IT Acts

Download as ppt, pdf, or txt
Download as ppt, pdf, or txt
You are on page 1of 28

Guided By:

Ms. Swati Mathur


Seminar Coordinator, IT

Presented By:
Manish Prajapati
CS-A/08/45

Department of Computer Science


Poornima Institute of Engineering and Technology, Jaipur

Structure of the Presentation


What is Copyright
Why Copyright
What Copyright Protect
What Is Not Protected
Copyright Act of Australia
Infringement of Copyright
How To Avoid Infringement
Case Study
Conclusion

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

What Copyright Protects


About Literary Works,
Computer Software

What Copyright Protects


Original Literary, Dramatic, Musical

and Artistic Works


Cinematograph Films
Sound Recordings

Literary Works
Novels, poems, short stories
Books on any subject
Computer programmes,

tables, computer
databases
Song lyrics
However, single words, slogans or
titles are not usually protected as
literary works.

Computer Software
Includes
Programme Manuals
Punched Cards
Magnetic Tapes/Discs
Computer printouts
Computer programmes

What Is Not Protected


ideas, concepts, or discoveries
titles, names, short phrases, and slogans
works that are not fixed in a tangible

form of expression such as improvised


speech or dance
works consisting entirely of information
that is commonly available and contains
no originality
Copyright, therefore, does not prevent
the use of the same idea or information

Australia Perspectives
The Copyright Act

Copyright Act 1968


Copyright 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
1969
The 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 Law


The 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 AttorneyGeneral's Departments legal
information retrieval system.

Copyright (Amendment Act)


2006
The 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

Infringement of Copyright
When (Copy)right becomes wrong

Statutory Definition
Infringement: 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 license
Adapting
an
image
without
permission (art rendering, collage).
Asking another photographer to
recreate the image.

Original Art

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

Change of medium is
still an infringement

How To Avoid
Infringement
obtain 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.

Case Study
The Pirate Bay Trial

Case Study The Pirate


Bay Trial
In 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 Study
Cont..
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.

Conclusion
Requires complete overhauling of the

Copyright offices
At present most copyrightable works are not
registered
Even copyright registrations where the
traditional examination and opposition
procedures are not followed, take time
sometimes even 3 years to get registered
For biotech industry, a vibrant and robust
copyright registration regime, is necessary
Priority would be difficult to establish.

You might also like