...Copyright and the CyberWorld Jenna Ladner EDU 625 February 6, 2013 Abstract This essay was written to to serve as a survey of part of copyright law. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. This essay shares some information on several topics in regards to copyright and technology: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet. A polite assumption would be that people are not aware that copying is unlawful: it is a violation of copyright laws and the property rights of authors. This document gives a brief sketch of the nature of the rights protected by copyright law. Copyright Law in the USA Copyright occurs automatically when both of two conditions are satisfied: the creation of an original work and "fixation of that work in any tangible medium of expression." The current law in the USA requires neither a notice of copyright nor registration of the work with the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek...
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...Intellectual Property Rights Vol 18, September 2013, pp 457-464 Piracy in the Internet Age Nikita Hemmige† ILS Law College, Law College Rd, Pune 411 004, India Received 17 December 2012, revised 12 August 2013 The Internet has created boundary-less territories and has helped in evolving a unique method to share and transfer information, growth of e-commerce and in creating a global platform for all nations and its citizens. Online piracy is a major flipside to this development. Rampant intellectual property (IP) infringements by way of unlawful reproduction and unmonitored downloads is a matter of concern. It is significant to take note of the laws that various countries have enacted and enforced in order to curb or at least regulate online piracy and related activities. Further, though the Copyright Act, 1957 and Information Technology Act, 2000 in India deal with certain facets of piracy, they do not conclusively deal with this menace. It is the need of the hour for India to draft and enforce laws which will address the current problem and also take into consideration the technological advancements that are likely to give rise to more of such complex issues. Formulating such a law in the near future will be a welcome change and will definitely give India the IP advantage. Keywords: Online piracy, copyright infringement, jurisdictional barriers, Internet laws, intellectual property The Internet has become the first port of call for anyone in search of information,...
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...programme in Intellectual Property Law (LL.M.) INTERNET LAW The abuse of the cyberspace - jeopardizing the copyrights Prof. Goce Naumovski, PhD Temelkova Simona 42321 I.I The rise of technology and Internet as a platform for new problems So cyberspace is real. And so are the risks that come with it. - President Barack Obama1 Despite the many and obvious benefits of the modern electronic communications development,it has also brought with it the worrying threat of intentional attacks against information systems and network platforms/infrastructures. As cyberspace gets more and more complex and its components more and more sophisticated, especially due to the fast development and evolution of (broadband) Internet-based platforms, new and unforeseen vulnerabilities may emerge.” And further that “in the hands of persons acting in bad faith, malice, or grave negligence, information society technologies (ISTs) may become tools for activities that endanger or injure, the life, property, or dignity of individuals or even damage the public interest. Technology-enabled crimes are also known as high-tech crime, computer crimes or cyber crime. They include crimes committed directly against computers and computer systems, as well as the use of technology to commit or facilitate the commission of traditional crimes, bringing unique challenges to law enforcement. IT security in ICT, with the association of the Internet, has evolved into cyber security as we know it today...
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...Music, videos and pictures are a few of the many types of files that are viewed on the internet everyday worldwide. In today’s technology obsessed world, the internet is the life line for individuals and companies. As a result files are shared constantly across the internet multiple times a day. It is this norm of vital sharing that can cause internet users to become blind to cyber-crimes. In the case of the Recording Industry Association of America (RIAA). v. LimeWire peer-to-peer file sharing that violates copyright laws were brought to light. In this case the RIAA accused LimeWire of operating based on piracy, through allowing its user to upload and download songs that were protected by copyright. In addition to committing copyright infringement LimeWire was also...
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...Dictionary defines a copyright as “the right of literary property as recognized and sanctioned by positive law.” Melvin (2011). The development of the web and other internet technologies will continue to increase the number of copyright issues. The copyright act was developed in 1976 and it grants exclusive rights to the holder that protects their original work Melvin (2011). With these rights, the holder has exclusive rights and they are: reproduction, derivative works, distribution, performance, display, audio, and transmission. There are three theories to copyright infringement and they are: direct infringement, indirect infringement, and vicarious infringement. Direct infringement occurs when the copyright owner can prove legal ownership of the work in question and that the infringer copied the work without permission Melvin (2011). According to Melvin (2011) indirect infringement involves three parties, the copyright owner, the direct infringer, and the facilitator of the infringement. It states that the indirect infringement is the one that holds the facilitator liable for damages, so before pursuing the theory indirect infringement the copyright owner must identify the direct infringer. Vicarious infringement, is similar to the indirect infringement theory in that they both involve third parties not involved in actual direct infringement Melvin (2011). There are ways to avoid copyright infringement here are some: understanding the scope of copyright law, do not take anything...
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...Introduction The report focuses the controversial topic of SOPA and PIPA. In the report, we will introduce the aims of the two bills and debate whether they are reasonable or not. In the end of discussion, we come to the conclusion that the two should not be passed. Both of the supporter and oppose will provide their reasons. And each of them will attack his/her rival’s argument. The aims of SOAP and PIPA The aim of SOPA The full name of SOPA is Stop Online Privacy Act. It is a United States bill which is attempt by lawmakers to combat online privacy and intellectual property theft. The bill is divided into two sections: “Combating Online Privacy” and “Additional Enhancements to Combat Intellectual Property Theft”. The main aim of SOPA is that give the judicial departments of United States more rights to fight online trafficking in copyrighted intellectual property and counterfeit goods in other areas and other countries. “Combating Online Privacy” attempts to provide tools to law enforcement. “Additional Enforcements to Combat Intellectual Property Theft” clarifies criminal law as applied to intellectual property rights. With the protection of SOPA, lawmakers want to encourage new writings, research, products and services. Because in the old day American inventors, authors, and entrepreneurs have been forced to stand by and watch as their works are stolen by foreign infringers beyond the reach of current U.S. law. As the time goes by, more and more people lose the...
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...Introduction: Intellectual Property and The Copyright Industries in the Digital Age. Intellectual Property is the expression of an idea in the form of a material. Any product that is distinguished with its unique value becomes entitled to a protection by law. There are three different types of intellectual protection; patents for inventions, trademarks for names, logos, devices and etc. that are used in trading and lastly copyrights to protect copyright owner’s work from infringement securing exclusive rights to reproduce, to distribute and to obtain commercial profit. However there are four stages that each work has to proceed to qualify for the copyright protection; 1. According to the section 1(1) of Copyright Designs and Patents Act (CDPA) 1988, the product must fall in one of these work categories: - Primary Works: Literary Works, Dramatic Works, Musical Works and Artistic Works - Secondary or Derivative Works: Sound Recordings, Films, Broadcasts and Published Editions. 2. The expression of the idea in other words the creation must be in a recorded form. This only applies to the works of literature, drama and music. 3. Works must be “original”. Originality is measured by skill, effort, talent and labour put in to the product during the creative process. 4. The author and the work must show a sufficient connection to the UK to gain protection under UK law. All of the businesses that exploit a commercial...
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...CARNEGIE MELLON UNIVERSITY The Graduated Response System Issues, Benefits and Alternative approach Anik K Singh 8/11/2012 The Graduated Response System INTRODUCTION The growth of internet and its ever increasing pervasiveness has caused extensive digitization of copyrighted content not limited to a single format and subsequently an increase in online piracy. This combined with the advent of P2P file sharing mechanisms as a massive means of infringement practice has led to a paradigm shift in the approach to copyright infringement. Where unauthorized copying of a work was earlier considered a means of increasing a work’s market by stimulating its network effects, it is today seen as an unfair practice, a hindrance to the content owners and artists creative and financial viability. This shift has seen associations like RIAA (Recording Industry Association of America) and MPAA (Motion Picture Association of America) take desperate measures to curb illegal file sharing, the latest means of which is the “Three Strikes Rule” also known as The Graduated Response Plan. This paper starts with a brief overview on why copyright laws are important to content owners and discusses illegal file sharing, its history and the various means used for it. We then discuss the various approaches that representative bodies like RIAA have taken in the past and why the transition to the Graduate Response Plan, how it operates, its relative advantages and disadvantages to the...
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...Copyright Assignment As a professional scriptwriter, “failing to understand copyright can be a big problem for the scriptwriter both in terms of his own work or the work of others”(Almeida). I need to understand copyright laws so that I can avoid copyright infringement, but also protect my own work as well. The first thing needed to do to make sure that copyright infringement is being avoided is to understand copyright law. The most basic thing to understand first is, “what is infringement?” If someone, reproduces work in copies, prepares derivative works based upon the work, distributes copies of the work to the public by sale or other transfer of ownership, performs the work publicly, or displays the copyrighted work publicly without any exclusive rights from the owner of that work, they are an infringer of the copyright of the author (Stopping Copyright Infringement). After knowing what infringement is brings the question, “what can be copyrighted?” Literary works, paintings, photographs, drawings, films, music (and its lyrics), choreography, sculptures, and many other things can be copyrighted. Generally the law does not protect the underlying ideas (How to Avoid Copyright Infringement). “Basically, copyrights protect the ‘original works of authorship’ that are fixed in a tangible form of expression” (Almeida). Understanding these laws is vital to making sure copyright infringement is being avoided. The next step would be to make sure that nothing in the script was taken...
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...Week One Assignment Research Notes Children’s Internet Protection Act, 2000 Federal Communications Commissions: Federal law created by the Congress to address concerns about viewing offensive sites in school and library computers. Early 2001, CIPA regulated rules and requirements for certain schools and libraries that are eligible to receive funds. These rules and regulations are towards those who receive funds through E-rate- a program that makes certain communication technologies more affordable. CIPA states that: 1) Schools and libraries may not receive funds unless internet and computer has a child safety measure program. Also, this facility must hold one public meeting to address the proposal. 2) Schools under the CIPA must enforce internet monitoring for minors. 3) Schools and libraries subject to CIPA are required to adopt and implement an Internet safety policy addressing: (a) access by minors to inappropriate matter on the Internet; (b) the safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communications; (c) unauthorized access, including so-called “hacking,” and other unlawful activities by minors online; (d) unauthorized disclosure, use, and dissemination of personal information regarding minors; and (e) measures restricting minors’ access to materials harmful to them. Schools and libraries must have safety policies and computers in proper working functions for the minors before receiving E-rate funding...
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...Sharing Music over the Internet In a report prepared by Arbor Networks, a network-management firm employed by over 70 percent of the top ISPs globally, peer-to-peer sharing has reached more than 60 percent of the net traffic in the year 2012. Peer-to-peer sharing and piracy websites allow internet users to download music, videos and programs without having to pay for them. Technically, this is described by the law as stealing which makes peer-to-peer sharing and piracy websites illegal. Moreover, the government, through the enforcement of certain laws, imposes discipline to its citizens with regard to downloading and sharing music over the internet. Copyright Infringement The Department of Justice of the U.S. government presented a report Task Force on Intellectual Property which clearly imparts the laws protecting intellectual properties of individuals. As stated in the report, an intellectual property is an intangible property which is expressed through ideas and inventions. Copyright is intended to protect these intellectual properties including music—its lyrics and composition. Through the Copyright Act, the creator is given exclusive rights which encompass credit until after 70 years from death and the option of distribution. In peer-to-peer sharing and free downloads where music is used commercially in the internet, copyright is violated. In fact, as the shown in the statistics above, copyright infringement is practiced by millions in just one day. Probably, these...
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... Within the Internet culture of unlicensed use, theft of intellectual property is growing. Pirating works online is the same as shoplifting a video tape, book, or computer program from a department store. Through a loophole in the law, however, copyright infringers who intentionally pirate works, as long as they do not do so for profit, are outside the reach of our nation's law enforcement officials. In 1997 President Bill Clinton introduced the No Electronic Theft Act (NET), which allows criminal enforcement against people who have no profit motive in the infringement. HR 2265 was viewed as a closing a loophole in the criminal law. Under the old statutory scheme, people who intentionally distributed copied software over the Internet did not face criminal penalties as long as they did not profit from their actions. The act was strongly backed by the software and entertainment industries but opposed by library and academic groups. The No Electronic Theft Act, as its name suggests, was enacted to criminalize the violation of copyrights through the posting of copyrighted materials on the Internet. The posting of a work on the Internet makes it extremely easy to access, read and copy that work. Because of the popularity of the Internet, moreover, any single copy of a work that is posted on the Internet could be read and copied many times over each month. Copyright law establishes rights for both copyright holders and for purchasers of copyrighted works. A copyright holder has five...
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...Automated Copyright Enforcement System Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. The automated copyright enforcement system was created to enforce this law by allowing copyright holders to censor any infringement by posters. However, there is a loophole in the system which doesn’t permit it to identify what the content is used for and overbroad takedown notices made contents easily blocked including fair use. Law professor, Lawrence Lessig, was sued by an Australian record label for using a clip from the song Lisztomaniain in his academic presentation which falls under fair use. As a result people began to doubt the existence of the automated copyright enforcement system. The automated copyright enforcement system is necessary it just needs to be improved. Intellectual property protection was built into the Constitution of the U.S. to protect the rights of creators; however it only lasts for a limited time. This law was created as an incentive for people to share their original work so that the public benefits from it. Creative work is allowed to be “property” so that inventors can receive payment for their ideas and creations, which encourages new inventions and more creativity. Generally speaking, intellectual property is essential nowadays and needs to be protected. Copyright is a legal...
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...COPYRIGHT INFRINGEMENT. Copyright infringement is the use of work under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator. COPYRIGHT INFRINGEMENT OCCURS WHEN THE COPYRIGHT OWNER'S RIGHTS ARE VIOLATED To fully understand copyright infringement, you must understand what rights you hold as a copyright holder. You own more than just the rights to reproduce the work filed with the US Copyright Office. An owner of a copyright owns a “bundle” of rights. Each of these rights can be sold or assigned separately. Copyright infringement occurs when one of those rights are used without the express consent of the copyright owner. The rights owned by the owner of a copyright include: The Right to Reproduce the Work. This is the right to reproduce, copy, duplicate or transcribe the work in any fixed form. Copyright infringement would occur if someone other than the copyright owner made a copy of the work and resold it. The Right to Derivative Works. This is the right to modify the work to create a new work. A new work that is based upon an existing work is a "derivative work." Copyright infringement would occur here if someone wrote a screenplay based on his favorite John Grisham book and sold or distributed the screenplay...
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...Music Copyright & File- Sharing Technology A copyright is a form Intellectual property that grants an author or originator of any tangible literary or artistic work exclusive rights. It is granted by federal statute and includes any literary, musical, dramatic, choreographic, pictorial, graphic, sculptural and architectural works. Also, any motion pictures, sound recording and other audiovisual work. The first U.S. copyright law was the Copyright Act of 1790. It was then modified in 1909 and again 1976. Copyrights still being administrated by the Copyright Act of 1976, which states that the term of protection starts from that date created to the life of the author plus fifty years. The terms automatically got extended for any work created after January 1, 1978, giving statutory copyright protection for the life of the author plus seventy years. In the case of more than one author, it is seventy years after the death of the last living author. A copyright is automatic once the work is made, however it can also be registered with the U.S. Copyright Office in Washington, D.C. A copyright infringement is when the expression of the idea or the work form has been copied without the copyright owner’s approval. It is not limited to the entirety of the work, but if a considerable amount of the original is copied, it is copyright infringement. Only the copyright owner has the right to reproduce, distribute copies, display, or perform the work. Individuals, who commit a copyright infringement...
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