Internet copyright and licensing regulations14 February 2006
Something never far from the public eye is the issue of internet copyright and web licensing laws, but to what extent do businesses and individuals understand the legal implications of their online actions?
Last month the High Court told ten internet service providers to supply the personal details of over 100 individuals who were suspected of software piracy. The ruling was the result of a 12-month long operation by the Federation Against Software Theft (Fast), the world's oldest anti-piracy organisation.
The concept of software copyright and piracy became embedded in UK legislation in 1988 with computer programs being classed as a literary work in the Copyright, Designs and Patents Act.
In the recent High Court case a number of the software pirates were using their employer's corporate networks to trade software, and Fast has said it will now be looking at targeting business as well as individual employees.
Open source explained
Software that can be reproduced across websites is known as open source. In legal terms open source refers to software that users are actively encouraged to distribute, partly to allow the software to be improved by individuals freely modifying it.
However, open source does not necessarily mean it is free of charge, just free to use, with companies and individuals within their rights to sell open source code. Companies and programmers wishing to develop open source software should take out an open source licence.
Copyright infringement claims are not just made against the reproduction of software and programs. A US-based personal finance company was recently ordered to pay $200,000 (£115,000) in compensation for copying a rival company's online advertisements.
Battle against music pirates
When internet copyright infringement hits the headlines it is mostly regarding individuals illegally downloading and sharing music in the form of MP3 files.
Despite the popularity of legal music downloading services such as Apple's iTunes, the vast majority of MP3s are still downloading illegally.
During the first six months of 2005 ten million songs were paid for and legally downloaded in the UK, but this pales in comparison to the estimated 2.6 billion songs that are downloaded illegally every month worldwide, with 95 per cent of all MP3s on the internet believed to be illegal.
However, research suggests that the legal music download market is principally supported by those who download and share music illegally.
A survey by music industry analyst the Leading Question that illegal downloaders spend almost five times as much on legal downloads than the average consumer, with a similar survey by Music Programming Limited suggesting that nine out of ten people downloading music illegally then proceed to buy the album or single in question.
Key copyright facts
- Copyright automatically applies as soon as something is created, be it software, music or text
- Copyright law still applies regardless of whether you attempt to charge people for access
- Copyright is not negated if undefended or unclaimed, as in trademark law
- Never assume you are helping the copyright holder by raising awareness of their work
For more information on protecting your own copyright on the internet, see our previous feature.
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