an introduction to computer law judy jacobs miller © 2006
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An Introduction to Computer Law
Judy Jacobs Miller
© 2006
What is “computer law?”
It’s many things: Copyright law Trademark law Defamation law Privacy law Contract law Criminal law
Copyright
Legal protection Provided to authors/owners Of “original works of authorship”
What works are protected?
Literary Musical Dramatic Choreographic and pantomime Pictorial, graphical, sculptural Motion pictures or video Sound recordings Architectural
When does protection begin?
When the work is “fixed in any tangible medium of expression” © sign not needed Registration with U.S. Copyright Office not
needed Examples
A novel is typed Software code is stored on a computer disk A photograph is taken Song lyrics are scribbled on a napkin
How long is work protected?
Currently, Life of author plus 70 years For works “for hire,” 95 years from publication
What rights does a copyright owner have? Reproduce the work Make derivative works Distribute the work Publicly perform or display the work For sound recordings, perform the work by
digital audio transmissions
What is not protected by copyright? Idea (v. expression of idea) Fact Procedure Process Title, name, short phrase, slogan
But some of these may be trademarks
When may you use another’s work? If the work is in the public domain If the use is “fair use” If you have permission
How do you get permission? Ask! Written permission is safest
What work is in the public domain? Work for which the copyright has expired
Shakespeare Dickens
Works published by the federal government Many web sites and publications Examples
Tax forms and instructions Health advice Social security information
What is “fair use?”
Use for purposes such as Criticism Comment News reporting Teaching Scholarship research
Four factors considered in determining whether “fair use” Purpose and character of use
Commercial v. nonprofit Parody
Nature of work Fact v. fiction; published v. non-published
Amount used in relation to whole Less is better than more
Effect of use upon potential market for or value of work
Examples of fair use
Art teacher shows class slides of impressionist paintings
Student uses quotation from magazine for school paper
Newspaper review of book includes short quotation
Student paper for horticulture class shows photographs of various plants
Examples of copyright infringement: Downloading an Eminem recording Building a web site for your brother’s
business using images you found
on the Internet Copying an article from the National
Geographic magazine for a school paper Borrowing your friend’s Microsoft Office software to
put on your computer Finding a picture of Bob Marley on the Internet and
posting it on Facebook
Consequences of copyright infringement Monetary Damages Imprisonment
Purchased software
Covered by “shrink-wrap” or “click-wrap” agreement
This is almost always a valid, enforceable contract Whether you choose to read it or not
They almost all say You cannot load the software on more than one
computer If the software causes you any damage, the
software company is not liable
Trademarks
Word, name, or symbol used to identify and distinguish goods from those of another
Registered with U.S. Patent and Trademark office (PTO)
Trademarks
Some of the issues Domain name dispute
www.ggoogle.com www.AdultsRUs.com
Website metatag Website framing
Defamation
Oral or written false statement that harms a person’s reputation Libel: written Slander: oral
Consequences Monetary damages
Bottom line Creating a web site makes you a “publisher” Statements made on Facebook or Twitter are public Be careful what you say
Computer Fraud and Abuse Act (CFAA) Enacted in 1984, amended several times Prohibits accessing a computer and obtaining
National security information Financial records or credit reports Anything of value
Prohibits trespassing on a gov’t computer This includes just looking
Computer Fraud and Abuse Act (CFAA) continued …
Prohibits Releasing a worm or virus Trafficking in computer passwords Threatening to damage a computer
Consequences Monetary damages Jail
Obscenity
First amendment issue (freedom of speech) In determining what is obscene, courts apply
“contemporary community standards” On the Internet, which community . . .
Regulation difficult
Obscenity continued
Government attempts to protect minors from pornography include: Communications Decency Act (CDA) Child Pornography Prevention Act (CPPA) Child Online Protection Act (COPA)
Parts of each held unconstitutional Child pornography absolutely illegal, even in
the privacy of your home
Privacy
What privacy rights do you have? No explicit right to privacy in U.S. Constitution
4th amendment: right to be secure in their persons, houses, … against unreasonable searches and seizures
Supreme Court recognizes “zones of privacy” Are websites such as MySpace and Facebook private?
No Are emails private?
From employer or school? Probably not Banners
From Government? Electronic Communication Privacy Act (ECPA) controls Amount of privacy depends upon age of email, whether it has been
opened, and other factors
The End