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Electronic Copyright – The New Wave of Piracy and Other Scary Tales About Surfin the Net Rachel Vance, University Legal Office June 2003.

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Presentation on theme: "Electronic Copyright – The New Wave of Piracy and Other Scary Tales About Surfin the Net Rachel Vance, University Legal Office June 2003."— Presentation transcript:

1 Electronic Copyright – The New Wave of Piracy and Other Scary Tales About Surfin the Net Rachel Vance, University Legal Office June 2003

2 Introduction Overview of Copyright Copyright in Universities- Both Users and Creators Piracy, whats all the fuss about? Minimising the Risk Balancing Act – control and freedom

3 What is Copyright? Type of Intellectual Property which protects creative effort Protects the expression of an idea – not the idea itself – in a tangible form Low threshold for creative input ie phonebooks, compilations of data attract protection

4 Copyright Legislation Statute of Anne: 1710 Berne Convention:1886 (literary & artistic works) Rome Convention:1961 (music, records etc) Rules on what can be protected, rights protected, exceptions and term of © New Technology meant both updated in 1996

5 Copyright Legislation The Australian Copyright Act 1968 (Cth). The Act covers the exclusive rights of copyright owners as well as the rights of users. Digital Amendments, March Moral Rights Amendments, December 2000.

6 How do you Get Copyright Protection? Automatic – no need for formal registration. Exists when material created © symbol alerts users but not required Period of protection - Australia 50yrs ( some exceptions) -USA and Europe 70yrs -USA pushing Aust for longer period- FTA negotiations

7 What Material Is Covered? Two Broad Categories: Works: literary, dramatic, musical and artistic works, includes maps, plans, computer programs Subject Matter Other Than Works: Films, sound recordings, broadcasts, published editions of works, performances

8 Complexity of Copyright Copyright can be layered Music CD Protected as a sound recording, but also has musical scores, lyrics and performances CD ROM could include, text, software, photographs, drawings and graphics, music, scripts, sound recordings, animation, film, video and performances

9 What Rights Does Copyright Protect? Bundle of exclusive economic rights including: Reproduction and communication Publication Performance in public Adaptation Commercial rental Moral Rights (non-economic rights)

10 Using Someone Elses Copyright Material You may be able to copy if: Work is out of copyright or in public domain Within Copyright Act Free Exceptions Under Statutory Licenses Permission or licence from the owner

11 Free Exceptions to Infringement Fair Dealing for purpose of Research or study Criticism or review Reporting the news or Legal advice Library Provisions Increasingly cant exercise these rights online

12 Statutory Licences Part VB- covers print copying and electronic copying and communication Part VA covers copying and communication of broadcast but not webcast material. Off-air and not commercial videos etc Not free Specific limits and conditions Unis are trying to negotiate similar ones for music

13 Permission of Owner Licence to use overrides legislation Think carefully about the use you require Do they have rights to grant permission?

14 Copyright Myths Its okay because - Everything on the web is free – its all in the public domain Im using it for educational purposes Were not making any money out of it I copied it overseas not here

15 Copyright Myths…cont It doesnt have a copyright notice – so its not protected If I change the bit I copied a bit then thats okay If I acknowledge the source then I dont need permission If I cant find the owner after trying pretty hard- its okay to go ahead and use it

16 Piracy, Pillaging and P2P Technology Recent Media reports – here and US Universities in USA, UK and Aust being pursued by entertainment communities (music & movies) Students focus of litigation – 3 charged but settled out of court in US Three Australian Students charged and facing 5yrs jail and $50k fine

17 Piracy, Pillaging and P2P Technology © Owners refer to prohibited copying as ``piracy'' ethically equivalent to attacking ships, kidnapping and murdering the people on them. Neutral terms ``prohibited copying'' or ``unauthorized copying'' are alternatives. Others use language such as ``sharing information'' eg. using P2P technology.

18 Peer-to-peer (P2P) In a peer-to-peer network: there are no dedicated servers or hierarchy among the computers all computers on the network handle security and administration for themselves the users must make the decisions about who gets access to what

19 Developments in USA Joint Committee of Higher Education and Entertainment Communities Technology Task Force Pressure from US for Australia to strengthen © laws to protect content industries – FTA Apple Music – charging 99c per song online, already $2m sold in first two weeks Disney now produce self destructing DVDs!

20 University Exposure Increased ability to infringe Increased ability for owners to find out Potential for authorisation merely by providing to facilities to infringe… Moorehouse Vicariously liable for staff Not so for students – position still unclear – Verizon

21 Penalties Both Civil and Criminal $55k for individuals - $250k for corporations 5yrs Jail Legal Costs Lost time

22 Insurance Cover??? Check your Policy Does it exclude electronic copyright? How does it define electronic copyright? Ask why excluded? Get cover !!!!

23 Minimising the Risk Ensure meeting copyright obligations Copyright compliance process Obligation to educate and raise awareness Are staff informed of copyright legislation? Industry Code of Practice – protection of Act

24 Why not monitor staff and students? Content industries would have us monitor all use Invasion of Privacy – Verizon ruling in States Potential chilling effect on Academic freedom Universities are the incubators of innovation – rely on access to information to inspire new work Censorship not the role of University

25 In Conclusion Copyright complex Risk has increased Legal status unclear Loss of rights real risk for universities when trying to resolve risk of infringement

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