Copyright
Copyright is a legal concept that grants the creator of an original work exclusive rights to its use and distribution. In the context of technology and engineering, copyright applies to software, digital content, and other intellectual property. It protects against unauthorized reproduction, distribution, and modification of these works, fostering innovation and creativity in the field.
8 Key excerpts on "Copyright"
eBook - ePub- Janice Denoncourt(Author)
- 2015(Publication Date)
- Routledge(Publisher)
...4 Computer Technology and Copyright Law A theme running through Copyright law is that it is constantly adapting, whether in response to advances in technology or due to shifting perceptions regarding the extent of intellectual property protection. Computer technology developments with which Copyright law has had to grapple include, but are not limited to: computer software programs and computer implemented inventions; the circumvention of technological protection measures; databases; and the Internet. Computer programs have been protected by Copyright in the UK since 1988, when the definition of ‘literary work’ in the Copyright, Designs and Patents Act 1988 (CDPA 1988) was extended to include ‘a computer program’ and ‘a database’. An international consensus that computer programs should be protected by Copyright emerged during the 1980s and was confirmed by Art 4 of the TRIPS Agreement and Art 4 of the 1996 WIPO Copyright Treaty. Since computer programs and databases are protected under the CDPA 1988 as literary works, the Copyright owner can exercise all the exclusive rights attaching to literary works. In practice, the most valuable rights are those of reproduction and adaptation. This chapter considers the nature of the legal protection afforded by the Copyright law to certain aspects of computer technology including infringement of Copyright via the Internet...
eBook - ePubIntellectual Property Asset Management
How to identify, protect, manage and exploit intellectual property within the business environment
- Claire Howell, David Bainbridge(Authors)
- 2014(Publication Date)
- Routledge(Publisher)
...The range of inventions protected by patents is quite breathtaking, from mechanical inventions (see the Dyson Technology patent for an upright vacuum cleaner patent No GB 2495125) to leading-edge biotechnological inventions (see the US patent No US 8,329,170 B2, belonging to Janssen Biotech Inc.). 1 • Copyright protects creative and derivative works such as literary and artistic works, music, films and broadcasts; the sorts of thing protected by these rights are undoubtedly the most familiar to us. • There are other rights described as rights related to Copyright such as a special form of protection for databases (some of which may be protected by Copyright) and rights in performances. Databases may be computer databases or a manual database such as a card index; rights in performances are given to persons making a live performance (for example, singers or stand-up comedians) and to recording companies that have exclusive licences with them. • Designs are protected by registration and/or by unregistered design rights. These rights protect new shapes applied to articles, graphic designs, ornamentation and such like, which may be applied to a vast range of articles from toys to furniture to motor vehicles to household goods to computers and mobile phones. Almost every form of technology and craftwork can be protected, providing they are unlike existing designs or are not commonplace. There are other forms of protection, such as for plant varieties and a special extended form of patent protection for medicinal products, but these very specialised rights are not discussed further in this book. How are intellectual property rights classified? IPR are a mixed bunch and some are completely unlike others. Therefore, classifying these rights is not easy. Some distinctions may be made to separate some of the rights from others...
eBook - ePubIntellectual Property And The Law
A Straightforward Guide
- (Author)
- 2015(Publication Date)
- Straightforward Publishing Digital(Publisher)
...9 Copyright Definition of Copyright Copyright is the right to prevent others copying or reproducing an individuals or other’s work. Copyright protects the expression of an idea and not the idea itself. Only when an idea is committed to paper can it be protected. Others can be directly or indirectly stopped from copying the whole or a substantial part of a Copyright work. However, others cannot be stopped from borrowing an idea or producing something very similar. Copyright is a right that arises automatically upon the creation of a work that qualifies for Copyright protection. This means that there is no registration certificate to prove ownership. To claim ownership the author will have to produce original and preferably dated evidence of the creation of the work and proof of authorship. The author will also need to show that he is a qualifying person and that the work was produced in a convention country. To be a qualifying person (s.154 of the Copyright Designs and Patents Act 1988) the author must have been, at the material time, a British Citizen, subject or protected person, a British Dependant territories citizen, a British national (overseas) or a British Overseas Citizen or must have been resident or domiciled in a convention country at the material time, which is when the work was first published. If the author dies before publication the material time is before his death. A convention country is a country that is signatory to the Universal Copyright Convention or the Berne Copyright Convention, which includes most countries in the world. The works that can qualify for protection are defined in S.1 of the 1988 Act. These are: a) Original literary, dramatic, musical and artistic works b) Sound recordings, films, broadcasts and cable programmes c) Typographical arrangements of published editions Historical background Copyright has its origins in the 16 th century. The courts recognised a need for some form of protection for books...
eBook - ePubFilm and Television Distribution and the Internet
A Legal Guide for the Media Industry
- Andrew Sparrow(Author)
- 2016(Publication Date)
- Routledge(Publisher)
...For example, a credit card merchant can tell where the user is located. Such geo-filtering makes territorial restrictions on the use of content safe. In addition, Internet Service Providers (ISPs) can tell where a user is and prevent access as appropriate. There are also time limitations, such as how many burns the user can achieve before the time expires. Copy protection technology controls how many copies may be made of the content. Each of these methods of Copyright control may be termed Digital Rights Management. As an aside, there are some interesting legal issues at play with the use of Digital Rights Management technologies. For example, if you have purchased this book you may read it as many times as you like and wherever you like. However, Digital Rights Management on a film download restricts such unfettered use. Although it is therefore very difficult to develop technology to prevent infringement, by virtue of the Copyright and Related Rights Regulations 2003 the European Union and the United Kingdom insist on strict legal protections for technology-driven devices. In essence the requirement, common throughout the EU, is that member states provide adequate legal protection against the circumvention of any effective technological measures which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective. The Definition of Technological Measures Before considering how attempts to get around technical processes designed to stop Copyright infringement are unlawful, it is worth setting out how the Regulations define ‘technological measures’. Section 296ZF says that technological measures are any technology, device or component which is designed, in the normal course of its operation, to protect a Copyright work other than a computer program...
eBook - ePub- Jeremy Harris Lipschultz(Author)
- 2021(Publication Date)
- Routledge(Publisher)
...The Copyright is limited to those aspects of the work – termed “expression” – that display the stamp of the author's originality. —U.S. Supreme Court Justice Sandra Day O’Connor, Harper & Row Publishers v. Nation Enterprises (1985, p. 547) Social media communicators may not own an idea, but how the say it, or the manner of expression, is protected under Copyright law. The book that you are reading, for example, does not keep other authors from publishing a social media law and ethics book, as long it is a sufficiently original presentation. Put another way, two photographers or videographers may be in about the same location and each shoot original work that they own and can sell. The United States encourages development of intellectual property by protecting creative works through Copyright law and by issuing patents. Article I of the U.S. Constitution explicitly granted Congress under the Patent and Copyright Clause the power: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. (Article I, Section 8, Clause 8) The Supreme Court interpreted the language to mean that Congress could encourage creative progress and the Copyright Act of 1976 protected original works. Branded symbols and images also are protected under the Trademark Act of 1946, known as the Lanham Act. Social media posts have the potential to infringe Copyrighted expression or show a trademarked logo and both statutes are important in a digital and social media age. Mobile phones and social media communication have increased the number of disputes over ownership of content. User-created YouTube video, for example, sparked Copyright infringement cases for use of video and music. Google and other site owners police Copyright as part of their agreements with content creators...
eBook - ePubMusic Distribution and the Internet
A Legal Guide for the Music Business
- Andrew Sparrow(Author)
- 2017(Publication Date)
- Routledge(Publisher)
...CHAPTER 5 Protecting and Exploiting Intellectual Property Rights in Online Music Copyright AND THE INTERNET IN GENERAL A website operated by a music business will contain many elements, each of which will attract Copyright protection: the website’s text, graphics, advertisements, data and of course music. Thus, the suggestion that there is no such thing as Copyright on the Internet is clearly misplaced. Copyright is a negative right. It is a right to restrain others from exploiting work without the owner’s consent. In this country Copyright is governed by the Copyright, Designs and Patents Act 1988 which came into effect in 1989. Section 1(1) of that Act states that Copyright may subsist in the following types of work: • original literary, dramatic, musical or artistic works; • sound recordings, films, broadcasts or cable programmes; • the typographical arrangement of published editions. For a literary, dramatic, musical or artistic work to qualify for protection it must be original. This does not mean that for example the music needs to be novel or unique: it only has to originate from the writer, which means it must not be copied from any other work, and to embody a minimal degree of skill, judgment and labour. Section 5A(1) states that sound recording Copyright can subsist regardless of the medium on which the recording is made or the method by which the sounds are reproduced or produced. For someone to gain the protection of the Act they must be a qualified person. There are three ways in which to be so qualified. They must be British citizens, domiciled here or, if a company, be incorporated in the UK. Alternatively the work must be first published in the UK. Here lies a problem for the Internet. It is not easy to be clear in which country a work is said to be first published. The third route is where the work is a broadcast or cable programme and is made or sent from the UK. Here again, problems can arise with the Internet...
eBook - ePubManual of Engineering Drawing
British and International Standards
- Colin H. Simmons, Dennis E. Maguire, Neil Phelps(Authors)
- 2020(Publication Date)
- Butterworth-Heinemann(Publisher)
...It is about legally enforceable trade exclusivity in favor of the owners of the property. The four main types of IP are for. • patentable inventions; • designs of or as applied to articles; • Copyright works; • trademarks for goods or services. IP can bear on all facets of engineering design. Like any other form of owned property, it can be bought or sold. The legally attached rights of trade exclusivity can be licensed, i.e. access can be hired to others by the owners. Therefore it follows that a general working knowledge of these facets of IP should be a ‘must have’ in every design engineer's toolbox to ensure that the fruits of their labor gain the full benefits that IP offers. Ignorance of this awareness could result in serious financial loss if it transpired that the rights of others were being infringed because of a present or future design project. Lack of awareness of what is already officially published on the registers of proprietary products or processes (i.e. the patent register), and of designs and trademarks, could be an unexpected pitfall into which an engineering designer might stray. Almost all countries have intellectual property offices. In the United Kingdom, the Intellectual Property Office (IPO) (formerly called ‘The Patent Office’) is the government office which handles all aspects of IP. It publishes guidance booklets and accepts applications for registration. Patents Certificates of ownership of legally qualifying products and processes, i.e. patent certificates, will be issued by patent offices on application by their prospective owners, so long as the patent offices regard the products or processes described in the technical description as satisfying the legal requirements for registration. The technical description of the product or process comes from the mind of an individual who is given the legal name ‘inventor’. To be eligible for a patent, the claimed product or process features must be. • globally original, i.e...
eBook - ePub- James Griffin, Ying Jin(Authors)
- 2013(Publication Date)
- Routledge(Publisher)
...C h a p t e r 11 I NTRODUCTION AND THE NATURE OF Copyright 11.1 I NTRODUCTION 11.1.1 Copyright and the Law 1. Copyright protects original work from being copied or reproduced without authorisation. 2. The governing law of Copyright in the UK is the Copyright, Designs and Patents Act 1988 (CDPA 1988). 3. There is no Copyright in ideas. Ideas must be expressed in some tangible form for Copyright to subsist. 11.1.2 Registration of Copyright 1. There is no requirement of registration for Copyright. Copyright accrues from the moment a work is expressed in some tangible format; all that is needed to prove ownership is to produce original creation of the work with proof of authorship. The author should either be a qualifying person or the work must be first published in a Convention country. 2. To be a qualifying person, the author must be, at the material time, a British citizen, subject or protected person, a British Dependent Territories citizen, a British National (Overseas), a British Overseas citizen, or must have been resident or domiciled in a Convention country at the material time (s154 CDPA 1988). 11.1.3 Where does Copyright Subsist? 1. Copyright subsists in (s1 CDPA 1988): (i) original literary, dramatic, musical or artistic works; (ii) sound recordings, films or broadcasts; (iii) typographical arrangements of published editions. 2. Copyright subsists only in original works. 11.1.4 What Constitutes Work? 1. There is no statutory definition of ‘work’, but case law establishes that the author must have expended a minimum amount of effort. 11.1.5 Trivial Works 1. There is no Copyright in trivial works. 2. A single word was refused Copyright protection in Exxon v Exxon Insurance (1982). 3. Similarly, titles and names also do not usually qualify for Copyright protection (Francis Day and Hunter v Twentieth Century Fox (1940)). 11.1.6 Duration of Copyright 1. The duration of Copyright depends according to the type of work. 11.2 H ISTORY...
