Tuesday, January 11, 2011

Group A: Digital Copyright Basics

This blog is submitted in partial fulfillment of the requirements for the degree of Doctor of Computer Science in the in Emerging Media for the University of Colorado Technical University, Colorado Springs, Colorado. Professor Dr. Brian Pankau, EM835: Information Accountability and Web Privacy Strategies. 

 Group A: Digital Copyright Basics
Copyright has been enacted and revised to include software into that particular law.  Gates knew that digital copying is cheap, yet he knew that turning digital product copying into wealth can be obtained if copying is controlled.    The courts in the United States have limited the degree to which external characteristics are protected by the Copyright Act.  

However, the law provides that the legal control of digital copying is the law.  Therefore, the Digital Millennium Copyright Act was enacted and passed in 1998 to address unique issues in copyright. This has paved the way for help copyright holders protect their digital content.  Some of the universities requirements of the university networks and ISPs have to abide by are the following:

Requirements of the DMCA:
  • Appoint a designated agent to receive reports of copyright infringement. Register the agent with the U.S. Copyright Office.
  • Develop and post a copyright policy. Educate campus community about copyright.
  • Comply with "take down" requests.
  • Apply measures to protect against unauthorized access to content and dissemination of information.
  • Use only lawfully acquired copies of copyrighted works. (Copyright Clearance, 2008).
Granted, there are many digital libraries that are copyrighted and have a lot of copyrighted content.   Many liability Web hosts and other service providers faced when users on their network committed copyright infringement. However, the DMCA, theoretically, sites such as Geocties, which hosted content for users, could be sued for contributing to copyright infringement simply because they provided the hosting for unlawful content.

As part of the DMCA, which itself stemmed largely from the World Intellectual Property Organization Copyright Treaty, Congress gave Web hosts "safe harbor" from such liability provided they met certain qualifications and abide by a set of rules. This meant that Web hosts could not be held accountable for infringement that took place on their service, so long as they completed the necessary elements. (Brainoz website, 2010).

There were online service providers that were given protection were the following:
Webhosts
Caching Services
Information Location Tools
Conduits
These service providers have had a lot of controversy since the DCMA law was passed. (Brainoz website, 2010).




References

Brain Oz Website (2010). DMCA Takedown 101. Retrieved January 11, 2011 from http://brainz.org/dmca-takedown-101/

Copyright Clearance Center (2008). Copyright Basics: The Digital Millennium Copyright Act. Retrieved January 11, 2011 from http://www.copyright.com/Services/copyrightoncampus/basics/dmca.html

Landy, G. K., & Mastrobattista, A. J. (Eds.). (2008). The IT/ Digital Legal Companion: A comprehensive business guide to software, internet, and IP law Burlington: Syngress Publishing, Inc.

2 comments:

  1. Hey Q,

    Great post! I read on a newsfeed that when Viacom sued YouTube (Google), they lost due to the take-down rule because they took down 100,000 files within one day of notification. I can't however, find anywhere that states what a reasonable time frame would be. I mean, if Viacom were to litigate YouTube say subpoena on January 1st, court date is July 15th and YouTube took everything down July 14th, would this be construed as a reasonable time period or would the judge rule in Viacoms favor because they waited until the day before the trial? I am going to continue to look, but that would be interesting to find out if there is a specified timeframe. - Chris.

    ReplyDelete
  2. I just re-read my post... it may be a little confusing. I meant to say, when Viacom sued Google, Viacom LOST and Google WON. Sorry for any confusion. - Chris.

    ReplyDelete