COPYRIGHT AND NEW TECHNOLOGY

I INTRODUCTION:
Common law of United Kingdom developed the concept of
Copyright.
The Statute of Anne 1709. It became statutory with the passing of
the Copyright Act 1911. The current act is the Copyright, Designs
and Patents Act 19881.
(a) Copyright ‘a definition’:
A copyright gives the owner of a creative work the right to keep
others from unauthorised use of the work.
The criteria or elements of copyright work must be:
1. Original – the author must have created rather than copied it.
2. Fixed in a tangible medium of expression, ex [it should be
recorded or expressed on paper, audio or video tape, computer
disk, clay or canvas].
3. Have at least some creativity – it must be produced by an
exercise of human intellect.
(b) A brief of copyright:
The first copying industry – printing – a pattern of exploitation had
been developing. The stationers were the chief proponents of
exclusive rights against copiers.
The stationers early found an ally in the Crown. In 1534 they
secured protection against the importation of foreign books; and in
1556; Mary, with her acute concern about religious opposition,
granted the stationers company a charter [Cornish & Llewelyn]2.

1
http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law
2
Intellectual property right (page no. 345 – 346)
 The 1710 Act was the first true enshrinement of the principle of
Copyright within the law of the land. In 1842 a law was passed
giving authors copyright in their works for their life time and seven
years after their death (or) for a minimum of forty – two – years after
publication[Michael legat]3.
1911 and 1956 copyright Acts extended the period of copyright to
the author by fifty years after death (or) fifty years after posthumous
publication. The law of Copyright, Designs and Patents Act 1988
was approached in the various consultation papers and proposals of
the government which lead to the introduction of the Bill 1987.
Response to this Bill and after due consideration a detailed white
paper, Intellectual Property and Innovation appeared and found their
way into the CDPA 1988. In June 1988 the commission of the
European communities published a Green Paper on Copyright and
the challenge of Technology.
The CDPA 1988 has a number of objectives which were outlined
during the preliminary debates on the CDP Bill:
1. to bring the law up to date by the use of language and definitions
which may appropriately be applied to new existing technology
and also to anticipated future developments – in other words, to
protect emergent UK ‘hi – tech’ industries:
2. to make the copyright system more ‘user friendly’, by espousing
common (where appropriate) and clear principles for all classes
of copyright work so that owners and users are aware of their
rights:

3
The Writer’s right (page no. 19)
 3. To remove those aspects of English law which were inconsistent
with provisions of international conventions, so that ratification
of those conventions would proceed [Richard Butler]4.

II DEVELOPMENT OF TECHNOLOGY:

(A) Sound recordings:

The first sound recording which most people own is likely to be a
musical toy. It is clear that there are many sounds which can be
subject to be recording.
The Copyright, Designs and Patents Act 1988 provides a broad
definition of ‘sound recording’. The definition is broader that
Copyright Act 1956,
In CDPA 1988 sound recordings are:-
(a) a recording of sounds, from which the sounds may be produced
(or),
(b) a recording of the whole or any part of a literary work, dramatic
or musical work, from which sounds reproducing the work or
part may be produced, regardless of the medium or which the
recording is made or the method by which the sounds are
reproduced or produced[Jennifer Davis – 2001]5.
In this the ‘author’ of sound recording is “creator of work”6.

4
Copyright, Designs and Patents: The New Law
5
Intellectual Property Law (p.no 92)
6
sec – 9(1) of CDPA 1988
 (B)Films:
In this recording on any medium from which a moving image
may be produced7. This definition not covers only the home video,
the pro – recorded; documentary but also the technology of by gone
era.
In this the author is ‘person undertaking arrangements necessary
for making films’8

(C)Broad casting:
Transmission by wireless telegraphy capable of lawful public
reception or transmitted for public presentation9.
This sec 6(1) of CDPA 1988 gives a very comprehensive
definition, “Broadcasting involves a transmission by ‘wireless
telegraphy’, a phrase which means the sending of unchannelled
electromagnetic energy, ‘over paths not provided by a material
substance constructed or arranged for that purpose. Thus
transmissions by wire or optical fibre are excluded [Jeremy Phillips
& Alison Firth- 2001]10.

III DIGITAL SOFTWARE ERA: - COPYRIGHT:

(A)Definition of software:
A simple definition to the Software is a set of instructions given to
the computer as data’s.

7
Sec – 5B (1) of CDPA 1988.
8
Sec – 9(2) of CDPA 1988.
9
Sec – 6(1) of CDPa 1988
10
Introduction to Intellectual Property Right 4th edition.
(B)Term definition between ‘software’ and ‘program’:
The terms 'software' and 'program' are often confused, yet the
distinction is not difficult to make. Computer programs are not mean
to be changed during the normal course of operation. Any value or
information that is changed during the operation of a computer is
data, which read by a program, not part of it. However, during
routine maintenance a computer program may be updated11.
(C)What to be protected?
The recent rapid development of the computer industry, bringing in
its wake the widespread ownership and use of computers. This has
led to a need to confer protection upon 3 main information
resources:
1. computer programs / software’s;
2. works generated by computer;
3. Databases stored on computer.
There was no definite authority as to whether a computer program
constituted a literary work under a Copyright Act 1956. This has
been anticipated by the whit ford committee, which had noted that
computer software fell with in the 1956 Act as either a literary or
artistic work [Richard Butler]12.
The main problem in the starting ages of Computers technology
was ‘how to deal with piracy of computer programs’ given the
uncertain stage of legal protection afford to programs. After much
pressure from the computer industry, the U.K and elsewhere
gradually provided some indication of the boundaries of Copyright
protection for computer programs. Copyright law can be seen in the
11
http://what-is-what.com/what_is/software.html
12
Copyright,Designa and Patents: The New Law (page no 191)
context of balancing the protection given to creators of works
including computer software.
(D) Logic:
The logic of this topic is very important and should be noted ‘why
the software and programmes should be protected?
Protection of computer software:
The owner of the software will face two problems:
1. Some potential users will want to copy the software
without payment [or acquire a single user licence and
then copy the programs rather than paying for a multiple
– user licence].
2. The second problem is that competitors will wish to
examine the software closely so that they can make
competing products.
In both of these cases, the owner’s economic interests are at risk
and this gives a clue to some important justifications for Copyright
law [David Bainbridge]13.

In copyright, Designs and Patents Act 1988 gives very wide

definition. In section – 178 ‘writing’ is defined as “including any
form of notation or code, whether by hand or otherwise and
regardless of the method by which, or medium in or on which, it is
recorded” in Bookmakers Afternoon Greyhound Services ltd v Wilf
Gilbert (staffs) ltd14 it was held that:
“Copyright subsisted in the lists of greyhounds in races and that, by displaying
these lists on its displaying monitors, the defendant was reproducing the list in a

13
Software Copyright Law – 3rd edition (p.no – 9]
14
[1994] FST723.
material form and, to that extent, infringing Copyright. Note that under the 1988 Act,
copying in relation to a literary, dramatic, musical or artistic work means reproducing

the work in any material form; sec – 172(2)”.

This includes storing the work in any medium by electronic means:

The copyright in a computer program is infringed if a copy is
made of the whole or a substantial part of it without the permission
of the copyright owner.
Certain factors can be identified as being important or useful in
determining whether a defendant who denies copying has indeed
copied.
The factors are: -
1. The presence of errors common to both programs. This can put
the proof of copying beyond doubt; it then being a matter of
determining whether the part copied represents a substantial part
of the plaintiff’s program;
2. whether the overall structure and sequence of operations
performed by the programs are similar;
3. the presence of literal similarities in the listings of both
programs, and
4. Whether the first program contains information such as the name
of the programmer embedded within the code. If the second
program also contains this information it will be irrefutable proof
of copying [David Bainbridge]15.

(E)Licence to software:

15
Software Copyright Law – 3rd edition (plno-105)
 The copyright protection of computer software is important in
analysing and interpreting the terms in the licence agreement. It must
be noted that a contractual agreement is not limited to the acts
restricted by the copyright, and other restrictions can be in posed
upon the use of the software.
(F)Free software and copyright:
Free is not a reference to the cost of software. Instead, it refers to
the freedom to change the source code and redistribute it as is or as a
derivative software program. Since it is entirely permissible to
charge a price for the cost of software distribution, to many it is
confusing to use the label free software community to describe
software that may actually cost something to acquire it. [Dixon, Rod.
Open Source Software Law]16.

IV NETWORKING TECHNOLOGY – COPYRIGHT:

Before enter in to the usage of internet and the role of copyright it

is necessary to know the origin of internet. Internet is a typical
networking technology based on LAN and WAN. The following
explains the LAN and WAN.
LAN – Local Area Network:
LAN gives capability of networking to group computers in an
office building, home or a certain closed place. This uses to share to
resources such as files, application e.t.c.
The most common type of local area network is an Ethernet
LAN. The smallest home LAN can have exactly two computers; a

16
http://site.ebrary.com/lib/wolverhampton/Doc?id=10082000&ppg=42
large LAN can accommodate many thousands of computers. Many
LANs are divided into logical groups called subnets17.

WAN – Wide Area Network:

This connects networks (smaller networks) as groups, like
Local Area Networks (or) Metropolitan area networks. This term
normally refers to a network covers a certain geographical area.
The wide area network, often referred to as a WAN, is a
communications network that makes use of existing technology to
connect local computer networks into a larger working network that
may cover both national and international locations. This is in
contrast to both the local area network and the metropolitan area
network, which provides communication within a restricted
geographic area18.
The development of LAN and WAN technologies are ended in
now a day of usage of Internet. This gives the world a connection
between not only the computer and the human also. In this the
following paragraph will analyse a brief about internet and the role
of copyright in it.
Internet - copyright:
Internet is worldwide collection of computer networks, co-
operating with each other to exchange data using a common
software standard. Through telephone wires and satellite links,
internet users can share information in a variety of forms19.

17
http://compnetworking.about.com/cs/lanvlanwan/g/bldef_lan.htm
18
http://www.wisegeek.com/what-is-a-wide-area-network.htm
19
www. Centerspan.org/tutorial/net.htm.
 In this the common software denotes ‘author’ works. The
software’s installed and which is common to internet users are a
creative of one person’s or a company’s work. In this the role of the
copyright is to protect the copyright of online providers while
ensuring a secure method of payment for goods and services made
available.
A related concern in the higher education field is that of
plagiarism. Cutting and pasting from the internet makes it easy for
students to copy other people’s work and claim it as their own20. To
avoid copying or taking data’s from internet copyright law gives
internet products and it is protected by CDPa 1988. This gives that
the contents of the internet whether it is a page or paragraph must
not be copied without proper approval.
Under UK law copyright materials sent over the internet or stored
on web servers will generally be protected in the same way as
material in other media. Any one wishing to put materials on the
internet, or distribute or download material that others have placed
on the internet, should ensure that they have the permission of the
owners21.

V COPYRIGHT LAWS ON NEW TECHNOLOGY:

The protection over new technology by copyright, designs and
patent Act 1988 will be by the way of copyright infringement. In this
the main features of copyright infringement has been detailed and
explained by the guidelines as follows:
20
www. Csa.com/discoveryguide/internet/overview.php.
21
www.caret.cam/ac.uk/copyright/page29.html
 1. The copying of the work is an act restricted by the
copyright in every description of copyright work; and
references in this Part to copying and copies shall be construed
as follows.
2. Copying in relation to a literary, dramatic, musical or artistic
work means reproducing the work in any material form. (This
includes storing the work in any medium by electronic means.)
3. In relation to an artistic work copying includes the making of a
copy in three dimensions of a two-dimensional work and the
making of a copy in two dimensions of a three-dimensional
work.
4. Copying in relation to a film, television broadcast or cable
programme includes making a photograph of the whole or any
substantial part of any image forming part of the film,
broadcast or cable programme.
5. Copying in relation to the typographical arrangement of a
published edition means making a facsimile copy of the
arrangement.
6. Copying in relation to any description of work includes the
making of copies which are transient or are incidental to some
other use of the work22.

22
Sec – 17 of the CDPA 1988