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

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 email

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