The Legal Framework / Creative Content
PART 1: UNDERSTANDING THE LAW
1. The Berne Convention
It is an international agreement for the protection of Literary and Artistic works governing copyright. It was first accepted in Berne, Switzerland in 1886. Below the blue counties represent the signatory countries:
“The Berne Convention requires its signatories to recognize the copyright of works of authors from other signatory countries in the same way it recognizes the copyright of its own nationals” R01
Copyright under this convention must be automatic and the agreement also requires members to provide strong minimum standards for copyright law.
2. IP (Intellectual Property) legislation in Australia
Intellectual property represents the property of your mind or intellect. In business terms, this also means your proprietary knowledge. R02
The following are different types of IP:
• Patents – for new/improved products or processes
• Trademarks – for letters, words, phrases, smells, shapes, logos, etc. Anything that distinguishes the goods/services of one trader from those of another
• Designs – for the shape/appearance of manufactured goods
• Copyright – for original material in literary, artistic, dramatic, musical works. Films, multimedia and computer programs.
• Circuit layout rights – 3D configuration of electronic circuits/layout designs
• Plant breeders rights – new plant varieties
• Confidentiality/trade secrets – including know-how R02
Formal steps must be taken to register your IP to obtain the legal rights of ownership (copyright and circuit layout rights are automatic).
Registering your IP rights in Australia does not give you international protection – this must be applied for separately. R02
Different IP rights vary in the protection they provide – more than one type may be necessary to fully protect your creation. R02
3. Australian Copyright Law
Copyright is free and automatically granted when an original work such as writing, images, music and film is created. It is a type of legal protection to prevent others from doing certain things (such as copying and making available online) without permission. R03
Copyright protects the form or way an idea/information is expressed, not the idea or information itself.
4. Creative Commons
Creative Commons (CC) is a non-profit, world wide project that encourages copyright owners to allow others to share, reuse and remix their material legally. R04
The organization has released several copyright licenses known as Creative Common licenses free of charge to the public. These allow creators to communicate to communicate which rights they reserve and which they waive for the benefit of other creators/recipients. There is a factsheet that details the 4 licensing protocols and 6 standard CC licenses that can be created from them, which can be found at:
http://creativecommons.org.au/learn-more/fact-sheets/what-are-the-cc-licences
Creative Commons was invented to create a more flexible copyright model, replacing “all rights reserved” with “some rights reserved”. Wikipedia is one of the web-based projects using a CC license. R05
5. P2P networks and software licenses
P2P or Peer-To-Peer networks refer to a combination of things: software applications, network technologies and the ethics of file sharing.
It can be described as "A type of network in which each workstation has equivalent capabilities and responsibilities.” R07
Peers make a portion of their resources (processing power, disc storage or network bandwidth) directly available to other network participants without the need for central coordination. R06
Often when people hear the term P2P they think of peer-to-peer file sharing over the internet, rather than the traditional peer networks as detailed above. P2P file sharing systems have become the single most popular class of internet applications this decade. R07
A P2P network implements search and data transfer protocols and to be able to access these networks, users either download or install a suitable software application.
While some P2P activity such as collaboration is legal; most P2P activity of sharing and downloading copyrighted material is illegal and considered software piracy. R08
PART 2: DEFINING YOUR OWN ETHICAL APPROACH
1. Is it illegal to copy a design?
Yes it would be if you copied it exactly and did not supply a reference.
2. Is it ethical to sell a non-original design as your own?
I don’t believe it is ethical to gain profit and credit for someone else’s design.
3. What is the difference between ethics and law?
Laws are usually written and enforced whereas ethics are rules of conduct which can vary from person to person. Ethics are like the unspoken rules of conduct that people generally adhere to.
4. Do you value others intellectual property the same as your own?
Yes. I definitely wouldn’t want anyone else disrespecting my rights of intellectual property, so I value and respect others’ rights.
PART 3: APPLYING YOUR CODE
Make a list of 5 behaviour principles you consider essential for each of these:
1. At CDU in the MacLabs
• Communicating clearly
• Honouring commitments (especially for team work)
• Honesty
• Respect for other’s ideas and opinions/equipment
• Sensitivity towards classmates (ie language difficulties)
2. Outside class in a social setting
• Respect for others’ and the physical environment
• Communication
• Sensitivity towards others’ – everyone’s situation is different
• Obeying rules/laws (for overall wellbeing and safety)
• Being mindful of what’s going on around you
3.In a professional workplace in which you may be employed after studies
• Respect for co-workers and the physical environment
• Communication
• Obeying company code of conduct
• Honouring commitments
• Honesty
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