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LEGAL CONSIDERATION

IN ANONLINE WORLD

Contents:

A Historical Prologue

Intellectual property

Integrity, Libel and Redress

A HISTORICAL PROLOGUE

Between the 1930s and the

mid-1950s, the scientific

and technical basis of a

revolution was created.

1980s. The first Internet

revolution initialized a new

realm of free creation and

exchange of information

BUT NOW!!!

Intellectual property

IP is a term referring to a number of distinct types of

creations of the mind for which a set of exclusive rights

are recognized—and the corresponding fields of law.

Under intellectual property law, owners are granted

certain exclusive rights to a variety of intangible assets,

such as musical, literary, inventions and so on.

Common types of

intellectual property

rights include

copyrights,

trademarks, patents,

industrial design rights

and trade secrets in

some jurisdictions.

Question Time:

What are your thoughts with this Image(IP) ??

Do you feel that Modernization & Technology

in some ways has affected

the strengths & rights of

Intellectual Property ??

Such as music.

Integrity, Libel and Redress

Increased possibility of reuse, new

intermediary and end-user empowerment

on presentations---all this means that a

given content will be used in a context

that is less and less under control of its

original creator.

Two approaches:

The first one is to reinforce a prior control on

information publishing.

The second approach is to try to constitute

positive counterweights to the potentially

dangerous trends.

3350831 GONG Wenfen

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LEGAL CONSIDERATION

IN ANONLINE WORLD

Privacy

• without putting into consideration the privacy implications

Very few individuals have limited the amount of private information and details about them that can be accessed online.

Several governments are currently implementing the EU Privacy Directive Cookie Consent Provisions.

the UK ratcheted up matters pertaining to privacy, data security and cyber security.

• Apart from the fact that a report has been issued by the U.S. government asking for cyber legislations

it is still evident that federal agencies are keen at examining the industry data practices.

Security system network for

online Web protection Wireless and broadband users surf the Web and play a significant role

Several users have intensified their online communication by participating in activities

such as downloading, uploading, trading and sharing.

take steps that will limit their exposure to other

internet users by changing their behavior

Some of the steps that can enhance privacy include:

- desisting from downloading from peer-to-peer networks,

- visiting untrustworthy websites

- downloading certain kinds of software

3350831 GONG Wenfen

3392437 HU Xinyu

3344828 YIN Liang

LEGAL CONSIDERATION

IN ANONLINE WORLD

COPYRIGHT A copyright is a set of exclusive rights granted by a

state to the creator of an original work or their assignee

for a limited period of time upon disclosure of the work.

This includes the right to copy, distribute and adapt the

work

Copyright as the expression of a creative idea (not the idea itself) in a permanent form e.g.

Books

Artwork

Music

Films

Video games

Software

Copyright protects: textual material (“literary works”)

such as journal

articles, novels, screenplays, poems, so

ng, lyrics and reports;

computer programs;

compilations) such as

anthologies, directories, databases, ind

ividual items contained in the

compilation;

artistic works such as

paintings, drawings, cartoons, sculptur

e, craft work, architectural

plans, buildings, photographs, maps

and plans;

dramatic works such as

choreography, screenplays, plays and

mime pieces;

musical works: that is, the music

itself, separately from any lyrics or

recording;

cinematograph films: the visual

images and sounds in a film, video or

DVD are protected, separately from any

copyright in works recorded on the film

or video, such as scripts and music;

sound recordings: the particular

recording itself is protected by

copyright, in addition to, for example,

the music or story that is recorded;

broadcasts: TV and radio broadcasters

have a copyright in their broadcasts,

which is separate from the copyright in

the films, music and other material

which they broadcast; and

published editions: publishers have

copyright in their typographical

arrangements, which is separate from

the copyright in works reproduced in

the edition (such as poems or

illustrations

Copyright owner’s exclusive

rights:Economic rights

Reproduce in a material form or make a copy (includes converting it from analog into digital form)

Make an adaptation of a work

Publish work

Perform a work in public

Communicate to the public (all works & subject matter other than works) „make available online or electronically transmit a work or other subject matter‟

Commercial rental

Each „work‟ and each type of „subject matter other than works‟ have different bundles of exclusive rights to: Reproduce; Publish; Communicate to the public

Infringement occurs when someone infringes these rights without permission

Who owns the copyright?

Generally the person who creates the work is the first owner of

copyright

Exceptions – for sound recordings & films, maker is first owner

of copyright, for broadcasts it is the maker of the broadcast

If a work is produced by an employee in the course of

employment as part of normal duties, employer is the first

owner of copyright – does not apply to literary, dramatic and

artistic works produced by employees of a newspaper, magazine

or periodical or to commissioned works where, author has

copyright for purposes of reproduction in a book or photocopy but

otherwise media proprietor has copyright.