Intellectual PropertyWhat is Intellectual Property?Property rights to physical propertyAs the OwnerProtection benefitsCopyright and PatentPurpose of copyrights and patentsSoftware CopyrightsCopyright exemptionsCopyright DurationCopyright and Intellectual PropertyPatentsPurpose of PatentsPatents protect...Software as Intellectual PropertySoftware PiracyPiracy - Who does it hurt?Software PublisherHistory of Copyright LawHistory continuedHistory continued...LiabilitiesWhat is Permissible?ITS EASY!!RentalsEducational FacilitiesBusinessesFair Use TestPurpose and Character of UseNature of the Copyrighted WorkRelative AmountEffect on MarketImportance of Fair UsePiracyMass ReproductionIn- House CopyingFreebies for FriendsPreventionTechnical SolutionsEnforcement and EducationMarkets and ManagementCopyright in CyberspaceLiteracy & Artistic MaterialProposed LegislationTechnology BansSoftware DevelopersIntellectual PropertyWeek 6What is Intellectual Property?Intangible creative work embodied in physical formcomes from the creativity, ideas, research, skills, labor, and nonmaterial efforts provided by creatorsProperty rights to physical propertycreated or bought:right to use itright to prevent others from using itright to set the price for selling itAs the OwnerYou maygive it awaylend itresell itBUT not make copies - this right belongs to owner of copyrightProtection benefitsProtects right of creator for compensationencourages production of valuable, intangible, easily copied creative workCopyright and PatentUS copyright law gives holder the following exclusive rights:make copies of workproduce derivative worksdistribute copiesperform work in publicdisplay work in publicPurpose of copyrights and patentsencourage production of useful workencourage the use and flow of information TrademarksSoftware CopyrightsAllow an exception - owner can copy a program to make a backupCopyright exemptionsIdeasFactsTitlesNamesShort phrasesBlank formsCopyright DurationExpires 75 years from date of publicationor 100 years from date of creationLasts for life of the owner plus 50 yearsOn hold for now!!!Copyright and Intellectual PropertyProtectscreative expressionselection of ideasarrangement of ideasPatentsgranted for inventions of new things or processesprotect new ideas by giving inventor a monopoly on the invention for a specified period of time - 20 yearsPurpose of PatentsTo reward the inventor encourage disclosure and use of inventionallows others to benefit from inventionPatents protect...Underlying idea of the invention -not just a particular expression of implementation of itProhibits anyone else from using the idea without authorization of the patent holderSoftware as Intellectual PropertyBillions of $ are illegally copied every yearRules need to be extended to include softwareIs it a patent or copyright issue?Is it an invention or writing?Software PiracyCopying of software in large quantities for resale illegal copying by businesses and individuals for their own usePiracy - Who does it hurt?Businesses lose $$$$Impedes development of new softwareDevelopment uses lots of people they only get reimbursed if it is soldUsersno documentationno updatesno customer supportSoftware PublisherAn owner of a software copyrightHistory of Copyright Law1790 - first US copyright law to cover:booksmapschartsUpdated to includemoviessound recordingsphotographyHistory continued1909 - Copyright Actunauthorized copy had to be in a form that could be seen and read visually1960 - Software and Databasescan’t be visually seen or read (music)1976, 1980 - law revised to cover software - exhibit authorshipHistory continued...1982 - High volume copying of records and movies became a felony1992 - making multiple copies of copyrighted work willfully and for purposes of commercial advantage or private gain is a felonyLiabilitiesDamages plus any profits up to $100,000 for each “work”10+ copies - $2500 - 5 years in jail-10 copies - <1 year in jailfines as high as $250,000Companies fined if 10+ employees have illegal copies on computersWhat is Permissible?Copy to hard driveone backuplicense specified copiescopy on second machine - but cannot use both machines at the same timeITS EASY!!Good qualityFastEveryone does itRentalsIllegal Leads to piracy1990 - Software Rental Amendments Act - must have permission of owner of copyrightEducational FacilitiesMore moral obligation to abide by lawsDiscountsSite license agreementsBusinesses“Shoplifting” - take homeextra use for officeOne software package per customerLots of copies OK if limited use at one timeFair Use TestPurpose and character of useNature of copyrighted workRelative amount to the wholeEffect on the marketPurpose and Character of UseCommercial nature or non-profit educational purposesPreamble purposescriticism, comment, news reporting, teaching, scholarship, researchDegree of transformationNature of the Copyrighted WorkSome works are more deserving of protection than othersRelative AmountQuantityQuality and importance“no more was taken than was necessary” to achieve purpose for which the copying was doneEffect on MarketHarm to the originalHarm to derivative worksImportance of Fair UseHelps figure out under what circumstances we can legally copy s/wSoftware developers often must copy some or all of another company’s program as a part of the development processPiracyBusinesses - produce and sell unauthorized copies of popular packageBusinesses buy few - install manyDownload Software from InternetMass ReproductionMainly in Foreign countriesIntellectual property not recognizedSmall computer industryFew legitimate dealersPoorer populationIn- House CopyingReproduce on large number of machinesShare on networksKeep down costs - rarely caughtDifficult to comply with requirementsLicensing agreements are unclear and confusingFreebies for FriendsIllegalHard to catchSaves moneyEveryone does itNot a large marketPreventionTechnical devices to prevent or deter copyingenforcement and revision of laweducation for protectioneducation of social costsmarketing and contractual changes to
View Full Document