,denoted by the symbol (©) is a form of protection accorded tocreators or authors of original works of authorship. These includedramatic, literary, artistic, musical and other intellectual works(Beseket al., 2012).What it means is that the original author or creator has the rightto:
Make copies of the work
Perform the work publicly (entails to plays, dances, film or music)
Display the work publicly (include artwork, audiovisual works or any other material used on the internet or television)
Distribute copies of the work
Make derivative works ( include modifications, translations and so on)
Asthe owner of the work, the creator or author also possess the rightto let others do things listed above. The law requires that it isnecessary to seek permission where one wants to perform theactivities such as those mentioned. However, there are someexceptions and limitations to the rights as a copyright holder. Amajor limitation is the doctrine of fair use (Atkins,2009).
Forlong lasting computer systems (such as those used in cars), rulesshould apply. Patenting the software in computer systems is crucialfor the company and the end users of the products. The modern societydepends heavily on computer technology for economic development. Thehardware and software of many innovations work in tandem in theinformation society today. Thus the intellectual property protectionconcerning software is significant for the businesses (Hirtle,2008).
Unlawfulcopying is a violation of the law. A person who exploits theexclusive rights of copyright without the permission from the owneris said to commit copyright infringement (Seadle,2010).A lawsuit will oblige the infringer to pay the copyright ownersimilar amount of money that he made. The amount may also sum up towhat the owner would have achieved in the absence of theinfringement. There are also statutory damages that the accused maypay as set by the authorities. Criminal charges may also be pressedagainst the infringer and may be required to pay penalties. Anyfurther use of the work may be prohibited.
Toprove a violation of copyright law, the infringing work should besubstantially similar to the work that is copyrighted ora proof thatthe alleged person accessed the copyrighted work (that is, they heardor saw it). The substantial similarity, however, varies from state tostate or according to the context. There are no clear rules to makedecisions for the existence. Courts may adopt guidelines relating tosound, appearance, format, wording, sequence, layout, among otherelements.
Ruleson Fair Use
Theexclusive rights given to the copyright owner are limited. Thecopyright law stipulates some limitations. The fair use doctrineallows limited copying of works for research and educationalpurposes. The legislation provides a leeway for reproduction forteaching, criticism, news reporting, scholarship and research.Therefore, such activities cannot be regarded as an infringement ofcopyright. For the computer systems, rules governing the softwareshould allow for tinkering but for good faith or cause. Accessing acomputer program should be solely for the purposes of good faithtesting, correction of a security flaw, investigation orvulnerability (Atkins,2009).The activity should be carried out in a controlled set up and isdesigned to avert any harmful effects to the public or where theinformation derived is utilized to promote safety or security.
Factorsthat should be considered in the doctrine of fair use:
The purpose and character of the use. The use may be commercial in nature or for non-profit educational purposes. The purpose being for non-commercial educational use is likely to be a fair use
Nature of copyrighted work. Where the work is more factual and less creative, then it may be meant for fair use.
Substantiality and amount of the portion or part used in relation to the copyrighted work. The more taken, the more it is likely to be fair use
The overall effect of the use upon the potential market or the value of the copyrighted work. The effect entails what the owners lost, or the money that they might have made from the work if the violation did not occur.
Rulesrelating to copyright of computer systems software may be centered onmodification of various functions of the vehicle. The lawfulmodification of the vehicle software seeks to allow for diagnosis orrepair. Regulations from the Department of Transportation and theEnvironmental Protection Agency should develop rules and protect thestakeholders. The promulgated rules are met to offer a playing groundto the manufacturing company and the businesses. Individual carowners are also involved or are subject to the whole process.
laws are applicable and pertinent to the regions they operate. Thereshould be some form of conformity and institutionalization worldwideto safeguard the interests of the stakeholders and investors and toensure they are not subjected to losses that can eventually ruin thefuture of their operations abroad (Seadle,2010).
protection is therefore of utmost importance when it comes toshielding various parties. exists automatically after thework is created. Thus, an immediate creation of a tangible copy leadsto outright protection. These may include books, manuscripts, film,videotapes, microfilms or sheet music. Songs are mostly fixed insheet music or CD. Computer Softwares are also stored in specificstorage devices.
Therefore,any form of access or use to such materials without the consent ofthe owner is illegal. The notice of copyright enhances the public toknow the copyrighted works or materials. The form of notice is forvisually perceptible materials such as books and posters isidentified by certain symbols. For instance, the symbol “ ©” isthe most widely used. Others may opt to use the word “copyright”or its abbreviation "Copr." Other elements that accompanythe notice are the year of first publication of the work and the nameof the copyright owner (Hirtle,2008).
Forthe computer Softwares used by manufacturers, protection ofcopyright is subject to safety and security implications. The usermay modify their vehicle for the safety of their life. Themodifications are intended for a good cause. As a matter ofconvenience, the user is likely to tamper with the restrictions.However, some conditions should be developed to ensure themanufacturer is protected. Tinkering may also not sound good to thevehicle owners as modifications may impair systems in the vehiclesand affect the functionality. Accidents may happen as a result ofthese adjustments (Beseket al., 2012).
slast a pretty good time but do not last forever. Current lawsstipulate that copyright protection begins from the moment the workis created and continues until seventy years after the passing awayof an artist or author. That means the validity of a copyrightextends to about 130 years. After the expiry of copyright, the workfalls into what is referred to as the "public domain."Anyone can then copy and use the work without permission. Thus,today, one can use the literary works of Shakespeare, the artisticworks of Leonardo da Vinci and the works of music writers such asMozart. For joint works from two or more authors, the copyright termlasts for seventy years after the passing on of the last survivingauthor (Ahmad& Chaturvedi, 2013).
Thefuture existence of copyrights needs to be evaluated especially astechnology and innovations continue to shape the modern society.Various measures and rules should ensure the copyright owners reapmaximum benefits from their works by suppressing any form ofinfringement. The software market is growing tremendously, and casesof copyright infringement are also increasing. The original works ofsoftware developers should be protected, and in cases ofmodifications, they should be made with the owner’s consent orpermission (Beseket al., 2012).
Theoriginal owners of the copyrights should be made aware of theirrights. A lot of these copyright owners lose financially,particularly when they lack knowledge or do not understand issuespertaining their works. Many people may be out there to make moneythrough trading on others copyrights or use infringements. The ruleof law should have countermeasures and stop such exploitations. Rulesregarding patenting should be taken care off and strengthened topromote creativity, innovations, artistry among others (Atkins,2009).These empowerments will be beneficial to individuals, the society,and the entire economy. On the other hand, lack of the necessaryrules and regulations concerning the protection of copyrights in anation will scare away investors and demoralize the local population.
Ahmad,N. & Chaturvedi, S. (2013). Originality requirement and copyrightregime of music: a comparative overview of Indianperspective. Information & Communications TechnologyLaw,22(2), 132-145.http://dx.doi.org/10.1080/13600834.2013.814238
Atkins,R. (2009). , contract and the protection of computerprograms. International Review Of Law, Computers &Technology, 23(1-2), 143-152.http://dx.doi.org/10.1080/13600860902753528
Besek,J., Coates, J., Fitzgerald, B., Mossink, W., LeFurgy, W., & Muir,A. et al. (2012). Digital Preservation and : AnInternational Study. International Journal Of DigitalCuration,3(2), 103-111.http://dx.doi.org/10.2218/ijdc.v3i2.61
Hirtle,P. (2008). Renewal, Restoration, and theDifficulty of Determining Status. D-LibMagazine, 14(7/8).http://dx.doi.org/10.1045/july2008-hirtle
Seadle,M. (2010). in a networked world: ethics andinfringement. Library Hi Tech, 22(1),106-110. http://dx.doi.org/10.1108/07378830410524620
Seadle,M. (2010). in the networked world: international documentdelivery. Library Hi Tech,25(2), 298-304.http://dx.doi.org/10.1108/07378830710755045