• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Is the UK copyright act of 1988 still an adequate means of protecting intellectual property from infringements such as illegal copying, plagiarism and piracy?

Extracts from this document...

Introduction

Is the UK copyright act of 1988 still an adequate means of protecting intellectual property from infringements such as illegal copying, plagiarism and piracy? "It is difficult for intellectual property laws to keep pace with technology. When technological advances cause ambiguity in the law, courts rely on the law's purposes to resolve that ambiguity. However, when technology gets too far ahead of the law, and it becomes difficult and awkward to apply the old principles, it is time for re-evaluation and change." (Working Group on Intellectual Property Rights (Information Infrastructure Task Force), Intellectual Property and the National Information Infrastructure (Preliminary Draft, July 1, 1994)) The copyright, Designs and Patent Act (CDPA) of 1988 was introduced to give legal protection to the creators of these works in order to prevent exploitation and to ensure their moral rights. The purpose of the CDPA was to protect the following types of work: * Literary Works * Dramatic Works * Artistic Works * Musical Works * Films * Broadcasts * Published Edition * Performers' Rights Whilst the CDPA theoretically protects certain technological plagiarism through Section 107 of the Act which states that where an individual sells, hires, exhibits, or distributes an infringing copy of ...read more.

Middle

site, thereby altering his or her perception of the material. The controversial nature and threat to copyright of this feature was seen in the Washington Post Co. v. Total News case. * Ease of Plagiarism and illegal copying Although the UK Copyright Act of 1988 protects Musical/Artistical works and the rights of performers, technology has once again outdated this feature of the act as well. The introduction of uploading software, CD copiers and file formats such as MP3 and AIV have meant that these works are no longer protected. This point was perhaps best highlighted in the recent court case between Napster.com and the Recording Industry Association of America (RIAA) which branded Napster a "copyright infringement machine" (3). However whilst Napster has now been shutdown, nevertheless it acted as a catalyst to many other "sharing communities" like itself such as aimster.com, imesh.com and mp3.com. Similarly this approach to illegal copying is not merely limited to music files and is extended to movies and software. This is as a result costing the entertainment industry and software companies amongst other, billions of dollars out of pocket. ...read more.

Conclusion

In contrast such a dual method will mean every country will have two sovereigns governing different areas of law. This would create vast grey areas between them that could render the proposal ineffective. Conclusion To conclude, the UK Copyright Act of 1988 was adequate at the time of design. However in the thirteen years since its design, Technology has come forward leaps and bounds. As a result this act that was initially designed mainly for the purpose of non electronic sources has now become out of date or is being largely ignored due to the growth of technology. However when incorporating any solutions to the current inadequacies, it is vital to realise that whilst the rights of copyright owners are an important component of the copyright equation, so are the rights of public for information dissemination, freedom of expression and informational privacy. As a result looking into the future, the government needs to re-evaluate the interests of all those involved and legislate towards a new more flexible copyright framework, suitable for the digital age. Similarly, due to the global nature of digital technology with no geographical boundaries, perhaps a more suitable solution would be to incorporate such a framework into a "cyberlaw". Marwan Nawaz Word Count: 2006 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Legislation & The Legal Framework section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Legislation & The Legal Framework essays

  1. 3E-The legislation that protects individuals and groups from the misuse of ICT

    kept confidential, secure from the use of others and the Act has generally been very effective for the whole of the Leyton community. The legislation protects the whole community living in or outside the Leyton area. With the act in place; the individuals living in Leyton have more secure data storage in organisations they may be registered with.

  2. The Data Protection Act 1998 - questions and answers

    Companies should note that directors and other officers of the company may have personal liability for offences under the 1998 Act. Are there any exemptions? Yes, there are a number of exemptions from various provisions of the 1998 Act .

  1. Data Protection Act

    For example, the disclosure of a data subject's medical history to a hospital casualty department treating the data subject after a serious road accident. 1.1.2 Conditions of processing sensitive personal data ( Schedule 3 of the Act) The act defines categories of sensitive data namely personal data consisting of information

  2. Privacy and Data Protection: IT Law

    To avoid this phenomenon, most data protection laws include restrictions on the transfer of information to third countries unless the information is protected in the destination country, see for example, Article 12 of the Council of Europe's 1981 Convention.60 Article 25 of the 1995 Directive, for the same reason, imposes

  1. Data Protection Act

    to ask a customer about their religion then they would be breaking the law. This protects users because it stops workers using customer data for personal use. Blockbuster must keep regular checks on their customer's information to make sure it is all right they must send out regular checks to make sure everything is right.

  2. The data protection act

    This makes it possible to keep backup copies of valuable data or work. Unfortunately some people abuse this facility to copy programs. Such anti-social and illegal behavior is short sited. Some games software publishers estimate that for every legal copy sold 10 are copied.

  1. File management and standard ways of working.

    Save work regularly and use different filenames You should save your work regularly because if anything happens to your computer and you haven't saved your work then it means you have to re-type the work you have been doing before the problem happened.

  2. The Legislation That Protects Individuals and Groups using IT. Use of It by myself ...

    Sites usually require an email, a name, data of birth and other personal data, sometimes even including an address. These aren't too harmless when breaking the Data Protection Act. For example, the most that can happen would be that Mr Ajaib's e-mail address would be given out to the sponsors

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work