Copyright Law in the Digital World

The Journal of Academic Librarianship, 1997

A s nations move toward a global information economy, governments are responsible for ensuring that intellectual property (IP) rights conform to the challenges imposed by information technology and digital media. Industry, science, and government increasingly operate in an intemational arena. Thus, international copyright agreements are needed to protect the transborder flow and use of digital information. Efforts are now underway to revise global intellectual property laws. Legal protection for electronic databases, commonly used in geographic information systems (GIS), can be accomplished through unilateral, bilateral, and/or multilateral means.' This essay will examine two multilateral approaches that aim to raise the level of intellectual property protection for databases. The European Union (EU) exerted world leadership by approving, in 1996, a new Database Directive.2 This Directive, has became a model for international harmonization by influencing subsequent proposals. The most notable of these proposals is the 1996 Database Investment and Intellectual Antipiracy Act, which was drafted by the U.S. delegation to the World Intellectual Property Organization (WIPO) in Geneva. Although the treaty was not ratified, its requirements illustrate important factors emerging from recent multilateral approaches to reforming database protection. The EU Database Directive and succeeding legislative efforts, such as the WIPO treaty, do not properly balance the rights of database owners with those of users. Both proposals, as discussed in this essay, fail to provide ample copyright exemption provisions, necessary for offsetting the expanded scope of copyright protection. DATABASECOPYRIGHT ISSUES Copyright law is an internationally-recognized form of intellectual property protection for original works. A balanced application of rights is central to the innovation process.3 Copyright law must balance the provision of incentives to stimulate the production and dissemination of original works, with the policy goal of sharing information and ideas and making them widely available.4 Copyright compensates creators of original compilations as an incentive to create knowledge so that others may be able to exploit it for social or commercial gain. In other words, copyright law is intended to stimulate the creation of intellectual works by giving authors exclusive rights to their works for a limited period to secure investment and to maximize their opportunities for compensation. Copyright laws attempt to balance the protection of private benefits with the broader social benefits resulting from access to newly-created knowledge. Fair use exemptions to copyright law are intended to benefit the public by facilitating access to and dissemination of works. These exemptions serve as a "safety valve" for cases in which copyright law does not serve the public interest. While not subject to precise definition, fair

Management for Professionals, 2021

The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

Intellectual property means any property intangible in nature which is a product of your intellect, including creativity, innovation, technology, and digital advancements such as Digital Rights Management (DRM) and Artificial Intelligence (AI) in Trademark Infringement Detection. Intellectual pro..., 2024

Intellectual property means any property intangible in nature which is a product of your intellect, including creativity, innovation, technology, and digital advancements such as Digital Rights Management (DRM) and Artificial Intelligence (AI) in Trademark Infringement Detection. Intellectual property rights include trademarks, patents, copyrights and other such allied rights. Trademarks are those signs, logos, designs and visual identity of some good or services which can be registered by the user. All these rights are protected by various legislations in India and around the World. However, the internet has adversely affected intellectual property. There are no tangible foundations in cyberspace like there are in the actual world. The most active phase of trademark infringement claims concerns domain name disputes in cyberspace. Domain names are visual identifiers of the business over virtual world and work similar to trademarks. Use of domain names on the internet transcends territorial jurisdiction which makes it necessary to mitigate the losses arising out of unregulated cyberspace. For successful filing and adjudication of the claim there need to be proper laws as to where the jurisdiction lies. There are various factors which determine the jurisdiction but lack of uniform applicability of legislation brings its own set of challenges to the disputed claims. The researchers have attempted to analyse the protection provided by law of trademark to domain names. Also, discussion has been made as to determination of jurisdiction in Indian as well as Foreign Courts regarding disputes of domain name infringement since cyberspace has no defined territorial limits and needs clarity for the businesses to flourish and rights to stay preserved.

The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media. It describes the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular, the author analyzes the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe, and their impact on consumer protection policy. The book concludes with an overview of the effects, and the possible solutions, under U.S. and EU law, posed by using contractual arrangements to expand intellectual property rights.

2000

General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.

2010

Legislative and common law approaches a b s t r a c t Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.

2002

Digital technology is challenging traditional copyright principles. Despite suggestions from a number of commentators that copyright cannot survive the challenge, this thesis aims to demonstrate that copyright can evolve and adapt rather than face elimination. This hypothesis is tested and illustrated by means of an examination of law in conjunction with technology, and by means of concrete examples. Analysis of the author's position in the face of digital technology requires firstly, an investigation of the way in which the existence and exercise of the author's copyright itself is affected by such technology, and secondly, an examination of how the author's standing in relation to dissemination of works generally is concerned (e.g. as regards freedom of speech). It is with the first of these aspects that this thesis is mainly concerned, although, for the sake of a more comprehensive view, some considerations on the second aspect are also advanced. This thesis examines challenges raised in the copyright field by digital technology and the consequential problems in relation to classification of subject matter, identification of authors, fixation and reproduction, the criterion of originality, the meaning of publication, recognition of moral rights, recognition of economic rights, exceptions and limitations, liability of service providers, authenticity of works, infringement, feasibility of enforcement and conflict of laws. Broader issues relating to Government and private control of access to the new media are also analysed.

Colum. JL & Arts, 2011

Interacting with Computers, 2006

General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.-Users may download and print one copy of any publication from the public portal for the purpose of private study or research-You may not further distribute the material or use it for any profit-making activity or commercial gain-You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright, please contact us providing details, and we will remove access to the work immediately and investigate your claim.