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  [essays and dissertation][Law][Intellectual Property Law]Topics 2 and 3: Intellectual Property legal liability and liability of Information Location Tools论文



论文编号: org200806160910481316
论文属性: assignment guidelines
论文语言:English
论文国家:U.K.
登出日期: 2008-06-16  
字数: 2244
源程序: 无
价格: 免费论文
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关键词搜索:Intellectual Property legal liability    liability   Information Location Tools   
 
porting current events.
Publication in a newspaper, magazine or similar periodical, or an encyclopaedia, dictionary, yearbook or other collective work of reference
A literary, dramatic, musical or artistic work made for the purposes of such publication or made available with the consent of the author for the purposes of such publication.
Section 84 - False attribution of work.


Secondary infringement
Distribution of infringing copies is prohibited according to sections 22 and 23 of the 1988 Act. Section 24(1) provides that it is an offence to provide the means for making infringing copies of performances. This offence includes the transmission of works without permission through a telecommunications system and thus extends to the internet, peer-to-peer websites and mobile phone networks.


Technological protection measures
Digitisation and media convergence pose an infinitely greater risk to copyright owners than any other development in the history of intellectual property. Reliance upon copyright law will not be enough to prevent violations since the number of violators is potentially unlimited. Examples of technological protection measures include encryption of digital content services, content scrambling systems, biodegradable physical hardware such as DVDs and digital management systems. The move to digitisation is characterised by an increased risk of private unauthorised copying.
The perceived benefits of technological protection are a英语论文网 【http://www.51lunwen.org】s follows;


Greater diversification in the mode of delivery
Atomisation of digital content, that is consumers can purchase one song or one chapter of a book.
Lower prices through the delivery of bespoke material that can only be used once


Circumvention of technological protection devices ismnow a criminal offence in the UK.  Facilitating circumvention gives rise to both civil and criminal liability. The reason for this additional liability is clear. Inadvertent, small scale copying is one thing. Large-scale, commercial unauthorised copying is of a greater magnitude. The proliferation of circumvention tools will fuel a rise in illegal activity. It is an offence for a person to make, hire, sale, distribute in the course of a business a device primarily designed to circumvent technological protection measures or otherwise prejudicially affect the copyright owner’s rights through the use of such devices.
There are two main types of technological control:
Access controls
Copy controls


Sections 296ZA-ZF of the 1988 Act applies to copyrighted material other than computer programs. These provisions apply to both access controls and copy controls. In a similar fashion to the distinction between primary and secondary infringement, the offences in relation to technological protection measures also subdivide into provisions against circumvention and provisions against the facilitation of circumvention.  
Section 296ZA creates a ci 本文来自:英语论文网 【http://www.51lunwen.org】

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