Intellectual Property:Copyright and Technology

Nickkisha Farrell

Thursday 9th Feb, 2012

Overview

Intellectual Property and Its Components

• Definition• Characteristics• How to gain copyright

Copyrights

Copyrights and Technology

Issues/ Challenges

The Legal Aspect

Intellectual Property (IP)

• Intellectual Property (IP) are creative works that have economic value and are protected by law. (Microsoft Encarta)

• IP rights are designed to award the owner of IP, rights over the distribution and use of his or her work.

• IP rights prevent users from copying, performing, or distributing these works without permission of the owner.

• Main purpose of this protection is to provide incentives for people to produce scientific and creative works that benefit society at large.

Intellectual property [rights] is the name given to legal rights which protect creative works, inventions and commercial goodwill.

Intellectual Property

• Divided into several categories which include

• COPYRIGHTS– Protects authored works (authors original expression)

• PATENTS– Protects inventions

• TRADE MARKS– Help safeguard information critical to an organization’s

success

• This presentation will closely examine Copyright; since this IP regime is particularly critical to the realm of cyberspace.

Copyright

• Copyright is a legal term describing rights given to creators for their literary and artistic works

• Grants creators of ORIGINAL works the right to

– Distribute

– Display

– Perform

– Reproduce work

– Prepare derivative works based upon the work

– Author may grant exclusive right to others

– Author enjoys both commercial and moral rights.

Category of Work

• Literary works

• Musical works

• Artistic works

• Films

• Sound recordings

• Broadcasts

• Choreography

• Computer Programs

Length of a Copyright

• US

• The length of the Authors Life + 70 yrs

• In St. Vincent and the Grenadines

Category Of Work Period Of Protection

Literary, dramatic, musical or artistic works of known authorship

remainder of the life of author after creation of the work plus 50 years from the end of the calendar year in which the author dies

Typographical arrangements of published editions

25 years from first publication

Performances 50 years from the end of the calendar year in which the performance takes place

How to I give Notice that I have Copyright

• To signify ownership of a work, it is usual to place a copyright notice on the work, consisting of the copyright symbol ©, the name of the right holder and the date of creation of the work.

• You do not have to legally register to gain copyright protection.

Copy Right and Technology

• Technology now affords: wide availability of information which has given rise to concerns of information and property ownership.

• Copyright Infringement – Copy substantial and material part of another’s

copyrighted work

– Without permission

Copy Right and Technology

• Areas of copyright infringement – Worldwide sale of counterfeit consumer supplies

– Plagiarism

– Piracy

• Copyrights to protect computer software exist– To prove infringement, copyright holders must show a

striking resemblance between the original software and the new software that could be explained only by copying

Counterfeit Consumer Supplies

• Counterfeit consumer goods, commonly called knock-offs, are counterfeit or imitation products offered for sale.

Plagiarism

The unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one's own original work, as by not crediting the author.

Piracy

•  Computer piracy is duplicating a software without the authority of the creator of the software. This has been a heavy crime since the beginning of the internet age. 

SOPA

PIPA

Copyright Infringement in SVG

• To deter unauthorized reproduction:

• Liability to a fine of $1,500.00 on summary conviction for a first offence of possession of an article designed or adapted for making infringing copies for sale, hire or use in the course of business and in the case of a subsequent offence, liability to a fine of $1,500.00 or imprisonment for a maximum term of 12 months (s.44 (2), (5)).

• To deter unauthorised public performances:

• Liability to a fine of $1,500.00 on summary conviction for a first offence of causing an infringing public performance or showing of protected work, and in the case of a subsequent offence, liability to a fine of $1,500.00 or imprisonment for a maximum term of 12 months (s.44 (3))

Copy Right and Technology

• World Intellectual Property Organization (WIPO)– Agency of the United Nations

– Advocates for the interests of

intellectual property owners

IP Protection in St.Vincent and the Grenadines

Commerce and Intellectual Property Office (CIPO)

• Mission: To provide a sound administrative and regulatory framework which supports the development of domestic commerce and the protection of intellectual property rights.

• Administers Laws regarding IP Issues

• Affiliated with WIPO

Summary

• IP Laws and in particular Copyrights allow originators of work authority over how their work is used, expressed and distributed.

• Copyright Infringement though not new has been proliferated with advancements in Information Technology

• Thus world governments have seen the need to establish laws to police Intellectual Property as it infringements has implication for both our economies and creative motivation.

References

• Microsoft Encarta Encyclopedia Standard 2006, Microsoft Corporation.

• Bainbridge, D 2004, Introduction to Computer Law, Pearson Education Limited

• Microsoft Encarta Encyclopedia Standard 2006, Microsoft Corporation.

• Bainbridge, D 2004, Introduction to Computer Law, Pearson Education Limited

• http://www.edwardsamuels.com/illustratedstory/isc1.htm

• http://www.gov.vc/cipo