legal-frameworks

Copyright

What is the Copyright Designs & Patents Act?

• This protects the intellectual property of an individual or a company

• It makes it illegal to copy, modify or distribute software or other intellectual property without the relevant permission

• If original work is original, copyright will be automatically applied and will not expire until 25 – 70 years from the death of the creator depending on the type of work

• If an individual believes that their work has been copied it is their responsibility to take action under the Copyright Designs and Patents Act

• Many sites online offer free downloads of copyrighted software/videos which prevents the intellectual copyright holder from earning their income on the work they have created

  • E.g. If someone downloaded videos from Netflix and shared them with others, they would be breaching the act

• The act covers videos and audio where peer-to-peer streaming prevents a copyright owner from receiving an income

What is Prohibited Under the Copyright, Designs & Patents Act?

Primary breaches:

• Copying an original work

• Issuing the copy of the original work to the public

• Renting/lending the copy of the original work to the public

• Performing, showing or playing the original work in public

• Making an adaptation of the original work

Secondary breaches:

• Importing a copy of original work

• Possessing or dealing with a copy of the original work

• Providing means to make copies of the original work

• Permitting the use of premises for making copies of the original work

• Provision of props/equipment for a performance of a copy of the original work

Software licensing

Commercial

• Users must pay for the software

• The developer earns an income from each purchase

• The software is copyrighted, so:

  • Users cannot legally edit, copy, or resell the program

  • The developer retains full control over the product

  • Legal action can be taken against piracy or illegal distribution

Shareware

• Software is free to try, often with time or feature limitations

• Users must pay to unlock the full version

• The software is copyrighted, so:

  • Users cannot edit or redistribute the program legally

  • The developer retains control

• This model encourages users to try before buying, increasing the chance of a sale

Freeware

• Software is free to use and download

• It is still copyrighted:

  • Users cannot legally edit, copy, or sell the software

  • The developer keeps ownership and control

• Although free, users must still follow the licence conditions

Open Source Initiative (OSI)

• The Open Source Initiative promotes software that is freely available and open to everyone

• Open source software comes with a licence that:

  • Allows users to view, edit, and share the source code

  • Encourages collaboration and improvement by the community

• Open source does not always mean free, some open-source software is paid, but users can still see and change the code

• Developers must still credit the original authors when modifying or sharing the software

• Example: Linux, Firefox, Apache Web Server

Free Software Foundation (FSF)

• The Free Software Foundation promotes freedom, not just free price

• It supports software that gives users four essential freedoms:

  1. Freedom to run the program for any purpose

  2. Freedom to study how the program works, and change it

  3. Freedom to redistribute copies

  4. Freedom to improve the program and share improvements

• This type of software is often referred to as free software or libre software, and it usually provides access to the source code

• The FSF supports user rights, transparency, and collaboration

• Example: GNU/Linux, LibreOffice, GIMP