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Intellectual Property:
  Copyright and Technology




                 Nickkisha Farrell
            Thursday 9th Feb, 2012
Overview

    Intellectual Property and Its Components

    Copyrights
    • Definition
    • Characteristics
    • How to gain copyright


    Copyrights and Technology

    Issues/ Challenges

    The Legal Aspect
Intellectual Property (IP)
• Intellectual Property (IP) are creative works that have
  economic value and are protected by law. (Microsoft Encarta)




• IP rights are designed to award the owner of IP, rights
  over the distribution and use of his or her work.
• IP rights prevent users from copying, performing, or
  distributing these works without permission of the
  owner.
• Main purpose of this protection is to provide
  incentives for people to produce scientific and
  creative works that benefit society at large.
Intellectual Property
• Divided into several categories which include

   – Protects authored works (authors original expression)


   – Protects inventions


   – Help safeguard information critical to an organization’s
     success


• This presentation will closely examine Copyright; since
  this IP regime is particularly critical to the realm of
  cyberspace.
Copyright
• Copyright is a legal term describing rights given
  to creators for their literary and artistic works
• Grants creators of                works the right to
  – Distribute
  – Display
  – Perform
  – Reproduce work
  – Prepare derivative works based upon the work
  – Author may grant exclusive right to others
  – Author enjoys both commercial and moral rights.
Category of Work

• Literary works
• Musical works
• Artistic works
• Films
• Sound recordings
• Broadcasts
• Choreography
• Computer Programs
Length of a Copyright
• US
• The length of the Authors Life + 70 yrs

• In St. Vincent and the Grenadines
Category Of Work                   Period Of Protection

Literary, dramatic, musical or remainder of the life of author after
artistic works of known authorship creation of the work plus 50 years
                                   from the end of the calendar year in
                                   which the author dies
Typographical arrangements      of 25 years from first publication
published editions
Performances                       50 years from the end of the
                                   calendar year in which the
                                   performance takes place
How to I give Notice that I have Copyright

• To signify ownership of a work, it is usual to place
  a copyright notice on the work, consisting of the
  copyright symbol ©, the name of the right holder
  and the date of creation of the work.


• You do not have to legally register to gain
  copyright protection.
Copy Right and Technology

• Technology now affords: wide availability of
  information which has given rise to concerns of
  information and property ownership.


• Copyright Infringement
  – Copy substantial and material part of another’s
    copyrighted work
  – Without permission
Copy Right and Technology

• Areas of copyright infringement
  – Worldwide sale of counterfeit consumer supplies
  – Plagiarism
  – Piracy


• Copyrights to protect computer software exist
  – To prove infringement, copyright holders must show a
    striking resemblance between the original software
    and the new software that could be explained only by
    copying
Counterfeit Consumer Supplies

• Counterfeit consumer goods, commonly
  called knock-offs, are counterfeit or imitation
  products offered for sale.
Plagiarism
The unauthorized use or close imitation of the language
   and thoughts of another author and the
  representation of them
  as one's own original work, as by not crediting the
  author.
Piracy

• Computer piracy is duplicating a software
  without the authority of the creator of the
  software. This has been a heavy crime since the
  beginning of the internet age.




               SOPA

     PIPA
Copyright Infringement in SVG
• To deter unauthorized reproduction:
• Liability to a fine of $1,500.00 on summary conviction for
  a first offence of possession of an article designed or
  adapted for making infringing copies for sale, hire or use
  in the course of business and in the case of a subsequent
  offence, liability to a fine of $1,500.00 or imprisonment for
  a maximum term of 12 months (s.44 (2), (5)).

• To deter unauthorised public performances:
• Liability to a fine of $1,500.00 on summary conviction for
  a first offence of causing an infringing public performance
  or showing of protected work, and in the case of a
  subsequent offence, liability to a fine of $1,500.00 or
  imprisonment for a maximum term of 12 months (s.44 (3))
Copy Right and Technology

• World Intellectual Property Organization
  (WIPO)
  – Agency of the United Nations
  – Advocates for the interests of
    intellectual property owners
IP Protection in
St.Vincent and the Grenadines
   Commerce and Intellectual Property Office
                    (CIPO)
• Mission: To provide a sound administrative and
  regulatory framework which supports the
  development of domestic commerce and the
  protection of intellectual property rights.


• Administers Laws regarding IP Issues
• Affiliated with WIPO
Summary

• IP Laws and in particular Copyrights allow
  originators of work authority over how their work
  is used, expressed and distributed.
• Copyright Infringement though not new has been
  proliferated with advancements in Information
  Technology
• Thus world governments have seen the need to
  establish laws to police Intellectual Property as it
  infringements has implication for both our
  economies and creative motivation.
References
• Microsoft Encarta Encyclopedia Standard 2006, Microsoft
  Corporation.
• Bainbridge, D 2004, Introduction to Computer Law, Pearson
  Education Limited
• Microsoft Encarta Encyclopedia Standard 2006, Microsoft
  Corporation.
• Bainbridge, D 2004, Introduction to Computer Law, Pearson
  Education Limited
• http://www.edwardsamuels.com/illustratedstory/isc1.htm
• http://www.gov.vc/cipo
Copyright and Technology

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Copyright and Technology

  • 1.
  • 2. Intellectual Property: Copyright and Technology Nickkisha Farrell Thursday 9th Feb, 2012
  • 3. Overview Intellectual Property and Its Components Copyrights • Definition • Characteristics • How to gain copyright Copyrights and Technology Issues/ Challenges The Legal Aspect
  • 4. Intellectual Property (IP) • Intellectual Property (IP) are creative works that have economic value and are protected by law. (Microsoft Encarta) • IP rights are designed to award the owner of IP, rights over the distribution and use of his or her work. • IP rights prevent users from copying, performing, or distributing these works without permission of the owner. • Main purpose of this protection is to provide incentives for people to produce scientific and creative works that benefit society at large.
  • 5. Intellectual Property • Divided into several categories which include – Protects authored works (authors original expression) – Protects inventions – Help safeguard information critical to an organization’s success • This presentation will closely examine Copyright; since this IP regime is particularly critical to the realm of cyberspace.
  • 6. Copyright • Copyright is a legal term describing rights given to creators for their literary and artistic works • Grants creators of works the right to – Distribute – Display – Perform – Reproduce work – Prepare derivative works based upon the work – Author may grant exclusive right to others – Author enjoys both commercial and moral rights.
  • 7. Category of Work • Literary works • Musical works • Artistic works • Films • Sound recordings • Broadcasts • Choreography • Computer Programs
  • 8. Length of a Copyright • US • The length of the Authors Life + 70 yrs • In St. Vincent and the Grenadines Category Of Work Period Of Protection Literary, dramatic, musical or remainder of the life of author after artistic works of known authorship creation of the work plus 50 years from the end of the calendar year in which the author dies Typographical arrangements of 25 years from first publication published editions Performances 50 years from the end of the calendar year in which the performance takes place
  • 9. How to I give Notice that I have Copyright • To signify ownership of a work, it is usual to place a copyright notice on the work, consisting of the copyright symbol ©, the name of the right holder and the date of creation of the work. • You do not have to legally register to gain copyright protection.
  • 10. Copy Right and Technology • Technology now affords: wide availability of information which has given rise to concerns of information and property ownership. • Copyright Infringement – Copy substantial and material part of another’s copyrighted work – Without permission
  • 11. Copy Right and Technology • Areas of copyright infringement – Worldwide sale of counterfeit consumer supplies – Plagiarism – Piracy • Copyrights to protect computer software exist – To prove infringement, copyright holders must show a striking resemblance between the original software and the new software that could be explained only by copying
  • 12. Counterfeit Consumer Supplies • Counterfeit consumer goods, commonly called knock-offs, are counterfeit or imitation products offered for sale.
  • 13. Plagiarism The unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one's own original work, as by not crediting the author.
  • 14. Piracy • Computer piracy is duplicating a software without the authority of the creator of the software. This has been a heavy crime since the beginning of the internet age. SOPA PIPA
  • 15. Copyright Infringement in SVG • To deter unauthorized reproduction: • Liability to a fine of $1,500.00 on summary conviction for a first offence of possession of an article designed or adapted for making infringing copies for sale, hire or use in the course of business and in the case of a subsequent offence, liability to a fine of $1,500.00 or imprisonment for a maximum term of 12 months (s.44 (2), (5)). • To deter unauthorised public performances: • Liability to a fine of $1,500.00 on summary conviction for a first offence of causing an infringing public performance or showing of protected work, and in the case of a subsequent offence, liability to a fine of $1,500.00 or imprisonment for a maximum term of 12 months (s.44 (3))
  • 16. Copy Right and Technology • World Intellectual Property Organization (WIPO) – Agency of the United Nations – Advocates for the interests of intellectual property owners
  • 17. IP Protection in St.Vincent and the Grenadines Commerce and Intellectual Property Office (CIPO) • Mission: To provide a sound administrative and regulatory framework which supports the development of domestic commerce and the protection of intellectual property rights. • Administers Laws regarding IP Issues • Affiliated with WIPO
  • 18. Summary • IP Laws and in particular Copyrights allow originators of work authority over how their work is used, expressed and distributed. • Copyright Infringement though not new has been proliferated with advancements in Information Technology • Thus world governments have seen the need to establish laws to police Intellectual Property as it infringements has implication for both our economies and creative motivation.
  • 19. References • Microsoft Encarta Encyclopedia Standard 2006, Microsoft Corporation. • Bainbridge, D 2004, Introduction to Computer Law, Pearson Education Limited • Microsoft Encarta Encyclopedia Standard 2006, Microsoft Corporation. • Bainbridge, D 2004, Introduction to Computer Law, Pearson Education Limited • http://www.edwardsamuels.com/illustratedstory/isc1.htm • http://www.gov.vc/cipo