Copyright designs and patents act
Transcript of Copyright designs and patents act
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Copyright Law Software and copyright Licensing Software Piracy Copyright and the Internet
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Copyright gives certain legal protection to authors of materials
Originally intended for books, sheet music, photographs etc.
In the U.K. it is covered by the Copyright, Designs and Patents Act 1998
This is the U.K. form of the Intellectual Property Rights (IRP) legislation which exist in most countries
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The legislation exists to both◦ ensure people are rewarded for the endeavours◦ give protection to the copyright holder if there is
an infringement
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Current legislation embodies Moral Rights - copyright holder has a right
to ensure works are not used in an inappropriate way
‘fair use’ clauses - e.g. schools allowed to copy 1% of a published work
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Literary works - includes books, poetry, telephone directories, computer programs
Musical works - of all kinds Dramatic works - not only plays but adverts
etc. Artistic works - including crafts e.g.
jewellery designs
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Sound recordings - discs, tapes, CDs etc. Film recordings - on all media Broadcasts - both audio and video Cable broadcasts - e.g. cable TV
programmes Typographical arrangements - e.g. e-books,
web pages (of text) etc.
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◦ Multimedia not specifically covered◦ Computer graphics cause particular problems.◦ Local copyright laws take precedence - important
in Internet disputes◦ ‘Look and feel’ - difficult to prove that software is
a copy◦ ‘Reverse engineering’ - write a computer program
so that it looks the same but uses different code
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Copying of pictures, sound files, music is rife esp. Fan sites
Many believe, mistakenly, that internet is copyright free.
Site ‘cloning’ becoming widespread Only large companies have resources to
pursue claims e.g. Disney Napster case very important development
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A software licensing agreement is a legal contract between the software producer and the user that sets out how the piece of software may be used.
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Single-user licence◦ Allows a copy of the software to be installed on
one machine◦ Might specifies ‘one copy may be in use at one
time’ – install on two machines
Multi-user licence◦ Allows an organisation to install the software
package on an agreed number of machines◦ Costs less as several single-user licences
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Site Licence◦ Allows the user to purchase a single copy of the software
with permission to install it on all the computers at a single location.
◦ Common in education sector
Licence by use◦ Allows the software to be installed on a large number of
stand alone computers.◦ However, only an agreed number of users are allowed to
run the software at any given time.
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Network Licence◦ One copy of the software stored on the file server◦ An agreed number of users e.g. 10◦ Software accessible to all computers e.g. 100◦ However, when the 11th person tries to use the
software, access will be denied
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Multi user licence - can be used by a set number of people
Site licence - can be used on all computers on one site e.g. a school
Academic licence - for students and teachers, usually single user
Education licence - for schools, colleges; cheap, multi user
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Shareware - have to pay for updates, support, sometime time limited
Freeware - no cost at all Charity ware - donation to charity
encouraged Post card ware - send a postcard to the
author Free software movement - encourages
freeware authors
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Essentially the copying of software without an appropriate licence
Multi £ billion business esp. in Far East e.g. all major graphics programs - normal cost ~£6, 000 - pirate copy £5
In UK and USA video games (on CD) very popular
CD-R and Internet has made process very easy
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At basic level ◦ Serial no.◦ legal protection (copyright act)
More advanced◦ Dongles◦ Electronic copy protection - code scrambler◦ Regionalisation e.g DVD
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Systems do not work◦ Copyright act - legal mine field◦ Serial No. - web site specialise in publishing
serial No.s for popular software◦ Dongles - reverse engineering of device◦ Electronic methods - broken within hours of
publication◦ Regionalisation - code breakers widely available
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Software piracy will remain major problem Internet and CD-R exacerbate problem Piracy keeps software prices high Encourages more piracy - catch 22 Music, video and game copying increasingly
common, will increase with advent of DVD-R