while knowing that some of the files pointed to copyrighted material.The court handed down sentences for one year in prison (for each of the defendants) and damages amounting to $3.5 million (uS). All four defendants have appealed the decision.

ConclusionRequires complete overhauling of the Copyright officesAt present most copyrightable works are not registeredEven copyright registrations where the traditional examination and opposition procedures are not followed, take time sometimes even 3 years to get registeredFor biotech industry, a vibrant and robust copyright registration regime, is necessaryPriority would be difficult to establish.

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