Electronic Copyright –The New Wave of Piracy and Other Scary Tales

About Surfin’ the Net

Rachel Vance, University Legal OfficeJune 2003

Introduction

Overview of CopyrightCopyright in Universities- Both Users and

CreatorsPiracy, what’s all the fuss about?Minimising the RiskBalancing Act – control and freedom

What is Copyright?

Type of Intellectual Property which protects creative effort

Protects the expression of an idea – not the idea itself – in a tangible form

Low threshold for creative input ie phonebooks, compilations of data attract protection

Copyright Legislation

Statute of Anne: 1710 Berne Convention:1886 (literary & artistic works)Rome Convention:1961 (music, records etc)

Rules on what can be protected, rights protected, exceptions and term of ©

New Technology meant both updated in 1996

Copyright Legislation

The Australian Copyright Act 1968 (Cth).The Act covers the exclusive rights of copyright owners as well as the rights of users.

Digital Amendments, March 2001.

Moral Rights Amendments, December 2000.

How do you Get Copyright Protection?

Automatic – no need for formal registration. Exists when material created

© symbol alerts users but not requiredPeriod of protection

- Australia 50yrs ( some exceptions)- USA and Europe 70yrs- USA pushing Aust for longer period- FTA

negotiations

What Material Is Covered?

Two Broad Categories:Works:

literary, dramatic, musical and artistic works, includes maps, plans, computer programs

Subject Matter Other Than Works:Films, sound recordings, broadcasts,

published editions of works, performances

Complexity of Copyright

Copyright can be layered Music CD• Protected as a “sound recording”, but also

has musical scores, lyrics and performancesCD ROM• could include, text, software, photographs,

drawings and graphics, music, scripts, sound recordings, animation, film, video and performances

What Rights Does Copyright Protect?

Bundle of exclusive economic rights including:Reproduction and communicationPublicationPerformance in publicAdaptationCommercial rental

Moral Rights (non-economic rights)

Using Someone Else’s Copyright Material

You may be able to copy if: Work is out of copyright or in public

domainWithin Copyright Act Free ExceptionsUnder Statutory LicensesPermission or licence from the owner

Free Exceptions to Infringement

Fair Dealing for purpose of • Research or study• Criticism or review• Reporting the news or• Legal advice

Library ProvisionsIncreasingly can’t exercise these rights online

Statutory Licences

Part VB- covers print copying and electronic copying and communication

Part VA covers copying and communication of broadcast but not webcast material. Off-air and not commercial videos etc

Not free Specific limits and conditions Unis are trying to negotiate similar ones for music

Permission of Owner

Licence to use overrides legislation

Think carefully about the use you require

Do they have rights to grant permission?

Copyright Myths

Its okay because - Everything on the web is free – its all in the

public domain I’m using it for educational purposes We’re not making any money out of it I copied it overseas not here

Copyright Myths…cont

It doesn’t have a copyright notice – so its not protected

If I change the bit I copied a bit then that’s okay If I acknowledge the source then I don’t need

permission If I can’t find the owner after trying pretty hard-

its okay to go ahead and use it

Piracy, Pillaging and P2P Technology

Recent Media reports – here and USUniversities in USA, UK and Aust being pursued

by entertainment communities (music & movies)Students focus of litigation – 3 charged but

settled out of court in US Three Australian Students charged and facing

5yrs jail and $50k fine

Piracy, Pillaging and P2P Technology

© Owners refer to prohibited copying as ``piracy'' ethically equivalent to attacking ships, kidnapping and murdering the people on them.

Neutral terms ``prohibited copying'' or ``unauthorized copying'' are alternatives.

Others use language such as ``sharing information'' eg. using P2P technology.

Peer-to-peer (P2P)

In a peer-to-peer network: there are no dedicated servers or

hierarchy among the computers all computers on the network handle

security and administration for themselves

the users must make the decisions about who gets access to what

Developments in USA

Joint Committee of Higher Education and Entertainment Communities Technology Task Force

Pressure from US for Australia to strengthen © laws to protect content industries – FTA

Apple Music – charging 99c per song online, already $2m sold in first two weeks

Disney now produce self destructing DVDs!

University Exposure

Increased ability to infringeIncreased ability for owners to find outPotential for authorisation merely by providing to

facilities to infringe…Moorehouse Vicariously liable for staffNot so for students – position still unclear –

Verizon

Penalties

Both Civil and Criminal$55k for individuals - $250k for corporations5yrs JailLegal CostsLost time

Insurance Cover???

Check your PolicyDoes it exclude electronic copyright?How does it define electronic copyright?Ask why excluded?Get cover !!!!

Minimising the Risk

Ensure meeting copyright obligations Copyright compliance processObligation to educate and raise awarenessAre staff informed of copyright legislation?Industry Code of Practice – protection of Act

Why not monitor staff and students?

Content industries would have us monitor all useInvasion of Privacy – Verizon ruling in States Potential “chilling effect” on Academic freedomUniversities are the incubators of innovation –

rely on access to information to inspire new workCensorship not the role of University

In Conclusion

Copyright complex Risk has increasedLegal status unclearLoss of rights real risk for universities when

trying to resolve risk of infringement