Web Design Basics 2IT16ht13

Assignment 2 Copyright on the web

1. What is protected by copyright? Copyright is a law that protects the works of writers, artists, composers and other creative work and gives the artists the rights to decide how their works are to be used. In Sweden we have the so called Swedish code of statues (SFS 1960:729), but there are also two regulations that belong to the copyright legislation. These regulations are SFS 1993:1212 wich contain details about the implementation of the copyright law, and International Copyright Regulation SFS 1994:193 that contain the obligations that we in Sweden are obligated to give to international works. These regulations however have been amended during the last couple of years due to the directives by the European Community1. But what exactly is protected by copyright? First we have to define the word work in the statement that copyright protects the works of writers and artists. A work is defined by that it must be the result of an authors own personal intellectual creativity2. It also refers to that the product that wishes to be copyrighted must have an originality or individuality to it. The work has to be the originators special way of expressing the work that is being copyrighted. Copyright does not include the facts or ideas in a work but rather to the personal way the artist has expressed the content3. Examples of products that are protected by copyright is: compositions in speech or writing, musical and stage works, architectural art, works of pictorial art, applied art, computer programmes, all types of spiritual creations of literary or artistic work. The artist also has economic and non-economic rights to their copyrighted work. The copyright is valid during the artists lifetime and for 70 years after his/her death4. 2. Describe the difference between economic and moral copyright. Under the Copyright Act there are exclusive rights called economic rights and moral rights. Exclusive rights mean that it is only the author or his/her successor that is authorized to carry out the acts explained by the rights below. Economic rights is comprised by the right to prohibit or authorize any form of copying of the work and the right to make the work available to the public5. Moral rights is comprised by the right of the artist to be named as the originator of the work in any way the work is used. It also includes the right to object to any changes in the work and the right to object to the work being made public in the context that is prejudicial to the artistic reputation or individuality of the author6. These moral rights are exclusive for the artist and cannot be transferred but the artist can waive them and thus be binding upon him/her.
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http://www.regeringen.se/content/1/c6/05/67/62/ac3af6b4.pdf http://www.regeringen.se/content/1/c6/05/67/62/ac3af6b4.pdf 3 http://www.regeringen.se/content/1/c6/05/67/62/ac3af6b4.pdf 4 http://www.government.se/sb/d/2707/a/15195 5 http://www.regeringen.se/content/1/c6/05/67/62/ac3af6b4.pdf 6 http://www.regeringen.se/content/1/c6/05/67/62/ac3af6b4.pdf

Annika Bergqvist (anbe0259)

In regards to the economic rights, the making of a work available to the public can happen in four ways. Transmission to the public by radio or tv. Public performance music being played at a club or a play being performed at a theatre/projector. Distribution to the public where copies are being offered for sale, rent or loan. Public display a book in a shop window or a painting at an exhibition. There are however limiations to these rights! This means that copies can be displayed or distributed freely to the public and that the economic rights may be transferred to others7.

3. Describe one exception from copyright, i e fair use/fair dealing situations. Fair use is a collective term that applies to limitations and exclusions in copyright issues. If the use of something that is copyrighted is seen as fair use, then the originators cannot control or limit the use of the work. Fair use allows for example to partake in the copyrighted work to represent, describe or criticize it. This includes using sentences, pictures with lower resolution/cropped image, a piece of music and a sequence from a film/video. This is valuable in the case of the originator trying to stop negative criticism or to help other people make up their mind if they want to buy the work8. Fair dealing is an exception and a limitation to copyright law and is a listing of possible defences against actions of infringement9. Another exception from copyright is for example to make a mp3 copy from a CD that you already own or space shifting as its called. Space shifting is when you reproduce copyrighted content into another format for private and non-commercial use10.

4. Debate question In recent years it has become wildly popular to share photographies with social networking sites such as facebook, instagram, tumblr, pinterest etc. Almost everything is shared online these days, and that includes more and more sharing of photos. But by sharing so much and doing it so easily it is seen that photos that seemingly should be under copyright law is very easily shared on sites such as these. My question is: How does the copyright law apply to these sites? Even with the user agreement and terms and conditions, do these sites make it easier to infringe copyrighted material? Can the site and/or the uploader of the content be held responsible if it defies copyright law?

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http://www.regeringen.se/content/1/c6/05/67/62/ac3af6b4.pdf http://en.wikipedia.org/wiki/Fair_use 9 http://en.wikipedia.org/wiki/Fair_dealing 10 http://en.wikipedia.org/wiki/Space_shifting

Annika Bergqvist (anbe0259)