DTU CL Unit 2

2.1 Copyright

-> form of Intellectual Property (IP) Protection that grants the creator of original works exclusive rights to its (use and distribution), typically for a limited time

Key Components of Copyright

1. It must be Original work
2. It should be Fixed in a Tangible Medium (written, recorded, filmed, stored)

Exclusive Rights Granted by Copy right

1. Reproduction of Rights - makes copies of their work
2. Distribution of Rights - Right to sell or distribute
3. Adaptation Right - Right to modify or Create derivative works
4. Public Performance and Display Rights - right to display or perform the work in public

Duration of Copyright

• Varies by jurisdictions
• but creator’s lifetime + certain no. of years (70 years in many countries, including U.S)
• After this period, works enter the public domain, where it can be freely used without permission.

Source of Risks in Copyright Protection

1. Digital Piracy - Pirates copy and distribute copyrighted works without permission or compensating creator (often through illegal websites and torrent platform or other unauthorized channels)
2. Internet Infringement - Ease with which content can be (uploaded and shared)

Example -

• Software Piracy - Unlicensed copying and distribution of software
• Music/Video Piracy - illegal downloading of music and movies

DRM & DMCA

• Copyright holders and regulatory bodies use measures like
  • DRM,
  • Copyright infringement lawsuits
  • Takedown notices under DMCA-US

DRM - Digital Right Management DMCA - Digital Millennium Copyright Act (DMCA)

Fair use Doctrine

1. Criticism and Commentary - reviews small portions of the work
2. Parody - fair use, like to offer social commentary or humor
3. News Reporting - small portion to report on current events
4. Teaching and Research - limited portion for educational and research purposes

Fair Use is Judged base on Several Factors

1. Purpose and Character - Commercial or educational
2. Nature of copyright work
3. Amount and substantiality of the portion used
4. Effect of use on the market value of Copyright work

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2.2 Postings and Criminal Liability

Posting -> act of uploading, sharing or distributing content online

Digital Millennium Copyright Act (DMCA)

1. DMCA (in US) - Protect copyrighted works in digital age.
2. Prevent bypassing of DRM systems.
3. Safe Harbor for Online Platform - Protects platforms (YouTube) from liability.
4. Takedown Requests
5. Policies by platform to Terminate Repeat Infringer accounts (failing to do so platform will liable for user-uploaded content)

International Copyright Protection

• Treaties Like the ‘Berne Convention’ help harmonize copyright laws across member countries.
• ensuring creators rights are respected globally

-> Netflix and Spotify have revolutionized How copyright material consumed and Distributed.

Recent Challenges in Copyright Law

1. Digital Content Streaming: Rise of Other Illegal streaming services has Posed challenges in enforcing copyright laws
2. Artificial Intelligence: Aho owns the copyright of Ai system generated content (music, text, artwork), creator of AI, user or AI itself?

Types of Copyright Infringement in Posting

1. Direct Infringement - uploads or share (c) without permission (ex: pirates)
2. Contributory Infringement - knowingly facilitating and contributing in (c) Infringement (ex: torrent site)
3. Vicarious Infringement - entity benefiting financially from (c) infringement conducted by others and has the ability to control the activity. (ex: illegal hosting website profits from ads)

Levels of legal Action:

1. Takedown Requests (For Platform) - Platform are required to remove infringing content when notified by copyright holder
2. Criminal Prosecution (For Users) - Law targeting repeated Infringer Continued unauthorized distribution

Criminal Liability

1. Civil Liability : (c) holder Seeking Compensation for losses or damages
   • Remedies includes (monetary damages, seizure of infringing goods, injunctions to prevent further infringement)
2. Criminal Liability : When (c) Infringement is severe enough (like large-scale piracy or commercial distribution) to Warrant government prosecution
   • Criminal Penalties including heavy fines and imprisonment.

Conditions for Criminal Liabilities

1. Commercial gain.
2. Knowingly commits
3. financial harms to (c) holder

Example of Criminal Liability

1. Large-scale reproduction and sale of pirated DVDs, Software or Music CDs
2. Unauthorized streaming services - TV shows, movies or live events
3. Hacking into subscription-based services (such as Netflix, Spotify or academic journals) and distributing their content for free

Criminal Penalties for (c) Infringement

1. Fines - face significant fines, ranges from (thousand to million dollars) depending on scale
2. Imprisonment - Willful infringers sentenced to prison (in US 5 year prison) more for repeated
3. Asset Seizure - counterfeit DVDs, computers or servers used in infringing, Seized by law enforcement

Example of Criminal Copyright Law:

1. USA : Title 17, Section 506 of the U.S. Code - Outlines what constitutes criminal infringement

   • Willful infringement - for commercial advantage or private financial gain with total retail value over $1000
   • First-Time Offender - 5 year prison and $250,000
   • Repeated offender - longer prison and higher fines

2. India: Copyright Act of 1967 - penalties can result in up to 3 year imprisonment and fines ranging from (Rs. 50,000 - Rs200,000). for repeater more sever and higher penalty

3. European Union: European copyright Directive and National Laws - provide both civil and criminal penalties depending on the severity and commercial impact

#casestudy

Case Study : of Criminal Prosecution for Unauthorized Streaming

• High-profile case
• Involved operators of Megaupload (a file-sharing site)
• U.S. Government pursued criminal charges against the founder
• Accused for copyright infringement and conspiracy to commit money laundering
• Faced decades in prison and million dollars fines

Preventive Measures to Avoid Criminal Liability

• For Users:
  • Understanding Copyright Laws
  • Using Licensed Content
• For Platforms:
  • Responding to Takedown Request
  • Implementing Content filters

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2.4 Trademarks

-> recognizable (sign, design, symbol, or expression) to identifies and distinguishes the products or service of a particular source from others.

Types of Trademarks Distinguish:

1. Logos/Symbols - Apple Logo
2. Brand Name/Word/ Phrases - Nike
3. Slogan - Just Do it
4. Shapes and Packaging - Coco-cola

Types of Trademarks:

1. Product Marks - Identity of a product
2. Service Mark- identity of service
3. Collective Marks - Group or association to indicate membership
4. Certification Marks - certify product for certain standards (ex: ISO certifications )
5. Trade Dress - Appearance or packaging

Trademark Protection in Cyber Law

Key Aspects of Trademark Protection in Digital Age

1. Cybersquatting - registering a domain name identical or confusingly similar to a well-known brands trademark (with intent to sell the domain to the trademark owner for a profit)

   • this practice is illegal under ACPA in US and similar law in other countries
   • Ex : In 2000, WIPO ruled in favor of Microsoft, where domain name ‘mikerowesoft.com’ registered by an Individual Mike Row

2. Domain Name Disputes - Registers a domain name that infringes on a registered trademark.

   • Owner may file complaint with ICANN through UDRP process to reclaim the domain.
   • Ex: bentley.com was once registered by a small business in Texas. Luxury car manufacturer Bentley Motors claimed it violated their trademark and eventually domain handed over to Bentley motors.

3. Trademark Infringement in Online Advertisement -

   • Keyword advertising - using competitor’s trademark in online advertising to divert traffic.
   • Metatags - using competitor’s trademarks in metatags to attract search engine traffic

4. Online Trademark Dilution -

   • Blurring - When distinctiveness of a famous mark is weakened (using ‘Apple’ for furniture)
   • Tarnishment - Associating famous mark in inferior or inappropriate products, potentially demaging the brand’s reputation

Law / Act for Trademark

• Trademark dilution is actionable under the Federal Trademark Dilution Act in US and other similar laws globally

**Key Aspects of Trademarks Protection in Social Media **

1. Username Squatting - entity may register username identical to well-know trademarks
2. Infringement in User-Generated Contents - counterfeit goods or unauthorized use of logos
3. Hashtag Hijacking - unauthorized use or negative publicity through hashtags hijacking by third parties.

Legal Steps to Protect trademarks

1. Trademark Registration - registering trademark with
   • national trademark office (USPTO in US, Trade Marks Registry in India) provides legal protection and enforce rights.
   • International Protection can be obtained through Madrid System under WIP
2. Monitoring - Actively monitoring the Internet for possible infringements
3. Enforcement Actions -
   • Cease and Desist Letters - Owners can send a cease-and-desist letter to stop using their trademark
   • Litigation - in serious infringement, business can file lawsuits to (enforce their trademark rights and seeks damages)
   • UDRP Complaints - in domain name dispute, trademark owner can file complaints with ICANN to recover domain names.
4. Takedown Notices - Report and request the removal of infringing content

International Trademark Treaties ⭐

1. Paris Convention for the Protection of Industrial Property - Establish standards for Protecting Industrial Property (including trademarks)
2. Madrid Protocol - Provide system to register trademarks internationally through a single application filed with WIPO

Notable Cases of Trademark Infringement

1. Google Adwords and Louis Vuitton -
   • Louis Vuitton sued Google for allowing competitors to use its trademark for Online advertisement. European court of justice ruled that google was not liable for trademark infringement (as long as they not mislead consumers)
2. Facebook vs Teachbook -
   • Facebook sued Teachbook. using arguing term “book”. violated Facebook’s trademark.
3. Red bull vs Red Register -
   • 2019, Red bull challenged domain name registrant, who registered a series of domain names containing word “red”

ICANN - Internet corporation for Assigned Names and Numbers WIPO - World Intellectual Property Organisation UDPR - Uniform Domain-Name Dispute Resolution Policy ACPA - Anticybersquatting Consumer Protection Act - U.S.