digital media & copyright
TRANSCRIPT
Mission
Copyright Law in SA
Digital Media & Copyright
Digital Broadcast Scenarios & Approaches
1 Digital Media (Legal terms)
“Forms of media content that combine and integrate data,
text, sound, and images of all kinds, are stored in digital
formats, and are increasingly distributed through the digital,
networked environment”
2 Digital TV
“operates by means of compressing data digitally which
is then transported to either a set top box (STB) or a television containing a digital decoder
where the images and sounds are decoded”
terrestrial, satellite, cable, mobile,
3 Copyright Law in SA
- SA Copyright Act No. 98/1978 (as amended) & Regulations
- Berne Convention - TRIPS (Agreement on Trade-Related Aspects of IP Rights)
- WIPO Copyright Treaty & - Performances & Phonograms
Treaty
3 Works Protected
Literary, musical and artistic works
Sound recordings
Computer programs
Cinematographic films
Broadcasts
Programme-carrying signals
Published editions
2 Copyright Law in SA
Original & Fixed Form = ©
Limited duration of 50 years*
Holder of CopyrightAuthor/ Creator/ Employer/ Contractor
Work (and rights) may be licensed, assigned, commissioned,
bequeathed,
1
3 Exclusive Rights
Copyright Act grants owners of copyright (authors and other creators of intellectual
property) the right
To Reproduce To make adaptations based on the original work
To broadcast To cause the work to be transmitted in a
diffusion serviceTo distribute copies
To perform To display the work in public.
3 Broadcast
Copyright Act “a telecommunication service of
transmissions…. Which takes place by means of electromagnetic waves of frequencies of lower than 3 000GHz
transmitted in space without an artificial conductor; and, is intended for reception by the public (or sections of the public), and includes the emitting of programme
carrying signals to a satellite ….”
ECA has a more convergent definition
3 Copyright Infringement
Criminal Offence
ExceptionsFair dealing for the purpose of research
or study
Fair dealing for the purpose of criticism or review
Statutory licenses
4 Digital Media & Copyright
Optimal BalanceEfficiency in markets
Enter Digital TechnologiesIncrease ways to consume work
Increase methods to protect workAbility to reproduce and distribute
Economics Question
Copyright Holders
Content Providers
Technology Companies
Consumers
Legal... “Challenges”
5 Copyright Uncertainty (Legislation)
Fair Dealing?
Multiple Copying?Technical process automatically creates
more than 1 copy Digital preservation involves Re-mastering
(new media) and Reformatting (technical changes)
Does not permit adaptations/ conversionswithout prior permission
Permission based but rights holders reluctant to provide permission
5 Copyright Uncertainty(Community)
What intellectual property rights do I have over which
content?
What intellectual property rights do third parties have
over which content?
http://www.boston.com/ae/tv/articles/2009/05/03/to_put_shows_online_the_price_is_rights/
http://www.boston.com/ae/tv/articles/2009/05/03/to_put_shows_online_the_price_is_rights/
Click icon to add picture
http://www.newstatesman.com/scitech/2009/05/pirate-bay-swedish-file-rights
http://www.newstatesman.com/scitech/2009/05/pirate-bay-swedish-file-rights
http://washingtontimes.com/news/2009/may/01/protecting-intellectual-property-digital-age/
Boardroom Conversations
6 Broadcaster’s Rights
Which archived content may be rebroadcast/ published?
How was the content acquired?How will the content be acquired?
First Owner?Assignment, Licensed, Commissioned, Sold?
Rights to adapt?
Audit of Contracts & PoliciesNew contracts – tech neutral
7 Exploitation
Old forms of distribution & accessTheatre, Video (sale & rental), Pay TV,
Free to air TV
New forms of distribution & accessPay per view, Cable, Direct to Consumer
Distribution chain management
8 DRM
WIPODigital Broadcasting Project
Content Protection Copy Management (broadcast flags)/encrypted signals that
prevent/monitor disseminationmany debates & issues of privacy
WCT
9 Needletime
WPPTIssue of Needletime
“...payment of a royalty for the use of a sound recording for public performance or
the remuneration of an actor for a performance on television”
“protects against the removal or alteration of information which may identify the
performer, the performance and the producer and which is necessary for the
management of the rights”
10 Limitation of Liability of
Service Provider Exploitation“service provider who infringes copyright
by for example, storing or transmitting material through a network or system
controlled by them and where the storage or transmission is carried out through “an automatic technical process” and without
selection or modification by the service provider”
11 ECT Act
Limitation of Liability of Service Provider
Cyber Crime Provisions
12 Licensing Framework
How can users use the content that we
broadcast/publish?
Special Requests (Linking, Attribution, Non-Commercial
Use only)
http://www.the33tv.com/kdaf-termsofservice,0,5658766.blurb
12 Copyleft
Copyleft describes a group of licenses applied to works such as software,
documents, and art. Where copyright law is seen by the original proponents of
copyleft as a way to restrict the right to make and redistribute copies of a
particular work, a copyleft license uses copyright law in order to ensure that every
person who receives a copy or derived version of a work, can use, modify, and
altribute both the work, and derived versions of the work. ...
en.wikipedia.org/wiki/Copyleft
13 Terms of Service
Warranty
Limitation of Liability
Indemnification
http://www.youtube.com/t/terms
Pria Chetty
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