Copyright



Digital copyright erupted as a concern to many types of media. From piracy of music to copying of movies, all media holds copyright protection but people want it for free. A problem? Of course, for the developers and artist that release the particular product. It's a money thing! Programs as Napster and Scour exchange were programs that died from lawsuits of piracy from artist such as Metallica. Now programs as Bittorrent are flowing through the web where anything from a music album to Macromedia Flash are downloadable with no fee. In December 1997, Canada became a signatory to the new WIPO treaties ([|lexinformatica 2003]). The new treaties focused on internet based copyright or digital copyright. The web emerged as the number one resource for pirated creative work.



In section 106 of the Exclusive rights of copyrighted works, alleges, “the owner of copyright under this title has the exclusive rights to do and authorize reproduction and prepare derivative works based upon the copyrighted works”¹. Copyright infringement has several categories to advocate if it is in a particular category of infringement: 1. //Direct infringement// is the broad ideology of accusation of copyrighting. It states, “ the accused party makes uses or sells an infringing item” ². //2. Contributory infringement// concentrates on the aiding and abetting of infringement ². This represents the fact of “providing manufacturing equipment known to be designed to produce products and facilitating production of a patented product” ². 3. //Inducing//, where the “accused party is luring others into infringement” ². 4. //Imputed infringement// focuses on the act as the //“Accused party did something the law implies to be infringement. Either the importing, selling or using of a product made abroad through a process, which would have infringed a U.S process patent. Including manufacturing or selling certain components of a patented invention to be assembled” ².//

Copyright protects expressions found within original works such as literature, pictures, movies, songs, manuals, software’s etc. These intellectual properties have to be fixed, by this we mean the work has to be displayed in a particular medium form, it also has to be original. Copyright protection is automatic and world recognized. However, copyright is only automatic in Canada for artistic and creative work, the United States includes and demands registration for the work, it is a first come first serve basis. In cases where you produce a work for your employer during your employment it legally binds the copyright to the employer. Copyright lasts for the life of the author plus 50 years (Ferrera).



The United States is concentrated in the Digital Millennium Copyright Act during this digitization era of documented work which was implemented in 1998 after a large dispute on pirated digital work. The Digital Millennium Copyright Act fixates more to computer related issues. Programs, downloading and file swapping are all integrated into the digital millennium act as it moves deeper into digitization. All cases are relevant to each other on the basis of following the infringement policies and defensive infringement policies.

**Titles under the DMCA:**

 * **//WIPO Copyrights and Performances and Phonograms Treaties Implementation Act of 1998 ://** Based on the WIPO treaties³
 * **//Online Copyright Infringement Liability Limitation Act//**: When engaging certain activities, there is limitations to the online server providers for [[image:dmca_cd.jpg width="243" height="156" align="right"]]copyright.³
 * **//Computer Maintenance Competition Assurance Act://** an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair.³
 * //**Miscellaneous Provisions**//: relates to functions in the Copyright Office, distance education, the exception in the CA for libraries and for making ephemeral recordings, webcasting of sound recordings and the applicability of collective bargaining agreement obligations in the case of transfers of rights in motion pictures.³
 * //**Vessel Hull Design Protection Act:**// a new form of protection for the design of Vessel hulls³

Here's a PDF file to explain the titles involved in the Digital Millennium Copyright Act (DMCA): [|www.copyright.gov/legislation/**dmca**.pdf]

Copyright Piracy
The Internet is more than any other innovations, the place where creative works are posted and at the same time provides the opportunity to copy and distribute without permission. Copyright piracy is uncontrollable and Internet users have to respect the ethics by not copying other's works without permission. Deep Linking and Framing are other two issues in Internet Copyright. Deep Linking allows the user to be taken directly to an inside page of another website rather than to the homepage. Framing referst o websites that appear in browser in multiple, scrollable windows.

//FBI Warning Picture:// http://www.video777.com/images/general/FBI%20Copyright%20Warning%202.jpg //CDs picture: http://www.lot49.com/images/lot49/dmca.jpg//


 * 1.** David Carney. “Copyright Infringement”. __Techlaw Journal.__ Techlaw Journal. 2005. 02 Dec 2006 


 * 2.** Bruce E. Burdick. “Types of Infringement”. __Patent Infringement Outline.__ Burdick Law Firm. 2004. Tripod.com. 02 Dec 2006 


 * 3.** U.S Copyright Office. "The Digital Millennium Act of 1998". __U.S Copyright Office Summary.__ Dec 1998. 02 Dec 2006. <[|www.copyright.gov/legislation/**dmca**.pdf]>


 * 4.**Gerald, Ferrera R., Stephen D. Lichtenstein, Margo E. Reder, Robert Bird, and William T. Schiano. __Cyberlaw Text and Cases__. 2nd ed. Boston: Thomson, 2004.


 * 5.** Lexinformatica; "Digital Copyright in Canada:Issues, implications and Critique"; __Lexinformatica__; May 2003; 08 Dec 2006