1.The Nature, Impact, and Issue of Information Technology 1.5Basic Legal Framework relating to the Use of IT

Provisions of Copyright  Copyrights originally covered books, maps, and charts, and later extended to engravings and prints, musical compositions, photographs, motion pictures, sound recordings, and software

Primary Intention of Copyright Protection  to promote the creation and dissemination of works that enhance the public ’ s access to knowledge *

Provisions of Copyright  The copyrighted work must be fixed in a tangible medium of expression, from which it can be perceived / experienced / understood by others

Provisions of Copyright  The main object being protected in copyright protection is the originality and the expression of an idea in the work rather than the idea itself. –Someone who reads a program and then write his own program with the same expression of the algorithm would be a violation of copyright –If the person uses a different algorithm to accomplish the same purpose, or even uses the same algorithm but with a substantially different coding, there is no violation

Provisions of Copyright  Copyright protection extends for the life of the author plus 50 years  For authorship by an employee of a business as part of their job, the work is considered a “ work for hire ” and is protected for 75 years from first publication or 100 years from creation, whichever expires first *

Rights of The Copyright Owner  Control the creation of direct copies of the work  Creation of derivative versions of the work  Distribution of copies of the work  Public performances or display of the work *

Provisions of Copyright  If a copy of copyrighted work is sold to another party, that person cannot make copies of the purchased copy without violating the copyright, but can generally resell, lease, or lend the copy purchased except sound recordings and software  The business of software and sound recordings rentals made unauthorised copying so easy that it is resulted in a substantial loss in sales to the copyright holders *

Copyright Protects Against  Copying in translation between languages such as book translation from English to Chinese, even in software programming translation from Pascal to C.  Conversion from one medium to another such as creating an electronic version of a book published in paper. *

Exceptions  Some could study a program to learn how it worked, create a substantially different expression of the same algorithm, and be performing legitimate reverse engineering, which would not violate the copyright

Substantial Similarity  Substantial similarity does not automatically mean that a work was copied. –If there was a relatively low degree of originality in the copyrighted work to begin with, the degree of similarity is not indicative of a direct copy. The possibility of independent creation must be considered. –If a person has never seen the original copyrighted work, he could not have copied it.

Fair Use of Copyrighted Materials  The purpose of allowing fair use of copyrighted material is to provide for some limits on copyright protection for certain activities so as to advance the primary intention of copyright protection

Fair Use of Copyrighted Materials  News reporting  Commentary  Criticism  Research  Scholarship  Teaching

Fair Use of Copyrighted Materials  In general, the limits of fair use are more liberal for –Non-commercial/educational applications than for commercial ones –Use from a factual work than an artistic work –Use from a published work than an unpublished work –Use from out-of-print work than one in print –Use of lesser and less important parts of a work –Uses that have less detrimental affect on the work ’ s economic value

Copyright and Work Made for Hire  Programs are no different from any other literary creation. You may claim a copyright just as an author may claim a copyright to a story and you don ’ t have to register the copyright; it is automatically in effect when you create the program.

Copyright and Work Made for Hire  But if someone hires you to write a program, do you own it or does the party who hired you? This is the so called work made for hire doctrine in copyright law.  When the program is created by a person employed by another party, the program is considered work made for hire, and the party for whom the work was prepared is the author and has the copyright unless the parties involved have a written agreement to the contrary.

Copyright and Work Made for Hire  But it is often difficult to determine when a developer is working as an employee and when his is an independent contractor.  A variety of business and employment relationships can lead to the development of copyrighted programs.  The easiest way to avoid a problem is to settle it before the work begins, through a written agreement.

Copyright and Work Made for Hire  In case of disagreement in copyright, the issue will be if the hiring party controlled the “ manner and means ” of the program creation determined by factors such as: –Skill required, –Source of instruments and tools, –Location of work, –whether the hiring party could assign additional projects to the hired party, –Length of relationship between the parties, –Extent of discretion by the hired party over when and how long to work,

Copyright and Work Made for Hire –The hired party ’ s role in hiring and paying assistants, –If the work was part of the regular business of the hiring party, –Method of payment, –Tax treatment of the hired party.  If you do not receive traditional employee benefits, use your own equipment, and set your own work schedule, your work is likely not to be recognised as work for hire, and the copyright will be yours.

Copyrighted Software  Copyrighted software are software with copyright which is a form of legal protection that grants certain exclusive rights to the author of a program or owner of the right  They can be subdivided into 3 types: –Freeware –Shareware –With licensed to use

Public Domain Software  Public domain software are distributed through bulletin board system or computer users ’ groups. Any user can copy it without paying any fee  Software in which ownership has been relinquished to the public at large (from techweb.com/encyclopedia)

Copyrighted Freeware  Software distributed without charge. Ownership is retained by the developer who has control over its redistribution, including the ability to change the next release of the freeware to licensed to use copyrighted software.  Contrast with feeware *

Copyrighted Freeware  Freeware is usually a not-yet-made-perfect software  The authors/developers want to have comments and recommendations from the public. The users have the responsibility to give feedback and to point out errors and incompatibilities in the program.  After all the bugs are fixed and necessary improvements made, a freeware will usually become a licensed to use copyrighted software.

Copyrighted Shareware  Software distributed on a trial basis through the Internet, online services, BBSs, mail- order vendors and user groups.  The software can normally function for a limited period, know as the evaluation period.  After that period, some parts may not function.

Provisions of Copyright  Reference sites:    op/01copyright/index.html op/01copyright/index.html