An Introduction to Computer Law

Judy Jacobs Miller

© 2006

What is “computer law?”

It’s many things: Copyright law Trademark law Defamation law Privacy law Contract law Criminal law

Copyright

Legal protection Provided to authors/owners Of “original works of authorship”

What works are protected?

Literary Musical Dramatic Choreographic and pantomime Pictorial, graphical, sculptural Motion pictures or video Sound recordings Architectural

When does protection begin?

When the work is “fixed in any tangible medium of expression” © sign not needed Registration with U.S. Copyright Office not

needed Examples

A novel is typed Software code is stored on a computer disk A photograph is taken Song lyrics are scribbled on a napkin

How long is work protected?

Currently, Life of author plus 70 years For works “for hire,” 95 years from publication

What rights does a copyright owner have? Reproduce the work Make derivative works Distribute the work Publicly perform or display the work For sound recordings, perform the work by

digital audio transmissions

What is not protected by copyright? Idea (v. expression of idea) Fact Procedure Process Title, name, short phrase, slogan

But some of these may be trademarks

When may you use another’s work? If the work is in the public domain If the use is “fair use” If you have permission

How do you get permission? Ask! Written permission is safest

What work is in the public domain? Work for which the copyright has expired

Shakespeare Dickens

Works published by the federal government Many web sites and publications Examples

Tax forms and instructions Health advice Social security information

What is “fair use?”

Use for purposes such as Criticism Comment News reporting Teaching Scholarship research

Four factors considered in determining whether “fair use” Purpose and character of use

Commercial v. nonprofit Parody

Nature of work Fact v. fiction; published v. non-published

Amount used in relation to whole Less is better than more

Effect of use upon potential market for or value of work

Examples of fair use

Art teacher shows class slides of impressionist paintings

Student uses quotation from magazine for school paper

Newspaper review of book includes short quotation

Student paper for horticulture class shows photographs of various plants

Examples of copyright infringement: Downloading an Eminem recording Building a web site for your brother’s

business using images you found

on the Internet Copying an article from the National

Geographic magazine for a school paper Borrowing your friend’s Microsoft Office software to

put on your computer Finding a picture of Bob Marley on the Internet and

posting it on Facebook

Consequences of copyright infringement Monetary Damages Imprisonment

Purchased software

Covered by “shrink-wrap” or “click-wrap” agreement

This is almost always a valid, enforceable contract Whether you choose to read it or not

They almost all say You cannot load the software on more than one

computer If the software causes you any damage, the

software company is not liable

Trademarks

Word, name, or symbol used to identify and distinguish goods from those of another

Registered with U.S. Patent and Trademark office (PTO)

Trademarks

Some of the issues Domain name dispute

www.ggoogle.com www.AdultsRUs.com

Website metatag Website framing

Defamation

Oral or written false statement that harms a person’s reputation Libel: written Slander: oral

Consequences Monetary damages

Bottom line Creating a web site makes you a “publisher” Statements made on Facebook or Twitter are public Be careful what you say

Computer Fraud and Abuse Act (CFAA) Enacted in 1984, amended several times Prohibits accessing a computer and obtaining

National security information Financial records or credit reports Anything of value

Prohibits trespassing on a gov’t computer This includes just looking

Computer Fraud and Abuse Act (CFAA) continued …

Prohibits Releasing a worm or virus Trafficking in computer passwords Threatening to damage a computer

Consequences Monetary damages Jail

Obscenity

First amendment issue (freedom of speech) In determining what is obscene, courts apply

“contemporary community standards” On the Internet, which community . . .

Regulation difficult

Obscenity continued

Government attempts to protect minors from pornography include: Communications Decency Act (CDA) Child Pornography Prevention Act (CPPA) Child Online Protection Act (COPA)

Parts of each held unconstitutional Child pornography absolutely illegal, even in

the privacy of your home

Privacy

What privacy rights do you have? No explicit right to privacy in U.S. Constitution

4th amendment: right to be secure in their persons, houses, … against unreasonable searches and seizures

Supreme Court recognizes “zones of privacy” Are websites such as MySpace and Facebook private?

No Are emails private?

From employer or school? Probably not Banners

From Government? Electronic Communication Privacy Act (ECPA) controls Amount of privacy depends upon age of email, whether it has been

opened, and other factors

The End