Copyright in Practice of Engineering - Coursework Example

Copyright Name College Date Executive Summary This report is an evaluation and analysis of the aspects of copyright as they pertain to the practice of engineering. Methods of analysis include the analysis of documentary data and past research studies on the subject. It defines copyright and includes what copyright is and what it is not, the rules, regulation on what can be protected, and what is not subject to copyright protection. The report analyzes these aspects by analyzing the legal aspects of copyright as set out in the Copyright Act of 1968 and associated documents that govern copyright law in Australia. In particular in analyzes the process of copyright registration, what can be copyrighted and what protection having a copyright grants to the owner of a creative work. The discussion discusses the lessons learnt and the recommendations that include: Always ensure you execute your ideas in a unique way to be protected by copyright. Keep detailed records of the dates when you publish creative works and label and have electronic tags on your creative works to prevent infringement. Read up and become knowledgeable on the moral, legal, and economic rights that the law gives a copyright holder. The report also investigates the challenges that copyright law would present to the practice of engineering. Some of these challenges include: The instance of a non-procedural way of registering copyright in Australia makes it hard for a layman to determine ownership of copyright or if their works are infringing on another’s copyright. It is possible that not all persons will see the labels on your copyrighted works even if they are prominently displayed which may result in infringement. It is hard to monitor all institutions of learning or private individuals to determine if they are legally adhering to copyright since they are too many. Lastly it determines the competencies according to Engineering Australia Stage 1 Competencies that have been demonstrated in the writing of the report. Copyright Introduction Copyright refers to a legal form of protection for original works of creativity from copying and/or duplication without permission (Cornish et al, 2013). It gives one the right to choose how and where their work is used and/ or distributed, and by whom. It protects against the unlawful distribution of an author’s work, with guidelines stipulated in the Constitution under intellectual property law (Davis & Miller, 2000). Copyright rights apply only to the original author of a work of creativity (Goldstein, 1989). To own the copyright to a piece, one has to register the said work with the copyright office. There are forms to be filled for copyrighting. A copy of the work has to be submitted alongside the filled documents, for the work to be registered as a copyright. This can be done either physically, or on the internet. Different countries, however, offer different provisions for the process of registering a copyright, just as the scope of copyrights varies from one country to the next. There is also a registration fee which has to be paid in full by the owner in order to register the work. It is important to note that the copy (of the work) that is submitted with the application is not returned to the owner, therefore it would be wise to have another copy beforehand. The work will then have to be analyzed and searched to ensure that it is, in fact, an original, and that no other person’s copyrights have been infringed with the creation and registration of the work. The work has to be previously unregistered, either by the applicant or by anybody else. However, it is important to note that one does not have to register to have their copyright protection (Rose, 1995). These rights begin to exist the moment the work is created by the author. The rules on what can and cannot be copyrighted vary in different countries according to the country’s Constitution. However, there are some standard types of work that cut across the globe. These fall under the scope of creative works protected by copyright: literary works such as novels and poetry, music, and movies (Goldstein, 1989). Computer software, plays and architectural works are also protected by copyright. In short, almost all works that require creativity and imagination, once put down and expressed, whether published or not, are protected by copyright under the Constitution. Copyright can also protect brand trademarks, such as the slogan “Just Do It” for Nike, but only when registered as an official trademark. Copyright does not, however, protect ideas and concepts (Cornish et al, 2013). Before they are put down or expressed, ideas and concepts are just that, and have little to no actual tangible value, and as such, no one person can lay claim to them or copyright them. However, expressing these ideas, either by writing, drawing, recording, or any other form of expression, gives them tangible value, thus validating them and declaring them one’s intellectual property. This also includes works that are presented on websites and/ or blogs. It must be noted that, even after presentation, copyright law does not protect ideas and concepts. Rather, it protects the mode or form in which they have been presented. For instance, copyright law would not protect one’s idea for a novel; it would protect the actual novel. Findings Australia’s follows the Commonwealth legislation regarding copyright. As such copyright law in Australia includes the Copyright Act of 1968 and other regulations associated with it such as the Copyright Regulations 1969, the Copyright Tribunal (Procedure) Regulations 1969 and the Copyright (International Protection) Regulations 1969. A copyright might be defined as the legal right that the creator or author of a work is granted. Copyright law gives the owner of a work the power, right, and control over the copying, publishing, preparation of derivative works, performance of the work, and making the work available to the public (Cornish, Llewelyn, & Aplin, 2013). In its most basic form, copyright offers the owners moral, legal and economic rights. It is aimed at protecting unauthorized use of the creative work of another by others. However, it also seeks to balance the public’s right to access to information with the right of the copyright owner. How to Copyright Something Copyright protection in Australia may be obtained from the office of the Attorney General after paying a specified fee. There is no formality or registration required for obtaining copyright protection under Australian law. No Registration or Formalities Persons seeking a copyright in Australia do not have to complete any formalities of registration such as the payment of fees, registration, or publications to have their works protected under Australian copyright law or any other international copyright treaty that Australia is party to (Davis & Miller, 2000). This is unlike plant breeders rights, designs, trademarks and patents which require registration before the author or creator can be granted protection. With a copyright, the owner immediately obtains protection from the time of creation of the original work. Copyright Notice While copyright protection does not call for formal notice, it is advisable and best practice for all authors of creative works to prominently display a formal notice on their works (Goldstein, 1989). There are no set rules for how the words on the copyright notice may be structured though a generic notice might sound like; “This work has been copyrighted. No part of it may be reproduced or replicated nor may any other right be exercised on the work, unless permitted by the copyright owner named herein as name and address of the owner of copyright and the time in which the creative work was created or any other permission under the Copyright Act of 1968.” It makes sense for copyright owners to always regard their copyrighted works as properties and to treat them the way they would treat a business asset. It is important to keep copies of the copyrighted works that have dates in manuscripts or tapes or copies of letters showing them submitting the works to other persons. No copyright owner should sign any copyright document unless they fully understand the implications of the contract (Rose, 1995). Attaching electronic rights management information on the subject matter to the work is also a good idea for a copyright owner. This is advisable since alteration or removal of such material is expressly forbidden in certain circumstances under the Copyright Act. Using software locks or password protection technologies may also be effective for copyrighted works that ate in electronic form. According to the Copyright Act, persons are not allowed to circumvent locks that control dealings and access to services and devices that can circumvent locks (Douglas, Papadopoulos & Boutelle, 2010). Proving Ownership Since there is no system of registration in place, questions of registration may arise. However, in most instances who owns a copyright will not be disputes. However, when there is a dispute as to who the rightful owner of a copyright is, the dispute is taken to court. The court determines ownership by asking for evidence from the author of the work or from associated persons that knew about the work or were involved in its creation. The dates of manufacture or publication that is on the label or packaging including statements of copyright ownership will be taken as evidence of ownership. It is up to the person disputing ownership to bring up aspects that prove that the labels, manufacturing or publishing information is inaccurate (Harris, Pritchard & Rabins, 2009). In the instance in which there are documents presented showing passing of copyright ownership from one person to another, such will be treated as sufficient evidence unless the person disputing provides evidence showing such documentation is inaccurate. Difference between a Copyright Owner and an Author An author of a work is the creator of the copyrighted work while the owner of copyright is the company or person that owns the rights to subject matter or work (Sweet & Schneier, 2013). In many instances, the owner of copyright will usually be the author of the said work, however this is not always so. For instance, when an employees creates a piece of work when they are contracted to a company, the ownership of copyright will rest with the employer. Moreover, there may be variation to the ownership of a copyright if an agreement is entered into between two parties. For instance, an author may opt to assign the rights to their work to a publisher. What Can You Copyright Works The Copyright Act of 1968 provides protection for original musical, dramatic, literal, and artistic works. For copyright to be valid for a given piece of work its author must be a citizen or resident of Australia, or have first published or made the work available in Australia, or is associated in a citizenship or residency relationship with a country that has a relevant international copyright treaty relationship with Australia (Cornish, Llewelyn & Aplin, 2013). Literary Works Most works that are literary or written form and which are not deemed to be trivial in nature are dramatic and literary works. These may be in hard copy or in electronic form and may include computer programs, databases, timetables, song lyrics, poetry, novels, articles, e-mails, and letters among others. Literary merit is not required for any work to be deemed worthy of copyright. Nevertheless, titles, slogans, or single words are not subject to copyright protection under literary works. Copyright Protection for Titles and Names While the Copyright Act offers protection for literary works such as newspaper articles, poems and books, titles and names are not expressly protected. In many instances that involve titles and names, courts have determined that they are not substantive enough to be classified as literary works and hence they fail the originality test as set out in copyright law. Artistic Works Artistic works such as models of buildings, maps, drawings, blueprints, sketches, engravings, sculptures, photographs, and paintings regardless of artistic quality are protected under copyright law. These may either be in hardcopy or electronic from. Moreover, there is a category of work of artistic artisanship that requires works to be the product of a skilled craftsman and to have aesthetic appeal in order to be subject to protection by copyright (Davis & Miller, 2000). Items such as crafted furniture, handmade jewelry, and handmade woven tapestry may be a good fit for this category. Works Need to be Original Only original works may be subject to copyright protection law. A work that is the result of the creators intellectual effort and not simply a copy of another’s work is what is deemed original and may be protected by copyright law (Goldstein, 1989). Nevertheless, some works even while not original may be subject to copyright. For instance, a compilation of other works such as an anthology is copyright protected if the compiler sought the permission of the creators of the individual works in compiling such an anthology. Copyright in non-Works Subject Matter The Act protects television and radio broadcasts, films (incorporate previously recorded videos and programs), sound recordings, and works that have been published. These are what are commonly known as subject matter other than works. Independent Existence The copyright in other subject matter and works must have independent existence to be subject to copyright protection. For instance, for a television or film broadcast a copyright might be inherent in the film itself, any sound recording that is part of the film, the underlying script, and the broadcast of the film. There may be different owners of the different kinds of copyright that are in the film. Similarly, a CD might have a variety of copyright such as in the sound recording, music arrangement, composition and the lyrics. Information or Ideas Cannot be Copyrighted Information and ideas are not protected by copyright except if they are the original expression of such information or ideas (Rose, 1995). This is a fundamental difference in how designs, trademarks, and patents are treated in law. For instance, while getting a patent will give a persons a monopoly to do with an idea as they deem fit, the granting of a copyright will not offer a monopoly to the information and ideas in a given work. Conversely, the copyright owner has the rights to reproduction (among other uses) of that information and ideas that he has put forth in material form. As such, copyright does not prevent other persons from using the same information or ideas. Copyright infringement does not result if two persons working independently come up with similar works though their ways of expressing such ideas is different. For instance, two artists that paint the same waterfall from the same spot on the bank of the river does not constitute copyright infringement on either’s part. Both parties would have copyright protection for their creations and would not have infringed on the copyright of the other as long as there is no copying of each other’s work involved. What Protection Does it Give you As an owner of a copyright there are several rights enshrined in the act that aim to protect your copyright from unauthorized use. These rights include the right to reproduction of their work, performer’s rights, and moral rights. Reproduction rights These rights allow a copyright holder to have control over the reproduction of their works. Any reproduction of the work without the owner’s permission is an infringement of the copyright. However, some exceptions allow for limited copying of a small portion of copyrighted material. The author may exercise the exercise of reproduction rights or they may grant them to someone else through granting licenses or assigning rights in exchange for royalties or fees. A license grants the permission to make adaptations of the work, perform them in public, make the work available online, make copies of the work, and publish the work. Moral rights According to the Copyright Act a copyright owner has the following moral rights” The right of attribution that protect their work from derogatory treatment that may compromise their honor or reputation; the right to intervene in the instance of false attribution; and the right to be identified as the creator of a work. Moral rights assert that the works are an extension of the personality of the creator and hence the relationship between the work and their creator should be respected (Douglas, Papadopoulos & Boutelle, 2010). Even in the instance of licensing or assigning of copyright, moral rights are not transferable and will always remain with the creator of the work who can exercise them or ask someone to exercise them in his behalf. Performers’ rights The performer’s right in copyright include the moral rights in their live performances, ownership of copyright of their sound recordings, and the right to control communication and recording of their performances. Infringement will result if a person records the performance, copies or places a copy of the work online without authorization from the creator. Some performances such as news broadcasts, participation in sports, audience performances, and teacher and student performances in the course of educational instruction are not subject to performance protection. Copyright will usually protect a work for the duration of the life of the author and 70 years after (Harris, Pritchard & Rabins, 2009). It is important to note that there are fair use provisions that allow a work to be used without infringing on copyright. Under fair dealing you could use a broadcast, film or sound recording for parody and satire, offering professional advice by a lawyer, news reporting, review or criticism, and research or study. A person could also copy up to 10% of a copyrighted work without it being deemed copyright infringement (Sweet & Schneier, 2013). Special purposes in education such as making it easily accessible for a person with disability, employing it for educational instruction and for provision of archival and library services are not an infringement of copyright. Discussion Lessons Learnt Copyright is an issue, which involves complexities of a legal and ethical nature. It is important for a person holding a copyright to be knowledgeable on the protections and rights that a copyright gives to them. A copyright gives the copyright author a lot of rights and protections that would make them have significant control over their works. Most importantly, the owner not only has economic rights but also moral and legal rights to any work that they produce. The Australian procedures or copyrighting something, while not involving registration or any documentation processes, offers one of the best protections of copyright among the developed countries. Nevertheless the process is quire detailed as a copyright holder is required to provide evidence of when the work was created through labels, letters showing dates of publication or sharing with others among other things. The most important lesson learnt is what category of works and non-subject matter may be copyrighted. Information and ideas cannot be protected per se rather only execution is protected Recommendations Always ensure you execute your ideas in a unique way to be protected by copyright. Keep detailed records of the dates when you publish creative works and label and have electronic tags on your creative works to prevent infringement. Read up and become knowledgeable on the moral, legal, and economic rights that the law gives a copyright holder. Be knowledgeable on what creative works are subject to protection by copyright law and what to do if there is infringement of your rights by any party. Ensure that you can prove ownership of any creative works you create. Treat your copyrights as business properties/assets and properly document them if you are to get any economic benefits from them. Prominently display labels showing ownership of copyright in your works to prevent infringement by persons that may be unaware of your ownership of the copyright. Challenges 1) The instance of a non-procedural way of registering copyright in Australia makes it hard for a layman to determine ownership of copyright or if their works are infringing on another’s copyright. 2) It is possible that not all persons will see the labels on your copyrighted works even if they are prominently displayed which may result in infringement. 3) It is hard to monitor all institutions of learning or private individuals to determine if they are legally adhering to copyright since they are too many. 4) The author retaining possession of moral rights after assignment may make it hard for the assignee to make any significant changes, which may make assignment difficult. 5) The non-recognition of title and names as subject to copyright protection makes it easy for pirates to make products that masquerade as the real thing without legal consequence. 6) A person may patent, or trademark their ideas and information so as to avoid copyright restrictions on the same. Competencies I. I have developed competency in discernment of knowledge as I can now identify and critically appraise developments in the industry by researching on existing copyrights and finding unique angles for research. II. I have knowledge of contextual factors affecting the engineering discipline. For instance, I know that creative engineering works are subject to protection by moral, legal, and economic rights. III. I have demonstrated competency and knowledge in principles, norms, accountabilities and codes of acceptable practice in engineering since I have knowledge on what works can be copyrighted, to what extent is using a copyright allowed, and what may be deemed copyright infringement. IV. I can effectively apply systematic engineering design and synthesis processes in design by taking into account contextual restraints that include human legal and commercial factors by coming up with designs that satisfy consumer expectations yet do not infringe copyright. V. I am knowledgeable on ethical standards and professional accountability that includes upholding due diligence in engineering design and awareness to intellectual property rights and protection. VI. I have demonstrated effective professional written communication in conducting this research. Conclusion Copyright law in Australia does not have a set of procedures or registration requirements. However, it still gives a good if not better protection that the laws of similar jurisdictions. The copyright law is very simple giving a way of proving ownership and how to settle issues of ownership, and what is subject to copyright, what can be protected and the protections copyright offers. Engineering aspects will be impacted by copyright law as a professional needs a good understanding of copyright law in coming up with their creative works whether for themselves or for their clients. It is important o have a good knowledge of the challenges posed by copyright law in order to develop the necessary competencies as an engineering professional. The paper has done a good job of relating these findings and how they relate to the work of an engineer that is involved in creative designs. References Cornish, W., Llewelyn, G. I. D., & Aplin, T. (2013). Intellectual property: patents, copyright, trade marks & allied rights. Davis, M. H., & Miller, A. R. (2000). Intellectual property: patents, trademarks, and copyright in a nutshell. West Group. Douglas, D., Papadopoulos, G. M., & Boutelle, J. (2010). Citizen engineer. Upper Saddle River, NJ: Prentice Hall. Goldstein, P. (1989). Copyright: principles, law and practice (Vol. 3). Aspen Publishers. Harris, C. E., Pritchard, M. S., & Rabins, M. J. (2009). Engineering ethics: Concepts and cases. Belmont, CA: Wadsworth Cengage Learning. Rose, M. (1995). Authors and owners: The invention of copyright. Harvard University Press. Sweet, J., & Schneier, M. M. (2013). Legal aspects of architecture, engineering and the construction process. Stamford, Conn: Cengage Learning. Read More

These rights begin to exist the moment the work is created by the author. The rules on what can and cannot be copyrighted vary in different countries according to the country’s Constitution. However, there are some standard types of work that cut across the globe. These fall under the scope of creative works protected by copyright: literary works such as novels and poetry, music, and movies (Goldstein, 1989). Computer software, plays and architectural works are also protected by copyright. In short, almost all works that require creativity and imagination, once put down and expressed, whether published or not, are protected by copyright under the Constitution.

Copyright can also protect brand trademarks, such as the slogan “Just Do It” for Nike, but only when registered as an official trademark. Copyright does not, however, protect ideas and concepts (Cornish et al, 2013). Before they are put down or expressed, ideas and concepts are just that, and have little to no actual tangible value, and as such, no one person can lay claim to them or copyright them. However, expressing these ideas, either by writing, drawing, recording, or any other form of expression, gives them tangible value, thus validating them and declaring them one’s intellectual property.

This also includes works that are presented on websites and/ or blogs. It must be noted that, even after presentation, copyright law does not protect ideas and concepts. Rather, it protects the mode or form in which they have been presented. For instance, copyright law would not protect one’s idea for a novel; it would protect the actual novel. Findings Australia’s follows the Commonwealth legislation regarding copyright. As such copyright law in Australia includes the Copyright Act of 1968 and other regulations associated with it such as the Copyright Regulations 1969, the Copyright Tribunal (Procedure) Regulations 1969 and the Copyright (International Protection) Regulations 1969.

A copyright might be defined as the legal right that the creator or author of a work is granted. Copyright law gives the owner of a work the power, right, and control over the copying, publishing, preparation of derivative works, performance of the work, and making the work available to the public (Cornish, Llewelyn, & Aplin, 2013). In its most basic form, copyright offers the owners moral, legal and economic rights. It is aimed at protecting unauthorized use of the creative work of another by others.

However, it also seeks to balance the public’s right to access to information with the right of the copyright owner. How to Copyright Something Copyright protection in Australia may be obtained from the office of the Attorney General after paying a specified fee. There is no formality or registration required for obtaining copyright protection under Australian law. No Registration or Formalities Persons seeking a copyright in Australia do not have to complete any formalities of registration such as the payment of fees, registration, or publications to have their works protected under Australian copyright law or any other international copyright treaty that Australia is party to (Davis & Miller, 2000).

This is unlike plant breeders rights, designs, trademarks and patents which require registration before the author or creator can be granted protection. With a copyright, the owner immediately obtains protection from the time of creation of the original work. Copyright Notice While copyright protection does not call for formal notice, it is advisable and best practice for all authors of creative works to prominently display a formal notice on their works (Goldstein, 1989). There are no set rules for how the words on the copyright notice may be structured though a generic notice might sound like; “This work has been copyrighted.

No part of it may be reproduced or replicated nor may any other right be exercised on the work, unless permitted by the copyright owner named herein as name and address of the owner of copyright and the time in which the creative work was created or any other permission under the Copyright Act of 1968.

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