• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  • Level: GCSE
  • Subject: ICT
  • Document length: 2010 words

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the UK Copyright Act of 1988 protects Musical/Artistical works and the rights of performers, technology has once again outdated this feature of the act as well.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. Data Protection Act

    as to;- - the racial or ethnic origin of the data subject - his political opinions - whether he is member of trade union At least one of the following conditions must be satisfied in addition to at least one of the conditions for processing in Schedule 2 (which apply to the processing of all personal data)

  2. The Data Protection Act 1998 - questions and answers

    is not the data subject but who can be identified from that information. What happens if a data controller does not comply with the Act? The Act sets out various offences including: processing personal data without notification (i.e. being registered); failure to notify the Commissioner of any changes to a

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

    An example of how people could use hacking was to cause business competitors to go offline. Hackers from an opposing business could launch a DDoS attack to knock their computers offline. People can also take advantage of features using things such as bots.

  2. 3E-The legislation that protects individuals and groups from the misuse of ICT

    receive the data are well protected from hackers and cannot extort any money than the initial fee that is to be paid by the customer. The data protection act protects Maria's personal data from the access or misuse of hackers. The Act ultimately, enables her data to be kept confidential.

  1. ICT LAWS

    It stops internet café (idea Store) from allowing people to download illegal music from their store ? It stops staff from stealing identity from another person for misusing the internet chat rooms and using their identity for financial frauds ?

  2. Data Protection Act

    This law applies to all the workers of blockbuster. This is so that people that apply don't have to be worried that there details will not be misused. To make sure that no extra data can be collected blockbuster can only get the following information. 1. Name 2. Phone Number 3.

  1. Leaflet design for Finding Nemo.

    This picture shows my search results after I searched for 'Finding Nemo images' on the 'Google' search engine. It displays the pictures that I searched for after typing the title and clicking on images and then search. It displays all pictures to do with the 'Finding Nemo' film.

  2. Privacy and Data Protection: IT Law

    privacy rights for individuals by extending the existing protections to a broader category of "electronic communications." But during the process, the Council of Ministers brought up the issue of data retention provisions for law enforcement purposes: Internet Service Providers and telecommunications operators should store logs of all phone calls, e-mails, faxes, and Internet activity.

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