IT Acts

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.

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IT Acts

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Guided By:

Ms. Swati Mathur

Department of Computer Science

Structure of the Presentation

term of years to an author, composer etc. (or

shall not steal

Exclusive rights for limited

time Negative right:

What Copyright Protects

What Copyright Protects

and Artistic Works

What Is Not Protected

form of expression such as improvised

Copyright Act 1968

subject-matter by virtue of the

Copyright Tribunal (Procedure)

Access to the Law

are constantly under review and are

Copyright (Amendment Act)

changes required by the US-Australia Free

importing infringing copies of the

Case Study The Pirate

prosecutors filed charges against

Sunde, Fredrik Neij, gottfrid Svartholm,

revenue that was made through

was that the site is only a search engine

that the operators had collective

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