Copyright and Patents Mind Map

Andrea Leyden
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Key facts about Copyright and patents.

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Copyright and Patents Mind Map
1 To protect the rights of those who create and produce material based on original ideas
1.1 Intellectual Property

Annotations:

  • Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property
1.2 Avoids higher prices for those who but legally and encourages software houses to be innovative
2 Copyright

Annotations:

  • Limitations imposed by copyright When you buy software, for example, copyright law forbids you from: giving a copy to a friendmaking a copy and then selling itusing the software on a network (unless the licence allows it)renting the software without the permission of the copyright holder
2.1 Comes into effect immediately as soon as something is 'fixed' in someway
2.2 No official register for copyright, but it is a good idea to mark work with the copyright symbol, your name and the date
2.3 Type of work protected
2.3.1 Original literary works

Annotations:

  • Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters and articles etc.
2.3.2 Original dramatic works

Annotations:

  • Plays, dance, etc.
2.3.3 Original musical works

Annotations:

  • Recordings and score.
2.3.4 Original artistic works

Annotations:

  • Photography, painting, architecture, technical drawings/diagrams, maps, logos, etc.
2.3.5 Published editions of works

Annotations:

  • Magazines, periodicals, etc.
2.3.6 sound recordings

Annotations:

  • May be recordings of works, e.g. musical and literary.
2.3.7 films, including videos

Annotations:

  • Broadcasts and cable programmes.
2.3.8 podcasts/ broadcasts
2.4 Does not protect ideas, it protects the way in which it is expressed
3 Website copyright conditions
3.1 Copyright also covers the content on websites
3.2 copyright information often shown in the 'conditions of use' or 'copyright statement'
3.3 Copyright statements might be attached as a footnote to electronically stored materials and school web pages.

Annotations:

  • The vast majority of websites have a copyright notice in the footer. Most designers do this as routine on all websites they design.
4 Software piracy

Annotations:

  • Prevention of software piracy Software companies take many steps to stop software piracy: An agreement between the company that developed the software and the user must be agreed before the software is installed. This is called the license agreement and covers copyright.Certain pieces of software require a unique licence key to be entered before the installation will continue.Some applications or programs will only run if the media (CD / DVD) is in the drive. Some applications or programs will only run if a special piece of hardware called a dongle is plugged into the back of the computer.
4.1 involves the illegal copying of computer software.
4.1.1 Individuals borrowing CDs or software and putting it on their own computer
4.1.2 Professional criminals making copies in bulk and selling them through illegal outlets
4.2 End User License Agreement (EULA)
4.2.1 Purchaser does not 'own' the software but has purchased the right to use it
4.2.2 Single User
4.2.2.1 can only be loaded onto one machine
4.2.3 Multi User
4.2.3.1 bought for a certain number of users
4.2.4 Site license
4.2.4.1 bought for everyone on that that site or in an office to use the software.
5 Copyright issues
5.1 Technical solutions - giving each copy of the software a digital signature
5.2 Enforcement - taking court action against an individual or an organisation

Annotations:

  • Infringement of copyright is actionable by the copyright owner as the infringement of a property right (s. 96) or, in the case of infringement of moral rights, as the tort of breach of statutory duty (s. 103).
5.3 Education - to alert people to the indirect costs that resulted from software piracy

Annotations:

  • In general, copying for educational use (including examination) is permitted so long as it is performed by the person giving or receiving instruction (s. 32) or by the education establishment in the case of a broadcast (s. 35)[16]: however, reprographic copying is only permitted within the limit of 1% of the work per three-month period (s. 36). Works may be performed in educational establishments without infringing copyright, provided that no members of the public are present (s. 34): the parents of pupils are considered members of the public unless they have some other connection with the establishment (e.g., by being teachers or governors). Further provisions are contained in secondary legislation.
5.4 Abandon copyright - software should be seen as 'public good'
5.5 Difficulties in prevention

Annotations:

  • The Act simplifies the regime of Crown copyright, that is the copyright in works of the United Kingdom government, and abolishes the perpetual Crown copyright in unpublished works of the Crown. It also creates the separate concept of Parliamentary copyright for the works of the Parliament of the United Kingdom and the Scottish Parliament, and applies similar rules to the copyrights of certain international organisations.
5.5.1 many don't see it as a crime
5.5.2 privacy laws prevent investigation unless there is a suspicion
5.5.3 copying takes place in countries less regulated

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