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Copyright Law - Essay Example

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This is further evidenced by the impact of the Berne Convention on Copyright2 to which the UK is a signatory grants reciprocal rights for nationals from different countries…
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Copyright Law
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Download file to see previous pages This clearly has implications for online protection of copyright with the proliferation of the Internet and multifarious online uses involving copyrighted works.
For example, if data is stored on a US computer is downloaded in the UK, UK law will apply and not US law under the Convention5, which creates issues of enforceability and policing in an internationally networked environment offering broader scope for anonymity. Furthermore, the protection of copyright online has become increasingly contentious due to the ease of copying materials in machine readable form and distribution on the Internet6. This is compounded by the low cost of copying and transmitting files on the Internet and the difficulty of policing a borderless jurisdiction further exacerbates the issue as to where liability should lie7.
Section 17 of the CDPA addresses copyright infringement and provides that copyright protection prohibits copying the work, issuing copies of the work to the public, renting or lending the work to the public, perform the work, broadcast the work, adapt or amend the work. Additionally, these acts will constitute copyright infringement if there is copying of the “substantial part” of the copyright works8. Remedies for copyright are commonly damages (often for lost royalty payments), injunctions, accounts for profits or orders for delivery up9.
The fair use doctrine is the most common copyright exception under section 29(1) of the CDPA10. Alternatively, section 31 of the CDPA provides a defence of incidental inclusion of copyrighted materials such as when filming or recording live events; which is particularly relevant to inclusion in artistic work, sound recordings, film or broadcasts.
The sheer vast range of availability of information online has further rendered it difficult to enforce the principle that there is no implied licence to copy11. Theoretically, downloading someone’s web page is clearly copyright infringement and the ...Download file to see next pagesRead More
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