Monday, 4 December 2006

BL10: CUFADM02A Posting: Finding / Describing a Copyright, Licensing or Intellectual Property

Questions to be answered to demonstrate skills and knowledge:
  • Describe the Search Strategy you used to research this Case (i.e. What Search Tools did you use? What Search Terms did you use? etc)
  • Provide some Background Information on the Case
  • Outline some Key Features of the Case in relation to Copyright and /or Licensing and/or Intellectual Property
  • If the Case is resolved, what were some of the main consequences for the various parties involved?
Answer:
  • Search Engine: www.bbc.co.uk
  • Search Terms: copyright dispute case
  • Zomba Records had alleged that MP3.com, a unit of the French media giant Vivendi Universal, had infringed its artists' copyright on its MyMP3.com service.
  1. The service allowed users to create a virtual locker of CDs, enabling people to listen to them from any computer.
  2. Zomba claimed that MP3.com did not pay royalties to the artists whose music was involved.
  • The two parties have now settled the dispute and have established a licensing arrangement in order to work together in future, although the terms have yet to be revealed.
  • MP3.com said it was pleased the case with Zomba had been settled, particularly since its stated aim since its buy-out by Vivendi, is to run a legitimate service.
Resourced: http://news.bbc.co.uk/2/hi/entertainment/1519461.stm (4/12/06 14:02)

BL9: CUFADM02A Posting: Useful Websites About Copyright Part 3

Use an Internet Search Engine (or other Search Tool) to find the official websites for the following Organisations/Resources:
1. Australian Law Online
2. IP Australia
3. Part 1: Creative Commons; Part 2: Creative Commons Australia
4. WIPO: World Intellectual Property Organization

Answer:

1. Australian Law Online
2. IP Australia
  • IP Australia - Welcome to the home page of IP Australia, the Australia Government that administers the patents, trademarks, designs...
  • http://www.ipaustralia.gov.au/
  • Australia's economic well-being depends on capturing the benefits of increased innovation and creativity. IP Australia's role is to provide a strong intellectual property system which promotes innovation, investment and trade.

    Generally, IP Australia focuses on ensuring that:

  1. the Australian IP system meets business needs;
  2. the international IP system meets the needs of Australians;
  3. our people work together in an environment where we continually learn in order to succeed; we provide our customers with quality services that meet their needs; and our operations are cost effective.
Website Contents:
  • Patents
  • Trademarks
  • Designs
  • Plant Breeders Rights
Resourced: http://www.ipaustralia.gov.au/ (4/12/06 13:32)

Part one: Creative Commons:
Website Contents: ExploreThe Commons Resourced: http://creativecommons.org/(4/12/06 13:38)

Part 2: Creative Commons Australia
  • Creative Commons Australia
  • http://www.creativecommons.org.au/
  • CCau is the Australian derivative project of the Creative Commons project in the United States of America. We are porting the Creative Commons licences into Australian domestic law and fostering a creative community premised on re mixable creativity. Hosted at Queensland University of Technology in Brisbane, CCau is devoted to the promotion of Creative Commons in Australia.
Website Contents:
Resourced: http://www.creativecommons.org.au/ (4/12/06 13:41)

WIPO: World Intellectual Property Organization
  • World Intellectual Property Organization
  • http://www.wipo.int/portal/index.html.en
  • The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland.
Website Contents:
  • About WIPO
  • IP Services
  • Program Activities
  • Resources
  • News and Events
Resourced: http://www.wipo.int/portal/index.html.en (4/12/06 13:46)

BL8: CUFADM02A Posting: Useful Websites About Copyright Part 2

Use an Internet Search Engine (or other Search Tool) to find the official websites for the following Organisations/Resources:

1. Australasian Performing Right Association (APRA)
2. Screenrights (Formerly - The Audio Visual Copyright Society)

Answer:

A.P.R.A.
  • APRA Official website - http://www.apra.com.au/
  • APRA - For Composers Authors & Publishers of Music
  • Since 1926 APRA (the Australasian Performing Right Association) has been making life a little easier for songwriters, composers.and music users. Australian copyright law makes songwriters and composers the exclusive owners of their original music and lyrics. Nobody else can use their work without getting their permission first, and if necessary, paying a royalty for this use. This is where APRA steps in. APRA is a not-for-profit organisation that collects royalties on behalf of its 44,000+ members, and by agreement, for all the copyright owners around the world.
  • Content Info on Writers, Publishers and Music Users
  • Writers:

    Writers News

    All About Royalties

    APRA Events

    Film & TV

    Member Card Benefits

    Member Publications

    Supporting the Arts

    Forms & Guidelines

    FAQ

    Bulletin Boards

Screenrights:

  • Screenrights Official website - http://www.screen.org/
  • Screenrights - The Audio Visual Copyright Society

  • Helping educators copy from TV for teaching.
    Paying filmmakers for this use of their work.

    Screenrights was set up in 1990 to administer provisions in the Copyright Act that let schools, TAFEs and universities copy from TV and radio for teaching, provided they pay a fee. We monitor copying, collect royalties and distribute this money to our members on a non-profit basis. Screenrights’ educational copying licences now give more than 10,000 Australian and New Zealand educational institutions access to this valuable resource. They also bring in more than $20 million a year for distribution to the filmmakers who make the programs educators copy.

    Because our educational service is valuable to our members and to educators, we developed an online portal of resources, www.enhancetv.com.au that brings both these sectors together. Enhancetv lets educators know about upcoming programs relevant to them, and helps filmmakers improve their reach into this market for free. Visit enhancetv now and find out more.

    Screenrights International

    Screenrights also offers other royalty collection services for our members – including an international service for collecting royalties held by other overseas societies and an Australian retransmission service. Register once with us and you can maximise your royalties in Australia and overseas.

    • Website Contents
    • Film and TV users
    • Film and TV industry
    • Screenrights
  • Resourced from official sites:
  • www.apra.com.au (4/12/06 13:08)
  • www.screen.org (4/12/06 13:15)

Wednesday, 29 November 2006

BL6: CUFADM02A Posting: “Piracy, Consumers And The Digital Age” Podcast

QUESTION 1: Provide details about the Program Presenter, Story Researcher / Producer, and the four Guests.

Answer:
  • Presenter
    Paul Barclay

  • Story Researcher and Producer
    Julie Browning

  • Guests
    The Hon Philip Ruddock MP
    Federal Attorney General
    Dr Melissa deZwart
    Law School
    Monash University
    Dr Matthew Rimmer
    College of Law
    ANU
    Dr David Brennan
    Melbourne Law School
    University of Melbourne

QUESTION 2: The four Guests on the program discussed a range of key issues relating to the Copyright Amendment Bill 2006. Provide an overview of FOUR DIFFERENT KEY ISSUES discussed by the GUEST SPEAKERS (Give each issue your own Title; Suggested length for EACH ISSUE is one paragraph or series of dot points).

Answer:

The Hon Philip Ruddock MP

  • 02.50 - 09.45
  • Talks about why we have copyright
  • Free trade agreement (extending periods, obligations to protect technical measures)
  • Courts fair use arrangements and what needs to be included for the future of media
Replies to Callers:
  • Sally - addressed the issues of balance between private use and illegal distribution
  • Ruddack said he will look at the draft before passing the bill
Dr Matthew Rimmer
  • 10.15 - 12.45
  • Concerns from Apple and Google (no fair use)
Replies to Callers:
  • Discussed that the Australian government looked at the US laws and tried to make a balance between US laws and Australian Laws on copyright
Dr David Brennan

Replies to Callers:
  • Payment of use and other ways of getting royalties back for the distributor and artist
  • Free-to-Air advertising is one example of payment

Dr Melissa deZwart

Replies to Callers:
  • Addresses the problems in which the legislation has been drafted. There are lots of grey areas which the drafts needs to consider
  • Need time to fix the legislation draft

QUESTION 3: Provide an overview of FOUR DIFFERENT ISSUES raised by LISTENERS RINGING INTO THE PROGRAM – the listeners included copyright creators / owners, as well as consumers or users of creative works (Give each issue your own Title; Suggested length for EACH ISSUE is one paragraph or series of dot points). Note: If some or all of the issues for Questions 2 and 3 are the same … your summaries should present a range of viewpoints.

Answer:

Caller 1:
  • 13.15 - 14.30
  • Sally from Lismore
  • Legislation says you can only have one copy at a time for fair use
Caller 2:
  • 14.35 - 15.50
  • Josh in Sydney
  • Record company figures at highest ever
  • People becoming their own distributors via file sharing
Caller 3:
  • 15.55 - 17.20
  • Kevin in Moowollemba
  • Should abolish copyright
  • A fair days pay for a fair days work
Caller 4:
  • 17.25 - 18.30
  • Arthur in Canberra
  • Holding copyright on material you can't buy
  • 70 years after the composers death
  • If the material is not available how to can justify holding copyright on material you can't buy
  • People won't sell copyright so people obtain it illegally

QUESTION 4: ABC Radio National has a website that provides access to all of their MP3 audio and Podcast services. Provide the Website Title and Website of Address for this service.

Answer:
  • Radio National: Audio Downloads: Pod casting and MP3s
  • http://www.abc.net.au/rn/podcast/default.htm

BL5: CUFADM02A Posting: Useful Websites About Copyright Part 1

BL5 Task: Use an Internet Search Engine (or other Search Tool) to find the official websites for the following Organisations/Resources:
1. Australian Copyright Council
2. Arts Law Centre of Australia

For each of the Organisations/Resources listed above, make sure to include the following details:
  • Organisation/Resource Name (as listed above – each Organisation/Resource can be a bolded heading):
  • Website Title:
  • Website Address:
  • Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):
  • Brief Overview of the Website Contents
Question 1: Australian Copyright Council
  • Australian Copyright Council's Online Information Centre
  • http://www.copyright.org.au/
  • The Australian Copyright Council is an independent not for profit organisation.They provide information, advice and training about copyright in Australia. You'll find a lot of information about copyright in Australia on their website, including many information sheets. Their publications include practical guides and discussion papers. They also do research, and make submissions on copyright policy issues. Resource: http://www.copyright.org.au/ - reviewed 29/11/06 22:30
Brief Overview of the Website Contents:
1. Copyright basics
2. Introductory information sheets
3. No government registration of copyrights in Australia
4. Special interest areas

5. All information sheets in alphabetical order
6. How to search on our site

7. Getting help with a copyright problem


Question 2: Arts Law Centre of Australia
  • The Arts Law Centre of Australia Online
  • http://www.artslaw.com.au/
  • The Arts Law Centre of Australia is the national community legal centre for the arts. Arts Law is a not for profit company limited by guarantee which was established with the support of the Australia Council in 1983 to provide specialised legal and business advice and referral services, professional development resources and advocacy for artists and arts organisations.
  • Arts Law gives preliminary advice and information to artists and arts organisations across all artforms on a wide range of arts related legal and business matters including contracts, copyright, business names and structures, defamation, insurance and employment.
  • Website Contents:
  1. Legal Services
  2. Legal Information
  3. Sample Contracts
  4. Publications
  5. Policy & Research
  6. Subscriptions
  7. Indigenous
  8. Events
Resource: http://www.artslaw.com.au/default.asp - Reviewed 29/11/06 23:00

BL4: CUFADM02A Posting: “Da Vinci Code”

QUESTION 1: Background Information - “The Holy Blood and the Holy Grail”: Find an Editorial Review of “The Holy Blood and the Holy Grail” on the Internet – Read the review, then copy / paste the review in your Question 1 answer. Make sure you include the Website details of the Editorial Review.

Answer:
Michael Baigent, Henry Lincoln, and Richard Leigh, authors of The Messianic Legacy, spent over 10 years on their own kind of quest for the Holy Grail, into the secretive history of early France. What they found, researched with the tenacity and attention to detail that befits any great quest, is a tangled and intricate story of politics and faith that reads like a mystery novel. It is the story of the Knights Templar, and a behind-the-scenes society called the Prieure de Sion, and its involvement in reinstating descendants of the Merovingian bloodline into political power. Why? The authors of Holy Blood, Holy Grail assert that their explorations into early history ultimately reveal that Jesus may not have died on the cross, but lived to marry and father children whose bloodline continues today. The authors' point here is not to compromise or to demean Jesus, but to offer another, more complete perspective of Jesus as God's incarnation in man. The power of this secret, which has been carefully guarded for hundreds of years, has sparked much controversy. For all the sensationalism and hoopla surrounding Holy Blood, Holy Grail and the alternate history that it outlines, the authors are careful to keep their perspective and sense of skepticism alive in its pages, explaining carefully and clearly how they came to draw such combustible conclusions. --Jodie Buller
Resource: http://www.amazon.com/Holy-Blood-Grail-Michael-Baigent/dp/0440136482 - Reviewed 29/11/06 22:00

QUESTION 2: Background Information - “The Da Vinci Code”: Find an Editorial Review of “The Da Vinci Code” on the Internet – Read the review, then copy / paste the review in your Question 2 answer. Make sure you include the Website details of the Editorial Review.

Answer:
With The Da Vinci Code, Dan Brown masterfully concocts an intelligent and lucid thriller that marries the gusto of an international murder mystery with a collection of fascinating esoteria culled from 2,000 years of Western history. A murder in the silent after-hour halls of the Louvre museum reveals a sinister plot to uncover a secret that has been protected by a clandestine society since the days of Christ. The victim is a high-ranking agent of this ancient society who, in the moments before his death, manages to leave gruesome clues at the scene that only his granddaughter, noted cryptographer Sophie Neveu, and Robert Langdon, a famed symbologist, can untangle. The duo become both suspects and detectives searching for not only Neveu's grandfather's murderer but also the stunning secret of the ages he was charged to protect. Mere steps ahead of the authorities and the deadly competition, the mystery leads Neveu and Langdon on a breathless flight through France, England, and history itself. Brown (Angels and Demons) has created a page-turning thriller that also provides an amazing interpretation of Western history. Brown's hero and heroine embark on a lofty and intriguing exploration of some of Western culture's greatest mysteries--from the nature of the Mona Lisa's smile to the secret of the Holy Grail. Though some will quibble with the veracity of Brown's conjectures, therein lies the fun. The Da Vinci Code is an enthralling read that provides rich food for thought. --Jeremy Pugh
Resource: http://www.amazon.com/Da-Vinci-Code-Dan-Brown/dp/0385504209/sr=1-1/qid=1164802990/ref=pd_bbs_1/104-0624290-8127165?ie=UTF8&s=books

QUESTION 3: Research this case and write a summary in your own words outlining:
  • The initial claim and demands by Michael Baigent and Richard Leighli>
  • Some key features of the case in relation to Copyright and Intellectual Property issues
  • The final court ruling, key issues supporting the court’s ruling, and consequences for the various parties involved.
Answer:
The claim stated that Dan Brown copied from a book written by Baigent and Leigh. Dan Brown did indeed research from this book however the UK copyright laws did not cover it that way. Research could have also come from other sources than from Baigent and Leigh, therefore the claim was dismissed on grounds of reasonable research and freedom of literacy.

QUESTION 4: Why was Sony (in its capacity as a Film company) so interested in the outcome of the case? Make sure to include any Website details used to help you answer this question.

Answer:
Sony could have be liable and open for legal action should they release a film based on fraudulent writing. A quote from Sony was;

"While we were not a party to this lawsuit, we are pleased by this result and as we've been saying all along we are proceeding with our plans for the release of the film on 19 May."

Resource: http://news.bbc.co.uk/2/hi/entertainment/4888496.stm - reviewed 29/11/06 22:15

QUESTION 5: On 07-April-2006, Jon Silverman, a legal affairs analyst for BBC News, discussed the impact of the case in relation to creative works. On the BBC News (International Version) website, find Silverman’s article – ‘No surprise’ in Da Vinci judgement. Outline the key issues raised by Silverman in relation.

Answer:
  • Since there is no copyright in an idea, any claim for breach of copyright must rest on the way that the idea is expressed.
  • The judge himself acknowledged that nothing in the plaintiffs' case would have stultified creative endeavour or extended the boundaries of copyright protection.
  • Frankly, the only hope for the plaintiffs in the Da Vinci case would have been to produce a detailed schedule showing on which pages of Dan Brown's book their ideas, language and structure had been plagiarised.
  • Under the Copyright, Designs and Patents Act 1988, the creators of literary, dramatic, musical and artistic works enjoy protection for original work if they can establish " a degree of labour, skill or judgement" in producing it.
  • That formula is crucial. The courts have denied protection to certain works, including some advertising slogans.
  • Once a work has been created, it will automatically be protected by copyright. No formal steps, such as registering it, need to be taken. Copyright in a literary work generally lasts for 70 years after the last remaining author of the work dies.
Resource: http://news.bbc.co.uk/2/hi/entertainment/4888954.stm - Reviewed 29/11/06 22:30

BL3: CUFADM02A Posting: “Finding Nemo”

QUESTION 1: What is the Website Address for BBC News?
Answer: http://news.bbc.co.uk/

QUESTION 2: After performing your Search, how many postings did your find?
Answer: 8 Postings

QUESTION 3: List the Title and Date of each Posting (in ascending date order i.e. from oldest to most recent)
Answer:

News - Disney sued in France over Nemo 24 Dec 2003

News - Finding Nemo case delayed 29 Jan 2004

News - Finding Nemo 'copy' case begins 24 Feb 2004

Newsround - Frenchman claims he invented Nemo 25 Feb 2004

News - French author loses Nemo battle 12 Mar 2004

Newsround - Writer loses court claim for Nemo 13 Mar 2004

News - Frenchman loses Nemo copy claim 20 Apr 2005

Newsround - Children's author loses Nemo case 21 Apr 2005

QUESTION 4: After reading the postings in date order, write a summary in your own words outlining:
  • The initial claim and demands by Franck Le Calvez
  • Some key features of the case in relation to the claim of Copyright and Trademark Infringement
  • The final court ruling, key issues supporting the courts ruling, and consequences for the various parties involved.
Answer:
The claim in question was to sue Disney/Pixar for copyright infringements on a character supposedly created years before "Finding Nemo". French writer Franck Le Calvez to action against Disney/Pixar saying they stole his idea and character. He claimed that his character was created 5 years before Disney/Pixar's character and he registered it with French copyright. He produced a book in 2002 just as "Finding Nemo" was in production. The judge ruled that there were not enough similarities between the characters to find for the plaintiff Disney /Pixar investigated and brought there own claim against Mr. Le Calvez, thus winning the case on grounds that footage had leaked out in France which Mr. Le Calvez may have had access too. Mr. Le Calvez was found guilty and incurred a heavy fine.

Resource: http://news.bbc.co.uk/ - reviewed 29/11/06 21:45
http://search.bbc.co.uk/cgi-bin/search/results.pl?scope=all&edition=i&q=Franck+Le+Calvez&go.x=29&go.y=9&go=go