Cyber Law Title: COPYRIGHT INFRINGEMENT OF ELECTRONIC COPYING Group Members Amirul Bin Jamil Engku Nadzry Bin Engku Rahmat Mohd Danial Shah Bin Shahzali Mohd Heiqal Kopite Bin Mohd Nasir Muhd Syafiq Bin Zulkaflay

COPYRIGHT INFRINGEMENT OF ELECTRONIC COPYING

What is copyright is a form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. "Copyright" literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.

Infringement In Copyright Copying, storing, displaying, or distributing copyrighted material using University systems or networks without the express permission of the copyright owner, except as otherwise allowed under the copyright law, is prohibited. Under the Federal Digital Millennium Copyright Act of 1998, repeat infringements of copyright by a user can result in termination of the user’s access to University systems and networks, and further prosecution as is warranted by state and Federal Laws and the Federal Digital Millennium Copyright Act of 1998.

Electronic Copying in copyright Infringement With the growth in the use of electronic databases and disk to store data, some freelance authors began to object to their articles being sold to companies that produced these databases and disks. The Supreme Court, in New York Times v. Tasini, 533 U.S. 483, 121 S. Ct. 2381, 150 L. Ed. 2d 500 (2001), held that the Act protects the copyrights of the writers, rejecting an argument by the publishers that the conversion of the original works to an electronic format constituted a "revision" of the collective work, which would have been permissible under the Copyright Act.

COPYRIGHT consist of three law Digital Millennium Copyright Act (DMCA) 1998 No Electronic Theft (NET) 1997 Copyright Act 1976

Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act (DMCA) of 1998 was a law enacted as a way for Congress to try and get copyright law updated for the age of the Internet. The two sections that we will talk about are the sections about circumventing digital rights management (DRM) Circumvention systems and the Safe Harbor Provision.

DRM Circumvention DRM systems are technology used to protect copyrighted works from digital copying, which with computer is trivial. DRM systems are not infallible however and it is almost always possible to circumvent the system. The DMCA handles this issue by making it illegal to circumvent DRM systems. It also makes it illegal to create or distribute tools that allows for DRM circumvention (“The Digital Millennium Copyright Act”). Safe Harbor Provision The purpose of the Safe Harbor Provision is to help protect businesses of copyright infringement on their servers by their consumers. Such activities that businesses could partake in that wouldn’t be liable for are routing and transmission of copyrighted works, caching of copyrighted works, hosting copyrighted works uploaded by consumers, and providing location information (such as search engines) for copyrighted works (“The Digital Millennium Copyright Act”).

No Electronic Theft (NET) This law was also a law made by Congress to help update copyright laws for the Internet Age. Before this act, copyright infringement only occurred when the infringer received financial benefits. This proved troublesome in the Internet Age since the copying and transmitting of files is trivial, allowing individuals to distribute copyrighted works for free for others. The No Electronic Theft Act of 1997 updates copyright law to close this hole.

The Copyright Act of 1976 The Copyright Act of 1976 is the primary basis for definition of copyright in the US. It covers information such as the requirements for a copyright, rights of a copyright holder, and the limitations imposed on copyright holders.

There are three theories of copyright infringement Direct Infringement Contributory Infringement Vicarious Infringement

Direct Infringement is, of course, making, using, offering to sell, selling or importing into the US an infringing product during the life of the patent without a license from the patent holder.

Contributory Infringement is one who "offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article of commerce suitable for substantial non infringing use

Vicarious Infringement is that which enables the direct infringer to practice the patented intention. This type of infringement can take the form of helping the direct infringer to assemble the patented product; providing instructions that detail how to produce the patented invention; preparing instructions for consumer use; or licensing plans or a process which enable the licensee to produce the patented product or process.

Cases

Conclusion Copyright