Protection of webbased content
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Protection of webbased content

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Intellectual Property Right

Intellectual Property Right

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Protection of webbased content Protection of webbased content Presentation Transcript

  • Intellectual Property Rights
  • LIJA K JOHN Roll No 15 II MLISc
  • INTRODUCTION  Internet has spread all over the world  a network of networks  world’s largest repository of information  the content community, ie, the researchers, artists, educators, publishers, music and entertainment community, to expand their market at a large rate
  • COPYRIGHTING INFRINGEMENT ON NET  Materials available on the net are subject to infringement when they are downloaded without the permission of its creator  Online Piracy: When softwares are downloaded from the web and installed but not paid for, infringement of copyright occurs  Password protection
  • CATCHING AND PROXY CATCHING  storing the web pages in computer memory at user’s system or in the server  faster access to the page for the subsequent navigation.  If the website is reproduced several times, infringement occurs.
  • PROVIDING LINKS  linking of one website to another without the knowledge or consent of the owner of the linked website  Unregulated copying on the Net amounts to copyright infringement
  • FAIR USE AND ABUSE  Section 52 of the Copyright Act, 1957 enumerates fair dealings  If any literary, dramatic, musical or artistic work is made use by any person other than the author for the purpose of private use, including research, criticism or review of that work or any other work.  For the purpose of reporting the current events, reproduction of the copyrighted material for judiciary proceedings or for the use of legislature.
  • Continuation…  The Copyright (Amendment) Act, 1999 extends the list of acts in respect of computer programmes or acts in relation to computers. Making copies or adaptation of the computer programme from a personally –legally obtained copy for non-commercial use.  Using any information relating to software in order to operate newly created software or the observation study or test function of a computer programme.
  • INFRINGEMENT LIABILITY  Civil: Injunction, damages or accounts for profit.  Criminal: Imprisonment for a term between 6months and 3years can be imposed along with a fine amount between Rs.50000 and 2Lakhs.
  • If Your Intellectual Property is Stolen  Contact the site owner and ask that your content be removed. If no contact information is available, search for the domain using your content, and use the information provided to determine the administrative contact for that site.  If the content has not been removed within several days, take the next step and contact the company that hosts the offending website. Email or call the technical contact for the hosting company and let them know one of their customers has infringed upon your copyright.
  • Continuation…  If the site host does not take action, talk to a lawyer experienced with Web-based intellectual property. His or her first step is typically to send a letter asking that the content be removed; in most cases a mildly- threatening letter is sufficient.  If not, you'll be forced to sue the owner of the offending site and possibly the company hosting that site if you wish for them to discontinue using your content.
  • CHALLENGES  Policing the Net.  Issue of Jurisdiction.  According to IT Act 2000, Section 1(2) and Section 75, if a person including a foreign national violates the copyright of a person by means of a computer, computer system located in India, he would be liable under the provision of the Act.
  • CONCLUSION Copyright does exist on the Web! Defamation, blasphemy, criminal liability Data protection There is no implied right to copy Do not upload third-party materials without permission
  • REFERNCE  Sudheer. Copyright on Internet: Issues and Challenges.