Part A: Branches of Government and Historical Background

Description

Key facts about Copyright and patents.
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Rhianna Stephens
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Resource summary

Part A: Branches of Government and Historical Background
  1. Parliamentary Supremacy & Relationship of Common Law and Statute
    1. Statute Law: The law which Parliament makes in the form of statutes. Most of the social and economic changes which reflect into our legal system come by way of new legislation or changes in existing legislation.

      Annotations:

      • Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property
      1. Common Law: The body of law which has been built up by the decisions of the Courts over many years
        1. Parliamentary Supremacy means statues are superior law and prevail over case law.
          1. Judicial Precedent: Lower courts are bound to follow the decisions of those Courts above them in the hierarchy of Courts.
            1. The Constitution Act 1986
            2. The Annexation of Aoteroa

              Annotations:

              • Limitations imposed by copyright When you buy software, for example, copyright law forbids you from: giving a copy to a friendmaking a copy and then selling itusing the software on a network (unless the licence allows it)renting the software without the permission of the copyright holder
                    1. Annotations:

                      • Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters and articles etc.
                      1. Annotations:

                        • Plays, dance, etc.
                        1. Annotations:

                          • Recordings and score.
                          1. Annotations:

                            • Photography, painting, architecture, technical drawings/diagrams, maps, logos, etc.
                            1. Annotations:

                              • Magazines, periodicals, etc.
                              1. Annotations:

                                • May be recordings of works, e.g. musical and literary.
                                1. Annotations:

                                  • Broadcasts and cable programmes.
                                  1. Courts and Juries
                                    1. Copyright also covers the content on websites
                                      1. copyright information often shown in the 'conditions of use' or 'copyright statement'
                                        1. Copyright statements might be attached as a footnote to electronically stored materials and school web pages.

                                          Annotations:

                                          • The vast majority of websites have a copyright notice in the footer. Most designers do this as routine on all websites they design.
                                        2. Parliament and the Enactment of Law

                                          Annotations:

                                          • Prevention of software piracy Software companies take many steps to stop software piracy: An agreement between the company that developed the software and the user must be agreed before the software is installed. This is called the license agreement and covers copyright.Certain pieces of software require a unique licence key to be entered before the installation will continue.Some applications or programs will only run if the media (CD / DVD) is in the drive. Some applications or programs will only run if a special piece of hardware called a dongle is plugged into the back of the computer.
                                          1. involves the illegal copying of computer software.
                                            1. Individuals borrowing CDs or software and putting it on their own computer
                                              1. Professional criminals making copies in bulk and selling them through illegal outlets
                                              2. End User License Agreement (EULA)
                                                1. Purchaser does not 'own' the software but has purchased the right to use it
                                                  1. Single User
                                                    1. can only be loaded onto one machine
                                                    2. Multi User
                                                      1. bought for a certain number of users
                                                      2. Site license
                                                        1. bought for everyone on that that site or in an office to use the software.
                                                    3. Declaration of Independence (1835) and The Treaty of Waitangi (1840)
                                                        1. Annotations:

                                                          • Infringement of copyright is actionable by the copyright owner as the infringement of a property right (s. 96) or, in the case of infringement of moral rights, as the tort of breach of statutory duty (s. 103).
                                                          1. Annotations:

                                                            • In general, copying for educational use (including examination) is permitted so long as it is performed by the person giving or receiving instruction (s. 32) or by the education establishment in the case of a broadcast (s. 35)[16]: however, reprographic copying is only permitted within the limit of 1% of the work per three-month period (s. 36). Works may be performed in educational establishments without infringing copyright, provided that no members of the public are present (s. 34): the parents of pupils are considered members of the public unless they have some other connection with the establishment (e.g., by being teachers or governors). Further provisions are contained in secondary legislation.
                                                              1. Annotations:

                                                                • The Act simplifies the regime of Crown copyright, that is the copyright in works of the United Kingdom government, and abolishes the perpetual Crown copyright in unpublished works of the Crown. It also creates the separate concept of Parliamentary copyright for the works of the Parliament of the United Kingdom and the Scottish Parliament, and applies similar rules to the copyrights of certain international organisations.
                                                                  1. Executive v Judiciary: Fitzgerald v Muldoon
                                                                    1. Public Interest in Private Bodies: Finnigan v New Zealand
                                                                      1. The Impact of Colonial Legislation on Maori
                                                                        1. Judicial Decisions on the Status of ToW
                                                                          1. Parliament, Courts & The Treaty of Waitangi. Sealord Case
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