Cyber Law Title: COPYRIGHT INFRINGEMENT OF ELECTRONIC COPYING Group Members Amirul Bin Jamil Engku Nadzry Bin Engku Rahmat Mohd Danial Shah Bin Shahzali Mohd Heiqal Kopite Bin Mohd Nasir Muhd Syafiq Bin Zulkaflay

COPYRIGHT INFRINGEMENT OF ELECTRONIC COPYING

What is copyright is a form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. "Copyright" literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.

Infringement In Copyright Copying, storing, displaying, or distributing copyrighted material using University systems or networks without the express permission of the copyright owner, except as otherwise allowed under the copyright law, is prohibited. Under the Federal Digital Millennium Copyright Act of 1998, repeat infringements of copyright by a user can result in termination of the user’s access to University systems and networks, and further prosecution as is warranted by state and Federal Laws and the Federal Digital Millennium Copyright Act of 1998.

Electronic Copying in copyright Infringement With the growth in the use of electronic databases and disk to store data, some freelance authors began to object to their articles being sold to companies that produced these databases and disks. The Supreme Court, in New York Times v. Tasini, 533 U.S. 483, 121 S. Ct. 2381, 150 L. Ed. 2d 500 (2001), held that the Act protects the copyrights of the writers, rejecting an argument by the publishers that the conversion of the original works to an electronic format constituted a "revision" of the collective work, which would have been permissible under the Copyright Act.

COPYRIGHT consist of three law Digital Millennium Copyright Act (DMCA) 1998 No Electronic Theft (NET) 1997 Copyright Act 1976

Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act (DMCA), signed into law in 1998, recognizes that digital transmission of works adds complexity to the Copyright Law. The DMCA provides non-profit educational institutions with some protections if individual members of the community violate the law. However, for Brown University to maintain this protection, we must expeditiously take down or otherwise block access to infringing material whenever it is brought to our attention and whether or not the individual who is infringing has received notice. DMCA infractions can result in serious consequences regarding activities of faculty, graduate students, or staff who are performing teaching or research functions if the university has received more than two notices of infringement against an individual within a three-year period.

DMCA continue Universities and individuals can be subject to the imposition of substantial damages for copyright infringement incidents relating to the use of University network services. In a civil action, the individual infringer may be liable for either actual damages or statutory damages of up to $30,000 (which may be increased to up to $150,000 if the court finds the infringement was willful). In addition, individual infringers may be subject to criminal prosecution. Criminal penalties include up to ten years imprisonment depending on the nature of the violation.

No Electronic Theft (NET) Congress enacted the No Electronic Theft (NET) Act in 1997 to facilitate prosecution of copyright violation on the Internet. The NET Act makes it a federal crime to reproduce, distribute, or share copies of electronic copyrighted works such as songs, movies, games, or software programs, even if the person copying or distributing the material acts without commercial purpose and/or receives no private financial gain.

No Electronic Theft (NET) Before this law took effect, people who intentionally distributed copied software over the Internet did not face criminal penalties if they did not profit from their actions. Electronic copyright infringement carries a maximum penalty of three years in prison and a $250,000 fine.

There are three theories of copyright infringement Direct Infringement Contributory Infringement Vicarious Infringement

Direct Infringement is, of course, making, using, offering to sell, selling or importing into the US an infringing product during the life of the patent without a license from the patent holder.

Contributory Infringement is one who "offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article of commerce suitable for substantial noninfringing use

Vicarious Infringement is that which enables the direct infringer to practice the patented intention. This type of infringement can take the form of helping the direct infringer to assemble the patented product; providing instructions that detail how to produce the patented invention; preparing instructions for consumer use; or licensing plans or a process which enable the licensee to produce the patented product or process.

Cases

Conclusion Copyright