Week 8

ISY10212

Contemporary Issues in Multimedia and Information Technology

Ownership

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 1

Ownership

Historical-cultural context of ownership Historical-cultural context of owning

Objects Stimuli Ideas

Legal perspective of ownership

Goods Copyright Trademark Domain Name

Fair use Hardware as an aid for piracy Digitisation as an aid for piracy Peer to peer file swapping as an aid for piracy
ISY10212: Contemporary Issues in MM & IT Lecture: Week 8 Slide 2

G. Cooper 2006

Historical-cultural context of ownership

In general, across history, cultures, religions, legal systems:

it is not acceptable to steal from those within your social context that is, people within your historical, cultural, religious and legal structurewhom are viewed as equal
It may be acceptable to take from those outside your social context Wars have been a systematic way for one nation to take from other nations Tribute (taxes) has been a systematic way of a ruling class to take from lower classes Slavery has been a systematic way of a ruling class (or conquering nation) to take the peoples of lower classes (or conquered nation).

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 3

Historical-cultural context of ownership

Modernisation and Globalisation lead progressively to a wider, more all-inclusive view of whom are viewed as equal.
United Nations and International Law attempt to treat each nation to be equal This is not without problems as there is sometimes disagreement on what constitutes a nation
World map has been and continues to bein a continual state of flux Disputes over Taiwan, Kashmir, Tibet, East Timor

Idealistically All people are born equaland so stealing becomes unacceptable (period). This is not without problems as there is sometimes disagreement on what constitutes moral need
Taking (stealing) bread due to hunger for self or others Taking (stealing) water due to thirst for self or others Taking medicines due to illness for self or others

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 4

Historical-cultural context of owning objects

Goods/ Products proper nouns

Place Land, houses Transport Horses, cars Personal possessions Tables, chairs, cloths, shoes Sustenance Food, drink Modern day extension Stereo, television, Game Boy, mobile phone

Animals living creatures

Cows, Sheep, Goats, Dogs,

People generally no longer politically correct

Spouse Children Peasants

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 5

Historical-cultural context of owning stimuli

Words
Spoken Written

Sounds
Melody = music Songs = music + words

Images
Pictures

Paintings Photographs

Logos

Scents
Perfumes

Tastes
Recipes

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 6

Historical-cultural context of owning ideas

Patent over a Product

Provides ownership over an invented new product for a set period of time. Bic pens generically, Ball-Point Pens Windsurfers generically, Sail Boards Liquid paper generically, White Out Note that when a new invention that is brought to the market place is highly successful, it can so dominate, that the BRAND name and the generic term can become perceived as interchangeable.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 7

Historical-cultural context of owning ideas

Patent over a Process

Provides ownership over an invented new idea or process for a set period of time. Invitro fertilisation - the means by which conception may be obtained in a Petri dish Biotechnology - the means by which different genetic materials may be spliced together Stem cell research - the means by which generic human cells may be grown and intentionally made function specific Note that these offer a way of obtaining an outcome rather than the end product itself. The end product may not be new at all.Its just a different way of getting there.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 8

Historical-cultural context of owning ideas

Scope for both

A new process may enable a range of new products. One new process of splicing together genes may lead to many new different products of plant varieties based upon: Size of fruit Speed at which plant grows Resistance to specific pests.

Both the patent of process and the patent of various products may be licensed out for others to use.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 9

Legal ownership of Goods

Goods
These refer to the typical commodities that are acquired and/or produced by: Industry Manufacturing Business, and Commerce. These may typically be bought and sold in the market placeand re-sold to a third party at a later date, as a second hand item. Specific conditions may apply
Customer protection requirements with respect to safety, guarantee Restrictions with respect to allowed countries as point of sale.

Note, in general, insurance can not be on-sold.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 10

Legal ownership of Copyright

Copyright
Typically refers to the words that one has produced (usually in writing)

In this generic context the words may be made up of: musical notation lines of computer code or, photographic materials
Copyright protection is automatic by indicating that the material is copyrighted: 2006, Graham Cooper, all rights reserved Copyright is generally specified within a product-for-sale such as a book, music CD, or computer application. A Licensing agreement specifies the terms and conditions of purchase If you are not willing to accept the terms and conditions then do NOT purchase the goods as you have not accepted the contract, and so it becomes void. but who here DOES ENSURE THAT HE/SHE READS (AND ACCEPTS) the licensing agreement before installing software?

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 11

Legal ownership of Copyright

Copyright
Copyright may be taken out on the way in which an idea is expressed, but this does not grant ownership over the idea itself. Copyrighted products may typically be bought and sold in the market placeand re-sold to a third party at a later date, BUT must be in their complete form i.e., can not subdivide the original product into multiple smaller pieces.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 12

Legal ownership of Copyright

Copyright

If an employee produces copyrighted materials as part of their employment, then copyright may fall to their employer. If a consultant produces copyrighted materials as part of their consultancy, then copyright may fall to the consultant. To avoid confusion, disappointment, litigationthis should be specified explicitly in the terms of employment. Copyright typically lasts the lifetime of the owner, plus 70 years, and then is deemed to be in the public domain. Mickey Mouse was to be in public domain 50 years after the death of Walt Disneybut was challenged and became death + 70 years. It may be anticipated that such challenges may be raised again in the future. (http://www.mickeynews.com/News/PrintStory.asp_Q_id_E_1084Co pyright_A_cat_E_DC)
Slide 13

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Legal ownership of Copyright

Copyright
An owner of copyrighted material, such as: a book, a music score lines of computer code photographs computer generated animation. .MAY licence another to use such materials (usually for a fee) which may be based upon: a single one-off payment royalties (cost per item sold) profit share (% of profit made) or a combination of these.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 14

Legal ownership of Copyright

Copyright
When utilising links in a web environment it is essential to ensure that another persons work (or companies work) can NOT be interpreted to be your own personal work or that of your own company.

It is illegal to present material from another site within a frame of a home site that may thus be construed to be part of the home material.
Lots of multimedia products are a composite of the works of many individuals for text, photographs, video. The copyright for EACH item needs to be obtained.
G. Cooper 2006 Slide 15

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Legal ownership of Trademarks

Trademark
This typically refers to the logo under which a company operates and a product is sold. In this generic context the logo may be made up of an icon, a company name written in a specific font style, the font style itself, a combination of specific colours, or any other unique feature by which the company is easily identifiable. For exampleBHP, Windows, Kellogs, McDonalds all written with specific fonts, are trade marks Trademarks are controlled by government bodies and are country specific. Trademark protection, once registered is indicated by Registered Trademark

Trademarks are valuable market place identifiers for branding purposes.

It is illegal to use anothers trademark, or one that is too close to an existing trademark, as your own.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 16

Legal ownership of Domain Name

Domain Names
This is a relatively new example of ownership that has arisen from the world wide web. Originally, people couldand did, invest in buying domain names in the hope that they may become valuable one dayespecially to a company whose name is identical to the domain name Laws have been modified so that, in general, domain names can not be bought and sat upon indefinitely. Rather, they must be made active and sensibly aligned to an existing person or company name.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 17

Fair Use provision

Fair Use
typically refers to the capacity to utilise sections (extracts) of owned (copyrighted) materials for the purpose of research and/or education. References (citation) must be provided of where the materials have come from. Specific requirements govern the amount of content that may be used for different types of materials. For example, typically, one chapter or 10% of a book may be copied for educational purposes. For materials that are artistic such as a painting or a poem, more restrictive requirements apply.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 18

Piracy

Piracy
This term comes from the historical context of ships being boarded in open seas by bands of thieves who typically took what they wanted (under threat of force) without paying for the privilege. i.e. THEFT!

Piracy has been enlarged to include the concept of owned copyrighted materials being duplicated without payment for a licensing agreement. Such materials may or may not be on-sold to other persons.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 19

Hardware as an aid for piracy

In a sense, forging a duplicate painting is an act of Piracythough it may take some time for it to be produced and for the paint to dry.

Counterfeiting of money is another examplewhich has been around for some time.
The problem of piracy has escalated due, at least in part, to the evolution of technology that has enabled duplicate materials to be produced. Such as:
Printing press and plates Photocopy machines Audio and video cassette tapes.

A debate has been in place for several decades, with the technology enabling piracybut the users being the persons who perform piracy.

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 20

Digitisation as an aid for piracy

The advent of digitised products for music (CD) and films (DVD)along with the evolution of computer software has brought a vast increase in the capacity to produce replicates in both quality and quantity. Digital format MEANS easy perfect duplication. The cost of the associated hardware (CD and DVD burners) has fallen dramatically in recent years (each available for less than $Aus100) thus making the production of Pirate music CDs and Movie DVDs easily achievable by common people. While Piracy remains illegal in most countries of the world, some developing countries have not appeared to pursue Piracy with as much vigour as they could.
For example: Indonesia, China

Pirated music and movie discs are openly available for purchase in some countries.
ISY10212: Contemporary Issues in MM & IT Lecture: Week 8 Slide 21

G. Cooper 2006

Peer to Peer file swapping as an aid for piracy

The advent of MP3 music files for playing audio on computers has enabled acceptable fidelity in music with files size reduced to approximately 10% their music CD format. This reduction in file size greatly enabled peer to peer file swapping of music files. Other aspects of popular music culture that have contributed to a rise in pirating of music are the relative youth and lack of financial resources, and the rapidly growing level of technical skills of this demographic. A culture of pirating software applications has also evolved, due in part, to the high cost of purchase of some software applications. Pirating of music, movies, and software applications is illegal.
ISY10212: Contemporary Issues in MM & IT Lecture: Week 8 Slide 22

G. Cooper 2006

Kazaa Ka-poop!

In February 2004, the Australian Record Industry Association (ARIA) announced its own legal action against Kazaa, alleging massive copyright breaches. The trial began on November 29, 2004. On February 6, 2005 the homes of two Sharman Networks executives and the offices of Sharman Networks in Australia were raided by the ARIA to gather evidence for the trial. A ruling by the Federal Court of Australia is expected in July 2005.
http://en.wikipedia.org/wiki/Kazaa

G. Cooper 2006

ISY10212: Contemporary Issues in MM & IT Lecture: Week 8

Slide 23

Home Work
Before next week, visit, browse and read where appropriate:

Intellectual Property Australia http://www.ipaustralia.gov.au

Copyright and the Mouse: How Disney's Mickey Mouse Changed the World http://www.mickeynews.com/News/PrintStory.asp_Q_id_E _1084Copyright_A_cat_E_DC Kazaa http://en.wikipedia.org/wiki/Kazaa
ISY10212: Contemporary Issues in MM & IT Lecture: Week 8 Slide 24

G. Cooper 2006