Intellectual Property Rights

Digital Copyright

Purnima Kesavan Roll No. 14 S2, MBA IB

Intellectual Property Rights

Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Basically, the protection of everything that is not real property.

 Basic Forms of Intellectual Property rights

Trade Secrets Trademarks Patents Copyrights Industrial design rights

Copyright
Copyright, one of the form of intellectual property right, offers exclusive rights for protecting the authorship of original & creative literary and artistic works. Symbolized as ". The holder has the right to determine who will be credited with the work, who will perform the work and who will be benefited financially from it.

Digital Copyright

 The Internet
The Internet has been hailed as the most revolutionary social development since the printing press. Explosion of new possibilities for connections--among people, among different formerly discrete packages of information, among ideas. The most democratic of media, promoting free expression and access to information.

Drawbacks
Anyone with a computer can make and distribute countless copies of anything digital. The digital version can be sent to friend or even posted in a bulletin board system for downloading by anyone.

Digital Copyright Laws

The WIPO copyright Treaty Indian Copyright Act amended in 1994 Digital Millennium Copyright Act of 1998 (US)

WIPO Copyright Treaty

The World Intellectual Property Organization Copyright Treaty, abbreviated as the WIPO Copyright Treaty, was an international treaty on Copyright Law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. The Treaty is mostly concerned with the issues posed to the Copyright Laws in view of the new technological developments that took place in the last decades of the twentieth century. The Umbrella solution : Authors of literary and artistic works shall enjoy the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.

 Article 12(1) of the Treaty obliges Contracting Parties to provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty, (i) to remove or alter any electronic rights management information without authority; (ii) to distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.

Right Conferred by Copyright

Every Copyright Owner can use his protected work as he wishes. But he must have regard to the rights and interests of others and also exclude them from using it without his authorization. Therefore, the rights conferred to a copyright owner are often referred to as exclusive rights. Statutory rights Economic rights Moral rights Negative rights

Limitation On Rights of Copyright Owners

The limitation on rights to copyright owners are Temporal Geographic Permitted use Non-material works

Digital Right Management

Digital Rights Management ( DRM) , also sometimes called ECMS, or electronic copyright management systems, are technologies designed to automatically manage rights in relation to information. This can include preventing copyright works and other information from being accessed or copied without authorization and establishing and enforcing license terms with individuals. DRM is a form of continual protection that protects works and manages rights at all times, no matter where the works are located or who has possession of them. DRM attempts to promote authorized use of a copyright work, in part by precluding the possibility of copyright infringement.

Online Copyright Protection Methods

Restricting access to the source of work web server access control.

Restricting manipulation of the electronic file containing the work.

Controlling Web Server Access

Completely uncontrolled access Partially uncontrolled access Completely controlled access Access control affected through authentication procedures.

identification

and

Controlling Document Access

A proprietary or unique file that can be read only by certain software developed by the information provider.
Encryption- converts a file from a viewable format to a scrambled format. The user can obtain authorization from the publisher in the form of a password which can decrypt the file and restore it to its original format.

CONCLUSION
Digital copyright is growing to be the most significant part of intellectual property right with the advent of internet and other technologies which enables the flow of digital information from various sources. The gains by electronic media are well perceived by leading publishers, but they are at the risk of misusing or manipulating their works as appropriate protections are not in place to permit them to set and enforce the terms and conditions under which their works are made available online. Current efforts in digital copyright protection by implementing the new technologies prevents the infringement upto an extent.

Reference
Electronic Commerce Ravi Kalakota, Andrew B Winston

Thank you.