The act protects creative works, and gives the owner exclusive rights to do things such as : Issuecopies; perform or show it in public, and adapt it. Also it usually lasts 70 years after the death ofan author.Why the act is good for owners of software:It protects the authors of software by stating :When buying software the copyright law does not allow you to:• Make copies and sell them• Give copies to others• Rent the software without permissionThis protects the author because it stops people from illegally sharing the software.Why the act is good for users:When observing, studying and testing of computer programs the act states• While carrying acts such as loading, running the program or storing, it is not an infringement of copyright for a lawful user of the computer program to study, observe or test the program.This allows users to use the software with without fear of punishment.
Copyright protection applied to computer software in 1980 Computer programmes added to the list of copyright- protected works. Computer works are legally copy-righted for 50 years. Fair Use & Fair Dealing dictates that permission from creator must be received before software can be copied. Parts of computer programmes that can be copyrighted: The original source code Any translation of source code The look and feel of computer programmes The structure, sequence and organization of the element of some programmes
Main Copyright Law that is governed by the United States Act Covers The Ownership of Copyright Over Media Literature and Software The Exclusive Rights of the Owner Fair Use The Transfer of a Copyright The Registration of a Copyright Sections 106 and Section 107 covered under Act
In 1980, the Act was updated to include and cover the use of computer software Gives the computer software creator protection against any potential infringements caused by the user of the software Act covers Section 117 of US Code of Law Digital Millennium Copyright Act (DMCA)• The main purposes of the Act – Criminal offense for breaking through any anti-piracy measures of a commercial software – Illegal to produce, sell or distribute devices that crack copies of software – Cracking software is only acceptable for the purposes of research or testing – Limits the amount of copyright infringement liability imposed on the online service providers, caused by their users
Section 106 Titled ‘Exclusive rights in copyrighted works’ Copyright owner under this title has the rights to do the following:- o Reproduce multiple copies or numbers of the copyrighted work o The copyrighted work can be used as a derivative work, based on certain aspects of the copyrighted work o Distribution via selling, renting or leasing Section 107 Titled ‘Limitations on exclusive rights: fair use’ Factors to consider that fall under Fair Use:- o Whether the copyrighted work is used for commercial use or for non-profit use or education o The nature and use of the copyrighted work o How much of the copyrighted work is used - certain portions of the work or all of it as a whole o Will the use of the work have an impact on the value or market of the work
Copying the authors work (Photocopying a library book) Giving copies of the authors work to members of the public (Creating copies ofcopyrighted material and distributing it to others) Renting copies of the authors work to members of the public (Charging your friends toaccess the work. Companies such as love film and blockbuster have agreements with thefilm makers to rent their works)Using the authors work in a performance. (Including a music track in a theaterperformance) Broadcasting the authors work using digital mediums. (Uploading the authors work tothe internet) Making changes to the authors work. (Writing a computer program into a differentlanguage)
Research and Private StudyCriticism, Reviews and JournalismEducational Purposes (Teaching)Assisting the visually impairedTime delay (Recording a broadcast for domestic use at a later date)Acknowledgement (Where proper credit is given to the original author)
Attempts to find the correct ethical and lawful balance to suit both sides. The principle is to ensure that new works are not hindered by the lack of an individuals rights to use another authors material. Designed to allow new authors to create new work without fearing prosecution.
No set definition of the boundaries relating to fair dealing. Courts in the UK define boundaries by reviewing the economic impact that affects the copyright holder. If no significant impact the usage of copyrighted material may count as fair dealing. Different courts may parse different rulings, not an equal system
What is deemed fair?Is the authors privacy invaded?Is the right to use material denied?Is it in public interest for some of the material to be used?