By Gil Lan Lawyer and Adjunct Law Professor B.Sc., LL.B., LL.M., Ph.D. (candidate) Qualified lawyer in Canada and USA * presentation is general information only. If you require legal advice, you should consult a lawyer about your unique situation

 Technology and the law  many different areas of discussion  Presentation is on laws in U.S.A., Canada and U.K.  Focus on two topics: one specific and one broad ◦ Alteration of Digital Photos (specific) ◦ Intellectual Property for computer scientists (broad)

 Manipulation of photos ◦ the changing of a photograph’s original image ◦ long and old history of this technique – example – President Lincoln of USA

Classic Photograph of US President Lincoln

Abraham Lincoln and John Calhoun Abraham Lincoln and John Calhoun

 Old technique, so why recent concerns?  Introduction of new technology ◦ Cheaper and more accessible ◦ Easy to use software (ex. Adobe Photoshop) ◦ Many images available on internet ◦ Also, very easy to circulate altered photos via internet or

 Useful applications ◦ Show possible designs and creations in the future ◦ Artistic creations ◦ Restoration of old photos ◦ Enhance (personal vanity?)  Socially negative uses ◦ Defamatory or personally misleading photos ◦ Misrepresent products or services ◦ Obscene pictures (ex. Child pornography)

 Is there any specific law that prohibits all photo manipulation?  Answer: NO

 A range of negative behavior from relatively trivial (vanity) to serious (child pornography)  However, many positive aspects too  A complete ban on photo altering technology ◦ Not desirable since would lose positive aspects ◦ Impractical to enforce  Find the middle path: law attacks problem indirectly by focusing on negative behaviors

 Technique used by Western laws ◦ Technology neutral  addresses consequences rather than technology ◦ Written in sections – easy to amend or revise ◦ Many different laws covering different aspects

 Criminal law: ◦ Child pornography: even mere possession is a crime and includes any form of depiction ◦ Fraud – attempt to dishonestly make money ◦ Mischief / Nuisance  Competition Law and consumer laws ◦ Unfair practices  misleading or false advertising ◦ Jail, fines and possibly compensation to the victim

 Defamation Law ◦ If the photo is false or misleading – then can lead to compensation for damage to reputation ◦ Includes personal reputation and business reputation (ex. Products)  Copyright Law ◦ Moral rights of creator  brings work or reputation of author in a negative light

 Employment Law ◦ Any illegal act by employee may be good reason to terminate employment and sue employee ◦ Employer may be liable for employees actions

 Special relationship between law and technology ◦ Law regulates technology but technology can also help law enforcement ◦ Detects forgeries and altered documents ◦ Trace criminals on internet ◦ Find fingerprints and other evidence on documents and pictures

 Very complex  specialized area of study  For computer scientists two main important areas: ◦ Patents ◦ Copyright

 Patent is the exclusive right to make, use or sell an invention within a certain country  Registered on a country by country basis  Protects things such as: ◦ Machines ◦ Processes ◦ Composition of materials

 Exclusive protection for 20 years from date of application  Application process is long  Expensive to apply (at least US $25,000)  Requirements: ◦ Useful ◦ Inventive (goes beyond industry common knowledge) ◦ Novel  Powerful  independent creation not a defence

 Novel  dangerous trap for scientists and scholars ◦ In order to be “novel”, the invention cannot be disclosed to public for more than 12 months before application ◦ However, many scientists and scholars don’t know this and disclose their invention at conferences or seminars  apply more than 12 months later is too late!!!!!

 Can you patent software?  Not clear: must be more than algorithm or formulae  US Patent Office has been allowing some  If you have enough money, it is may be worth a try: ◦ EU Patent Convention specifically prohibited patent for software BUT went and allowed some applications anyway

 Copyright protects the form of the expression of an idea (but not the idea itself) ◦ Books ◦ Music ◦ Movies ◦ Pictures and paintings  Creator has exclusive right to reproduce or perform work in public  Generally  rights last lifetime of author + 70 years (USA)

 Some scholars are uncertain about the future of US copyright law  1998  Disney Company’s copyright was going to expire in 2003  Asked US government to amend the law  Amend to protect US copyrights again in 20 years?!

 Computer scientists: ◦ Software programs: copyright is where most computer programs are protected: will only protect the certain unique parts of the program  not all of the program ◦ Graphic interface: very difficult to protect under US and Canadian law unless extremely unique ◦ Database information: very little protection under copyright law (however cannot steal lists from employer)

 How to establish when you created it? ◦ In Canada and US, it is possible to register it with the government office ◦ However, what if you want to keep it a secret for now or don’t have such registration procedures in a particular country?

 One old technique is to mail it to yourself!!! Not the most reliable though.

 Laws about technology are rapidly evolving  Western models are very new themselves and may not be appropriate in different countries  Very optimistic about China’s future based on what I have seen and studied