Information SystemsInformation SystemsUnit 3 – Outcome 3

Legal Obligations of Programmers

Student Lecture

Unit 3 – Outcome 3 (DP 10)Unit 3 – Outcome 3 (DP 10)

Legal obligations of programmers, including adherence to amendments made to the copyright act with respect to digital content, (copyright amendment (digital agenda) act 2000), and ethical considerations regarding the development of programming solutions;

The Privacy Act 1988 and the The Privacy Act 1988 and the Privacy Amendment (Private Privacy Amendment (Private Sector) Act 2000Sector) Act 2000 The Privacy Act has different guidelines for

Government and non-Government Sectors. The Government Sector - The Privacy Act 1988 The Private Sector - Privacy Amendment

(Private Sector) Act 2000 Two separate acts, closely linked, and in many

ways are complementary. Students, do not need know all the specifics of

each Act, need to be aware which act is applicable to different organisations.

The Government SectorThe Government Sector

There are 11 Information Privacy Principles (IPP) that underpin this act in relation to the Government Sector.

The Government SectorThe Government Sector

Principle 1. Manner and purpose of collection of personal information 

Principle 2. Solicitation of personal information from individual concerned

Principle 3. Solicitation of personal information generally

Principle 4. Storage and security of personal information

The Government SectorThe Government Sector

Principle 5. Information relating to records kept by record-keeper

Principle 6. Access to records containing personal information

Principle 7. Alteration of records containing personal information

The Government SectorThe Government Sector

Principle 8. Record-keeper to check the accuracy of personal information before use

  Principle 9. Personal

information to be used only for relevant purposes

 

Principle 10. Limits on use of personal information

Principle 11 Limits on disclosure of personal information

The Private SectorThe Private Sector

The Private Act, for the Private Sector, is based upon the National Privacy Principles(NPP).

There are 10 NPP’s. These cover the full range of activities that

an organisation undertakes with people’s data.

The Private SectorThe Private Sector

Principle 1: Collection  Principle 2: Use and

Disclosure Principle 3: Data

Quality Principle 4: Data

Security  Principle 5: Openness

Principle 6: Access and Correction 

Principle 7: Identifiers Principle 8:

Anonymity  Principle 9:

Transborder data flow Principle 10: Sensitive

Information

Other ActsOther Acts

The Information Privacy Act (Vic.) The Health Records Act 2001 (Vic)

The Copyright Amendment The Copyright Amendment (Digital Agenda) Act 2000(Digital Agenda) Act 2000The Copyright Amendment (Digital

Agenda) Act 2000 covers the various copyright issues that exist with digital media. This is a particularly lengthy document (as one would expect) that covers all aspects of digital copyright.

Copyright Protection is Free Copyright Protection is Free and Automaticand AutomaticNo system of registration for copyright

protection in Australia.Copyright protection is free and automatic. This also applies to non-Australian works

published or accessed in Australia. A copyright notice (or the ©) while

signifying copyright protection is not actually needed – items are protected even though the copyright notice is not on it.

Who Owns CopyrightWho Owns Copyright

The general rule is that the creator of the item is the first owner of copyright.

This right can be varied by agreement, but there are also some specific exclusions that are relevant to digital items.

Who Owns CopyrightWho Owns Copyright

When the work is made by an employee in the course of employment, and as part of the employee’s usual duties, then the first owner of copyright is the employer.

This includes programs / websites / documents etc. that are written by an employee, but does not include those written in a freelance or contract arrangement.

Who Owns CopyrightWho Owns Copyright

The government is the first owner of copyright in material created or first published under its direction or control.

It is important to note that owning a disk or piece of hardware does not mean that you own the copyright to that material.

Rights of Copyright OwnersRights of Copyright Owners

• Owners of copyright materials, including computer programs and other digital forms, have a number of exclusive rights including the right to:

• Reproduce the item in a material form (this includes copying the program to the hard disk of a computer, and writing or typing the source code of the program);

• Publish the item (meaning to make the item available to the public for the first time in Australia);

Rights of Copyright OwnersRights of Copyright Owners

make an “adaptation” of the item (this includes making a version of the item in a different programming language, code or format); and communicate the program to the public (including by making it available online, or by electronically transmitting it including posting it on the internet.)

Rights of Copyright OwnersRights of Copyright Owners

If anyone other than the copyright owner wants to do any of these things with the program / item, he or she will generally need the owner’s permission.

Copyright protection last for the life of the author plus 50 years.

Note that the author is the individual or individuals that created the materials, not the company that published it.

If there is more than one author, copyright will last for the life of the last surviving author plus 50 years.

Copyright InfringementCopyright Infringement

Copyright infringement in regards to electronic products occurs whenever protected material is dealt with in a manner that is exclusively controlled by the copyright owner.

This can include making reproductions, making “adaptations” or something similar. Where a digital item has been made commercially available with a licensing agreement, actions that are in breech of that agreement would be an infringement of the copyright owner’s rights.

Copyright InfringementCopyright Infringement

Copyright is also infringed by someone who “authorises” someone else to infringe copyright.

In addition, a person may infringe copyright by importing computer programs (even legitimatecopies) for sale or other commercial purposes without a licence from the copyright holder.

It should be noted though, that some forms of digital media are no longer covered by this legislation, and “parallel importing’ is now permitted (particularly in the case of music CD’s).

Technological protection Technological protection measuresmeasuresIt is illegal to make, import or

commercially deal with devices and services which circumvent technological copyright measures (such as decryption software, or the chips in play stations). There are exceptions to this if it is for a permitted purpose.

ExceptionsExceptions

There are a number of exceptions where permission from the copyright owner would not be required. These include:

ExceptionsExceptions

Making a backup copy of a computer program – the legitimate owner of a computer program may make a backup copy of the program either to use in place of the original copy or to store in case of the original is lost or destroyed.

This exemption does not apply if the licensing agreement of the software prohibits it or has expired, or the original program has a technological block to prevent the copying of the program.

Further, this exemption only applies to computer programs – it does not apply to music CD’s, computer games or CD-ROMS.

ExceptionsExceptions

Making inter-operable products - a program may be adapted in order to get information necessary to enable an interoperable product to be made.

Security testing and error correction – a copy may be made for various security testing and to correct errors and security flaws.

Government use – the government may use copyright material without the copyright holders permission provided the use is “for the services of the government”.

Other IssuesOther Issues

There are a number of other issues that are covered in this act, such as rights management, retransmission of free to air broadcasts and the liability of carriers and ISP’s – however, they are not of significance to the study design.

Other IssuesOther Issues

Students should be able to provide general responses to questions like:

If I wrote a computer program, who owns the copyright of it?

Is it an offence to copy program code?Am I allowed to copy software?Am I allowed to include pictures from a

website in my website?

Acknowledgements:Acknowledgements:

The following were used in the writing of this article:

Internet: copying from Digital Agenda amendments: an overview

Computer software and copyright (All from the Australian Copyright Council)

Guidelines to the National Privacy Principles (From The Office of the Federal Privacy Commissioner)

Acknowledgements:Acknowledgements:

Information Privacy Principles under the Privacy Act 1988

David Patrao – for VITTA’s Infonet publication – Issue 3 2002.

Further Information:Further Information:

www.privacy.vic.gov.au : Victorian Privacy Commissioner

http://healthrecords.health.vic.gov.au/overview.htm : Victorian Health Records Act

www.privacy.gov.au: The Office of the Federal Privacy Commissioner

www.copyrightaware.gov.au: Copyright info for schools