Defining The Area Of Intellectual Property Law That Regulates Copyrighted Work

As mentioned before, one of the acts relating to technology is the Copyright Amendment Act 2000 (Cth). Authors of creative material have an automatic right not to have this material copied or used by others for profit or for gain. This means that people who make copies of TV programs, movies, songs or articles may be committing a crime. Exemptions apply for fair copying of material used for critical review or educational purposes. In 2006, this Act was amended to also exempt the temporary taping of a TV program to watch later and copying from a legal copy of material to another format (such as turning songs on CD into MP3 format for use in music players. The law also allows people to copy works for parody. Most exemptions apply only to individual use and do not allow the sharing of the material. The law also makes it illegal to access pay TV services without authorisation or to modify any protection measures intended to stop people illegally copying digital media.

Copyright, Design and Patents Act 1988 – protects the rights of the creators of literary, dramatic, musical, and artistic works, recordings and broadcasts. Copyrighted material can only be copied with the copyright owner’s permission, which includes books, music, photographs, drawings, diagrams, etc;

This exclusive legal right that is given to the original artist to print, perform film, publish or record literary and authorize others to do so for their material. This protects a physical expression of ideas , for example someone has an idea to write a book the content that is written in that book is covered by the copyright act as it will be unique to the creator. You do not need to register or claim copyright, this protection is automatic as soon as it is created. If someone steals information or wrongly sells other work or creation for their own financial benefit then this copy right act will protect the original creator and he can claim back the money that has been gained by the person who has taken the material without permission. This protects security and the use of private data as it does not allow anyone to take data or material without the author permission, if this does happen the user who has taken this material can be fined and prosecuted as the products does not belong to them, the author can also decide how his material has been used and if someone breaks his restriction they can also be prosecuted.

There are claims made suggesting that copyright is a direct violation of our freedom of speech. Within the general foundation of protection and enjoyment of those protections, rest limitations, because of the real connection between authorization and copyright law. The goal of research is to investigate and unearth specific facts about the history of intellectual property in relation to old and contemporary court cases. The M. Whitmark & Sons v. Pastime Amusement Decree states that copyright is an indivisible and cannot be split up and partially assigned, as to time, place, rights and privileges (298 F. 470, 1924). Does this case contradict the Digital Millennium Act? Are the copyright rules in violation of any rights concerning our right to free speech? If so, how are those rights violated? The Statute of Anne in eighteenth century Europe, was set up to prevent the unauthorized composition of works that had

This law allows the owners of the work they created to copyright it so know one can copy the work.

One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.

Copyright laws apply to communication through electronic transmission if the work that is copied is intended to be retrieved and used by someone else, irrespective of whether members of the public avail themselves of that opportunity . An

Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.

To begin, copyright is the privilege of an author of a work to keep others from utilizing his or her work without consent. An author of a work has the selectors right to state yes or no to the different

We respectfully submit this brief amicus curiae in support of the petitioners, Eldred et al. The petitioners owned the copyrights of works now in the public domain. They challenged the 1998 Copyright Term Extension Act (CTEA) on the grounds that the act allows copyrights to exist in perpetuity and restricts free speech, so the act violates the Copyright Clause and the First Amendment of the United States Constitution. Justice Ginsburg denied Eldred’s challenges, finding that the terms established by the CTEA are limited terms and that the act accommodates for petitioner’s First Amendment concerns. We submit this amicus curiae in dissent of the court opinion that upheld the CTEA.

The enforceability of copying is always an issue so even though “the rights model of the law has not changed—author are entitled to control copying — but the practical ability to enforce that right has shrunk. (Parker

The term ‘fair use’ is defined by Hudson as the use of copyright material without permission from the owner for purposes that are deemed fair. In the digital economy however, new challengers arise with ‘fair use’. These challenges are due to the complex and changing nature of the digital environment, and the need for the law to remain relevant, and be clear and broadly understood in the community. Secondly, the purpose of copyright law is to stimulate creation and learning by providing incentives to create and distribute. Therefore, it is important that reforms do not change the fundamental objectives of the copyright law. The ALRC has made recommendations outlining implementation of ‘fair use’ legislation in Australia, which is intended to outline the purpose and character of copyright material that may be used without permission from the owner. The purpose of the ALRC report is build a fair and reasonable legal guidelines where copyright material can be used fairly for purposes that may not infringe copyright.

The rise of the Internet era opened the whole new market for traditional media full of opportunities as well as threats. Online piracy being one of them because the music and film industry loses £5.4bn in a year and if it was reduced by 10% it could have created up to 13 thousand jobs in the UK. There are various attempts taken to fight with online piracy; a case study of Anti-Counterfeiting Trade Agreement will be considered as well as other legislations attempting to regulate copyrights in the Internet. This

The enduring fascination for people is that they want law to be flexible in the matter of copyright. This was clearly expressed by Ed Mayo, Chief Executive of Consumer Focus quoting "UK copyright law is the oldest, but also the most out of date. Before addressing the question it’s important to look at the history and definition of UK Copyright law. It has grown from this beginning to form the main legal basis for the international publishing industry, which contributes so much to literature, learning and culture not only in the UK but it has crossed different nation’s borders.

An alternative emerging approach for licensing music, software, research paper and many other resources on the internet, creative common sharing copyright, is introduced.