Ethics of Scientific Conduct Today’s programme Copyright and Authorship • Copyrighted work • •Unique result •Creative element •Natural person • • Expressed in a way that can be percieved Copyright What is copyrighted? •It really depends on the nation •Harmonisation through international treaties •Berne Convention, WIPO Copyright treaties, WTO • WIPO gives examples of what is protected in most countries •literary works (novels, poems, newspaper articles) •computer programs, databases; •films, musical compositions, artistic works, drawings, photographs, •architecture •advertisements, maps, and technical drawings. • Berne convention (mother of all copyright treaties) - 1886 •Minimum standards of protection •works, protection must include "every production in the literary, scientific and artistic domain, whatever the mode or form of its expression“ •National treatment •Each state grants foreign works same treatment as national works •Copyright is the need to require authorisation to „use“ the work •„Use“ is a technical term, has to be defined by law •Positive list of „uses“ that require authorisation • What does it mean to „USE“, (typical examples) Summary International treaties • European framework Authorship Author •Originator – the one who gives existence •Creative input + effort •If two autors reach the same work independently the Copyright belongs to the first in line (usually). •One work cannot have two authors, but can have co-authors Co-Authors VS Collection of works Collection of works (not co-authorship) Rights of an employer/investor Authorship and Plagiarism •Academic and Legal perspective What cannot be copyrighted The fundamental difference Who is the Author? What is Plagiarism? Citation Right to software and computer programs Module 2 Introduction to …… Software http://farm7.staticflickr.com/6154/6170448143_6e8386178c.jpg Computer program Software vs. Program Coding, Programming, Engineering Required Legal tools What does market need? What to protect ? • •IDEA •FUNCTION •GUI •BRAND • • What to protect ? • •IDEA •FUNCTION •GUI •BRAND • • What to protect ? • •IDEA •FUNCTION •GUI •BRAND • • What to protect ? • •IDEA •FUNCTION •GUI •BRAND • iOS 11 iPhone GUI | Facebook Design What to protect ? • •IDEA •FUNCTION •GUI •BRAND • Hra EA PlayStation 4 FIFA 20 (EAP420617) Buy Diablo III: Eternal Collection - Microsoft Store en-CA Main objectives: Software market •How to communicate value in a market? •Further Issues • •Employee-employer relations •Agency agreements • Remuneration of software producers •Incentive • •License fee vs. Salary •Company vs. programmer •Protection of • •Code •Graphic user interface •Idea Legal tools for producers Further questions Software Market Generic copy/Service in cloud/Individual solution Software Products Four Fundamental activities Computer programs Directive (EU) • computer program Architecture of software - law does not make this distinction How is the program protected? Copyright to computer program • What is protected? •YES -the expression of a computer program -Binary Code -Source code - - • •No -Ideas -Principles -Logic, -Algorithms -Programming languages • Author •Originator – the one who gives existence •Creative input + effort •If two autors reach the same work independently the Copyright belongs to the first in line (usually). •One work cannot have two authors, but can have co-authors Original Work? Co-Authors VS Collection of works Cooperation – Who owns the work ?? What is the benefit of the authorship to a program? • Rights for geeks – adapting the computer program to your needs •The unauthorised adaptation is an infringement -Exemption - to achieve the interoperability with other program -Back-up copy is permitted -Right to observe, study or test the functioning of the program - - Decompilation When it is permitted Decompilation is possible when •Right to use a copy program •Needs it for interoperability •It is necessary (not available otherwise) •Not for purposes of creating similar product Exhaustion of rights •The first sale in the Community of a copy of a program by the rightholder … shall exhaust the distribution right within the Community of that copy, •with the exception of the right to control further rental of the program or a copy thereof. • http://whatculture.com/wp-content/uploads/2012/05/UsedGames.jpg CASE LAW • http://ad009cdnb.archdaily.net/wp-content/uploads/2012/04/1333923197-cje-0902-int-gf-12.jpg SAS software - C‑406/10 • SAS software - C‑406/10 •SAS INSTITUTE •developer of analytical software •Base SAS – enables users to write their own programs •WPL •Competitor •Programmed something identical to Base SAS •the same inputs would produce the same outputs •Says it is OK to study programme •Says it is OK to emulate functionality • • Argument of the SAS •WPL did not have the right to acess the source code ! •WPL violated copyrights in manuals •WPL copied certain „components“ if not the whole program Court of justice (SAS software) •to accept that the functionality of a computer program can be protected by copyright would amount to making it possible to monopolise ideas, to the detriment of technological progress • protection covers only the individual expression of the work and thus leaves other authors the desired latitude to create similar or even identical programs provided that they refrain from copying •WPL did not make a decompilation, they reproduced functionality • Conclusion no. 1 •Neither the functionality of a computer program nor the programming language and the format of data files used in a computer program … constitute a form of expression of that program •and •as such, are not protected by copyright in computer programs for the purposes of that directive. CJEU – Licence to explore Discussion •If the functionality is not protected by software (comp. Programme directive), is it protected by something else? Legal protection of data and databases 69 What is the difference Definujte zápatí - název prezentace / pracoviště 70 Define footer – presentation title / department 71 WHO OWNS THE DATA ? IP RIGHTS TO THE DATA Define footer - Name of the presentation / Your name / Unit, Office 72 Database Výřez obrazovky 73 DATABASE – legal definition Definujte zápatí - název prezentace / pracoviště 74 DATABASE AS A COPYRIGHTED WORK What about … Výřez obrazovky 76 Sui generis protection 77 What is protected/rewarded? 78 There are two kinds of databases 79 What do we protect 80 Scope 81 Object of protection 82 Author • •The author of a database shall be the natural person or group of natural persons who created the base or, where the legislation of the Member States so permits, the legal person designated as the rightholder by that legislation. • 83 expression of the DB protectable by COPYRIGHT 84 Co-Authorship 85 In addition, with respect to online materials, protected databases include: (T. Alexander Kley - The European Database Directive In Perspective ) 86 Sui generis Rights •NON original databases 87 Right for the maker of a database which shows that: 88 Content of the right 89 Sui generis right can be exhausted •The first sale of a copy of a database within the Community by the rightholder or with his consent shall exhaust the right to control resale of that copy within the Community; 90 Difference between original and non-original protection • 91 Term of protection 92 Commercialization 93 Computer program associated with the database •Protection under this Directive shall not apply to computer programs used in the making or operation of databases accessible by electronic means. • 94 Trade secret 95 Confidential information 96 Taksk no. 1: what is google search? beach - Hledat Googlem - Google Chrome 97 Výřez obrazovky 98 EXCEPTIONS •The maker of a database which is made available to the public in whatever manner may not prevent a lawful user of the database from extracting and/or reutilizing insubstantial parts of its contents, evaluated qualitatively and/or quantitatively, for any purposes whatsoever. 99 Database and software 100 Questions Module 4 •Sharing your work and building on the works of others How to share information and knowledge Výsledek obrázku pro the cathedral and the bazaar Define footer – presentation title / department 104 •BOTTOM UP The lessons for data-sharing infrastructure •TOP DOWN Define footer – presentation title / department 105 Data sharing design and law Bottom up approach is a challenge Profesor, Matematik, Vědci, Učitel, Rovnice, Analýza Profesor, Matematik, Vědci, Učitel, Rovnice, Analýza Possible outcomes Define footer – presentation title / department 108 ̶ Výsledek obrázku pro first automobile rules england red flag Define footer – presentation title / department 109 Define footer – presentation title / department 110 Main legal issues in data-sharing Right to know (?) and information access Define footer - Name of the presentation / Your name / Unit, Office 111 There are other rights that have to be balanced towards “restrictive rights” Define footer – presentation title / department 112 Define footer – presentation title / department 113 Free software Open software •1. Free Redistribution •2. Source Code •3. Derived Works •4. Integrity of The Author's Source Code •5. No Discrimination Against Persons or Groups 6. No Discrimination Against Fields of Endeavor •7. Distribution of License •8. License Must Not Be Specific to a Product •9. License Must Not Restrict Other Software •10. License Must Be Technology-Neutral •Legal typology • Strongly protective licences – “viral licences” – GNU General Public License • Weakly protective licences – Lesser General Public License (LGPL) • Permissive licences – Author’s crediting – BSD License, MIT License