COPYRIGHT LAW

Copyright refers to a bundle of exclusive rights granted to the author or creator of an original work.   Whilst some jurisdictions require the completion of certain formalities and/or official registration in order for copyright protection to be awarded,  most countries recognise the   existence of copyright protection providing certain requirements are satisfied.

Copyright law developed at a time when making copies of works when certain technological advancements occurred. Prior to the advent of the printing press, copying of works was a  laborious process involving manual copying of works.   The advent of the printing press led to the need to control and regulate printers.

A lot has changed since the first Copyright Statute was passed in England in 1710, and a Federal Copyright Act was passed in the United States in 1790.  Even though copyright law has  been standardized to some extent by International Conventions and agreements, it is important to recognise that jurisdiction retains separate and discrete laws and regulations governing copyright.

The advent of newer technologies  such as the photocopier, audio recording, video recording and the internet have posed increasingly difficult challenges to copyright owners,   end users wanting to know whether or not the uses they make of such works is legitimate, and manufacturers of such technologies seeking some certainty as to whether the use of their technologies was illegal.

Online intermediaries operating on the Internet  are obliged to comply with certain procedures in order to escape allegations of liability for authorisation of copyright infringement.

There are also issues relating to the ownership status of user generated content on sites such as Second Life,  with subscribers having agreed to terms of use beginning to assert ownership over some forms of intellectual property arising from their use of these sites.

Copyright infringements are generally speaking enforced by bringing civil actions, however there has been an increasing tendency to seek criminal penalties.

Disclaimer:  This site is intended to operate purely as an informational  resource, a general overview of intellectual property and other related legal issues arising online.   It isn’t a substitute for professional legal advice from a lawyer certified to provide legal advice in your jurisdiction.  Neither is it intended to create an attorney-client  relationship.   The law varies in each jurisdiction and we do not warrant the accuracy, completeness or usefulness of any material you read here.