Computer Software Protection - 12/11/02 10:03 PM
A lot of people are confused about who has the rights of the "original" work. This is for Computer Software only! Please don't get it confused with Computer Websites.
The following hopefully clears up some stuff...
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---TERMS OF PROTECTION---
Copyright arises automatically and does not require registration to award protection. According to s17(2), the term of protection is the life of the author plus 50 years.
---Right Of The Computer Programme Copyright Owner---
For there to be a valid contract, there must be:
1. copy the programme
2. issue copies to the public
3. rent copies to the public
4. make available copies to the public
5. perform the programme in public
6. make an adaptation
7. do any of the above in relation to an adaptation
Doing, or authorizing another to do, any restricted act without licence constitutes primary infringements for which ignorance is no defence.
---Special Exemptions for the Lawful User of a Computer Programme---
An otherwise valid contract may be rendered void or voidable in the following situations:
1. back-up which is necessary for his lawful use.
2. copying or adapting which is necessary for his lawful use.
3. copying or adapting for correcting errors in the programme.
---Secondary Infringement---
Commercial dealings with copies knowing, or having reasons to believe, that the copies are infringing. Knowledge required is actual knowledge or notice of facts such as would suggest to a reasonable man that a breach of copyright was being committed. In addition to civil liabilities, most secondary infringements have criminal liabilities.
---Infringing Copies---
Generally, a copy is infringing if its making constituted an infringement. Please contact a local contract lawyer for information.
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Please not that this means, it works all over the world. It might not, so please contact a local contract lawyer within your state/province. I'm not responsible for any mistakes that might happen.
The following hopefully clears up some stuff...
--------------------------------------------------
---TERMS OF PROTECTION---
Copyright arises automatically and does not require registration to award protection. According to s17(2), the term of protection is the life of the author plus 50 years.
---Right Of The Computer Programme Copyright Owner---
For there to be a valid contract, there must be:
1. copy the programme
2. issue copies to the public
3. rent copies to the public
4. make available copies to the public
5. perform the programme in public
6. make an adaptation
7. do any of the above in relation to an adaptation
Doing, or authorizing another to do, any restricted act without licence constitutes primary infringements for which ignorance is no defence.
---Special Exemptions for the Lawful User of a Computer Programme---
An otherwise valid contract may be rendered void or voidable in the following situations:
1. back-up which is necessary for his lawful use.
2. copying or adapting which is necessary for his lawful use.
3. copying or adapting for correcting errors in the programme.
---Secondary Infringement---
Commercial dealings with copies knowing, or having reasons to believe, that the copies are infringing. Knowledge required is actual knowledge or notice of facts such as would suggest to a reasonable man that a breach of copyright was being committed. In addition to civil liabilities, most secondary infringements have criminal liabilities.
---Infringing Copies---
Generally, a copy is infringing if its making constituted an infringement. Please contact a local contract lawyer for information.
--------------------------------------------------
Please not that this means, it works all over the world. It might not, so please contact a local contract lawyer within your state/province. I'm not responsible for any mistakes that might happen.