The protection of copyright pertains to the prevention of all aspects of copyright infringement or violation and the corresponding penalties incurred if illegal copying occurs. Piracy laws fall within the same category as copyright laws.
With the growth and popularity of the Internet, internet piracy laws have gained greater recognition. While not everyone is familiar with the laws, or they are sometimes less formally acknowledged by many users, they carry the same level of stringency. The casual copying of a CD which is then shared between friends, a downloadable DVD or MP3, the inadvertent use of a piece of text are all serious instances of copyright infringement, punishable by law.
The Business Software Alliance cites the law as being based on Article 1, Section 8 of the United States Constitution which states, “The Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited time to Authors and Inventors the exclusive right to their respective Writings and Discoveries.” Title 17 of the U.S. Code defines United States law, based on the above, in order to ensure protection of books, songs, films and other creative works including designs. Computer software is considered a creative work with laws pertaining to licensing rights and protection.
While different laws may apply in different countries, and in some cases no protection exists, there is a worldwide move to create higher awareness and implementation of copyright protection. This is particularly pertinent in the internet domain, where the laws of copyright are the same as any other medium. Thus, whether something has been copied or transmitted in a physical medium or transferred over the Internet, copyright applies and infringement restrictions are enforced as per the country’s laws.
The United Kingdom Intellectual Property office lists copyright as applying to and including original works, websites and Internet, software and databases, theatre, music, photographs, TV, film and design. The same rules apply and thus any material sent over the Internet has equal levels of protection. Should UK copyrighted material be posted on the Web in a country where no piracy laws are enforced, UK laws still apply.
Microsoft defines software piracy as “the mislicensing, unauthorized reproduction and illegal distribution of software, whether for business or personal use”. Certificates of Authenticity have to be checked. The Business Software Alliance stresses the need to familiarize oneself with the law and the restrictions relevant to use of software. Federal Copyright Law prevents the unlawful copying, distributing or installing computer software. In the United States, conviction following Copyright Infringement involves civil and criminal legislation, with a $150,000 payable in damages, and a government jail sentence of up to five years and a $250,000 fine.
Using the Internet to download pirated software is an example of internet piracy, as is advertising and marketing these products. When attempts are made to break through security features to create illegal downloading operations, this is included in anti-piracy laws.
Music has been widely copied on the Internet, often prior to the release of albums and without permission. The same applies to film, with movies appearing simultaneous to current screenings and before the release on legitimate DVDs. Music and film alliances work towards the acknowledgement of copyright violations and piracy laws pertaining to internet usage. Texts, as automatically copyrighted by their authors, may also not be copied without appropriate citations and referencing.
Given the freedom with which material, whether it is software, music, film, texts or other creative works, is freely available and accessible online, it is important to ascertain the legality of such material and the way in which these items may be used. The increased awareness raised by the infringement of copyright laws over the Internet by authors, creators and inventors, constantly highlights the level of vigilance required. Government Intellectual Property offices around the world clarify the copyright and internet piracy laws pertaining to individual countries.
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