Outline the legal issues emerging from new technology and evaluate the extent to which the remedies available achieve justice.
The rate of technological change in the last three decades has been extremely significant. Developments in new technology such as mobile phones, digital cameras, the Internet and email were not available 25 years ago. These changes have transformed our society but have also created a number of considerable issues for the legal system. Governments face many challenges in trying to make regulations and laws where technology is concerned. The main difficulty being that technology is constantly developing; therefore, it gives rise to an array of issues that have rarely or never been raised in political, legal or
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Intellectual property law protects the legal rights arising from a person’s intellectual creations.
Copyright law is part of a set of laws that are generally referred to as ‘intellectual property’ laws – or ‘IP’ for short.
IP laws are different to laws that involve physical property such as land and houses, fridges, watches and bicycles;
IP laws seek to protect something which can’t be touched or seen. Some other examples of IP laws include:
> patent (protects inventions and ways of doing things)
> designs (protects the look of industrially produced items)
> confidential information (protects secret ideas and information)
> plant breeder’s rights (protects plant varieties which people develop).
GENETIC TESTING EMPLOYEES:
9.23 Some legislation has adopted a slightly different approach in indicating those areas of public life covered. The RDA refers to specific areas,[14] but also contains a more general provision, based on the language of the International Convention on the Elimination of all Forms of Racial Discrimination 1966. Section 9(1) of the RDA states in part that:
It is unlawful for a person to do any act involving a distinction, exclusion, restriction or preference based on race … which has the purpose or effect of nullifying or impairing the recognition … of any human right … in any field of public life.[15]
9.24 The Genetic Privacy and Non-discrimination Bill 1998 (Cth), which is discussed below, also adopted this approach.
Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.
It can’t be denied that the technological age has had a profound influence on essentially every industry and profession of the world, and while these developments have exponentially beneficial to industries such as modern medicine, fields such as the legal system are struggling to adequately adapt – and continue adapting- to the constantly advancing technological world. Consequently, Australian legal practitioners – new and old – are facing the question of whether the evolution of technology has become so far advanced that the current legislations regarding law, technology and how it is used have become inappropriate and inequitable. (Horten, 2014)
Technology is the persistent application of information in the design, production and use of goods and services, and in the organization of human activities. Criminal Justice is the system of law enforcement, involving police, lawyers, courts, and corrections, used for all phases of criminal procedures and penalty. As technology is used in the organization of human activities and criminal justice deals with the criminal aspects of humans it constantly unites these two things. As technology advances, so will it is use in the field of criminal justice. These advancements are necessary to help keep up with the growing and evolving world, but it is also necessary to make sure that this type of technology does not begin to infringe on a person’s individual civil liberties.
2.3 Define the Establishment of a Copyright - Peoples have a right to make copies and other exploit musical artistic work and literary works. This law was established to be in effect after January 1, 1978 The product of someone is protected, even 70 years after the person’s death.
Copyright laws cover things that are created such as art, music, and other expressive creations and are known by the © symbol. Users creations are protect from when they are first created and introduced to the public. Copyright laws in the United States protect the creator rights by ensuring that are the sole entity to reproduce their work or place them on public display. They also are the sole entity that can benefit financially from their work and require other entities to have the original owner’s permission to also receive any benefits. One thing to note is that a copyright cannot
“A copyright provides protection for original works of authorship, fixed in a tangible medium of expression including literary, musical, and dramatic works, as well as photographs, audio and visual recordings, software, and other intellectual works.” (Hinson, 2014) Copyrights are often the most difficult intellectual property to protect. The internet has become such an important tool for business and commerce. However, it is becoming increasingly difficult to enforce laws that are broken via the internet. Many times piracy is the biggest issue of copyright infringement that involves intellectual property.
The Statute of Anne, was the first form of law that protected intellectual property, invented in the UK in 1709. The ultimate goal of intellectual property law is that human knowledge is increased and made accessible to everyone. Under the umbrella of intellectual property, there are four rights that protect creative works: performers rights, moral rights, trademarks and copyright. This rights need to exist in order to protect artistic integrity and give entitlement to the authors. Intellectual property covers different rights in the creative industries, especially, copyright is the frame that governs all the activities in the music industry.
Intellectual property is described in most cases as an almost endless variety of property created by authors, artists, and inventors. The law of intellectual property typically encompasses the areas of Copyrights, patents, and trademark laws. It is intended to encourage the development of science, art, and information by allowing certain property rights to all. These rights allow everyone to protect themselves from unauthorized use of their creations. Trademarks and service marks protect unique features of their creations that are associated with certain services or products.
As a part of the court and court procedures technology has been permitted in the legal system. Prior to the world wide web, lawyer's needed to go to the court house to research material, now they can e-file and view documents which is a simpler way and will not tie up precious time for the lawyer and the court. Before web prosecutors and the lawyers had to physically meet and go over any pleas and make sure there was an understandings and hash out the case, now they can communicate by email, this spares them both time and gives them the opportunity to manage things in an sensible way and gives them time to consider the deals that are being offered. Technology inside the court can free up time in a trial and permits a lawyer to be more prepared,
Copyright law has its origins in the United States Constitution. To foster socioeconomic advancement in America, the Founding Fathers penned a clause in Article I, Section 8 of the
Criminal copyright infringement can come in many forms. Anything that has been created by one’s mind can technically be considered intellectual property. While the initial idea itself is not something that can be protected by copyright law, patents and actual plans from ideas can be. Many copyright cases are of a civil nature. This occurs when a person or organization feels their intellectual property has been used without their consent and want either compensation or for the accused party to cease use of the material.
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. (1)
Copyright law originated with the United States Constitution. In Article I, Section 8, the United States Constitution states that “Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective wrights and discoveries” (Purdue). Copyright is a federal law. Copyright laws protect published works by preventing original materials from being used or copied without the creator’s permission. These protections extend to copying, adapting, publishing, communicating, and publicly performing protected literary, dramatic, musical, or artistic works. Today, the laws are located in
In most grade schools and high schools, the only IP protection education is your English teachers telling you not to plagiarize copyrighted works, or a business class may go into it a little. The majority of patent and copyright education is in law schools but it is important to all of us, even if we don’t want to go into law, that we know these laws. Everybody is affected by IP, everybody creates IP, and everybody is a copyright holder. Many people don’t know that any original work is copyrighted from the moment it is created in a tangible space, such as paper, film, or silicon chip, no registration necessary. Copyrightable works include literary works, musical compositions, films, software programs, or paintings. Patents cover inventions, ideas, designs, and compositions of matter. To get a patent, you must first
Copyright laws protect certain kinds of original works, such as books, compact discs, films, and software. Creations such as the aforementioned are referred to as “intellectual property”. Intellectual property is divided into two categories: