copyright designs and patents act new 13 12-11

Understand the provisions of the Copyright Designs and Patents Act 1988

Understand the need for and use of License agreements

Understand the provisions of the Copyright Designs and Patents Act 1998

Understand the need for and use of License agreements

ALL WILLRemember the definition of copyright and the different types of licensing

MOST SHOULDIdentify what is covered under the CDPA and other types of licenses

SOME COULDDiscuss problems with the CDPA and software licensing

EVIDENCEQ&A

EVIDENCENotes

EVIDENCEDiscussion

Objectives: Outcomes:

Copyright Law Software and copyright Licensing Software Piracy Copyright and the Internet

Copyright gives certain legal protection to authors of materials

Originally intended for books, sheet music, photographs etc.

In the U.K. it is covered by the Copyright, Designs and Patents Act 1988

This is the U.K. form of the Intellectual Property Rights (IRP) legislation which exist in most countries

The legislation exists to both

◦Ensure people are rewarded for the endeavours

◦Give protection to the copyright holder if there is an infringement

Musical works - of all kinds

Interesting development in the last few years:http://www.bbc.co.uk/news/entertainment-arts-14882146

http://www.bbc.co.uk/news/entertainment-arts-15333892

Dramatic works - not only plays but adverts etc. Artistic works – photograph, sculpture, including crafts e.g. jewellery Sound recordings - discs, tapes, CDs, mp3’s etc. Film recordings - on all media Broadcasts - both audio and video Cable broadcasts - e.g. cable TV programmes Typographical arrangements - e.g. e-books, web pages (of text) etc.

Literary works - includes books, poetry, computer programs

http://www.legislation.gov.uk/ukpga/1988/48/section/3

◦What do you think are the problems with this act?

◦Multimedia not specifically covered◦Computer graphics cause particular problems◦ ‘Look and feel’ - difficult to prove that software is a copy◦ ‘Reverse engineering’ - write a computer program so that

it looks the same but uses different code

Copying of pictures, sound files, music is rife esp. With P2P networks

Many believe, mistakenly, that internet is copyright free.

Only large companies have resources to pursue claims e.g. Getty

http://goo.gl/Ffr5K http://goo.gl/Rzybl

The infrastructure we provide consists of a set of copyright licenses and tools that create a balance inside the traditional “all rights reserved” setting that copyright law creates.

Our tools give everyone from individual creators to large companies and institutions a simple, standardized way to keep their copyright while allowing certain uses of their work — a “some rights reserved” approach to copyright

This makes their creative, educational, and scientific content instantly more compatible with the full potential of the internet

A software licensing agreement is a legal contract between the software producer and the user that sets out how the piece of software may be used.

When software is bought you do not own it, you only have a license to use it.

NEVER say in an answer that you are not allowed to copy software – this is not true (you can copy it to back it up or to give it someone else if the license covers this)

Single-user licence◦Allows a copy of the software to be installed on one

machine◦Might specify ‘one copy may be in use at one time’ –

install on two machines

Multi-user licence◦Allows an organisation to install the software package on

an agreed number of machines◦Costs less as several single-user licences

Site Licence◦ Allows the user to purchase a single copy of the software with

permission to install it on all the computers at a single location.◦ Common in education sector

Licence by use◦ Allows the software to be installed on a large number of stand

alone computers.◦ However, only an agreed number of users are allowed to run the

software at any given time.

Network Licence◦One copy of the software stored on the file server◦An agreed number of users e.g. 10◦Software accessible to all computers e.g. 100◦However, when the 11th person tries to use the software,

access will be denied

Multi user licence - can be used by a set number of people

Site licence - can be used on all computers on one site e.g. a school

Academic licence - for students and teachers, usually single user

Education licence - for schools, colleges; cheap, multi user

Shareware - have to pay for updates, support, sometime time limited

Freeware - no cost at all Charity ware - donation to charity encouraged Post card ware - send a postcard to the author Free software movement - encourages freeware

authors

Essentially the copying of software without an appropriate licence

Multi £ billion business esp. in Far East e.g. all major graphics programs - normal cost ~£6, 000 - pirate copy £5

In UK and USA video games (on CD) very popular CD-R and Internet (P2P networks) has made this

process very easy

At basic level ◦Serial no.◦ legal protection (copyright act)

More advanced◦Dongles◦Electronic copy protection - code scrambler◦Regionalisation e.g DVD

◦ http://www.ehow.com/about_5403872_problems-copyright-internet.html

Systems do not work◦Copyright act - legal mine field◦Serial No. - web site specialise in publishing serial No.s

for popular software◦Dongles - reverse engineering of device◦Electronic methods - broken within hours of publication◦Regionalisation - code breakers widely available

Software piracy will remain major problem Internet (peer-to-peer networks) and CD-R

increase the problem Piracy keeps software prices high Encourages more piracy - catch 22

UK Legislation website about Copyright, Designs and Patents Act 1988 http://www.legislation.gov.uk/ukpga/1988/48/contents The UK Copyright Service - Intellectual property registration centre http://www.copyrightservice.co.uk/ Information about copyright designs and Patents Act 1988 http://www.ipo.gov.uk/types/copy/c-applies/c-literary.htm