Two Examples of Disinforamtion in the Eastern Bloc
In the USSR manipulation of the population was one of the big tasks for the government. But manipulation got even further, for example when the English expert John Maynard came back from a visit in the Ukraine in 1933, he told about poverty but not about hunger. In fact he did not have seen anyone starving as the Soviets just showed him the things they wanted to show. Maynard was involuntarily used to spread Soviet disinformation. As a person from the West, the Western media tended to believe him.
A nearly humorous variety of disinformation was ordered by Nicolae Ceausescu in the 1980s. It was a very cold winter and too little heating material was available. Therefore Ceausescu made a law that TV-forecasts-weather-forecasts were not allowed to talk about temperatures below 15° Celsius. Like this he hoped to keep the population quiet.
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Basics: Introduction
Copyright law is a branch of intellectual property law and deals with the rights of intellectual creators in their works. The scope of copyright protection as laid down in Article 2 of the 1996 WIPO Copyright Treaty "... extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such." Copyright law protects the creativity concerning the choice and arrangement of words, colors, musical notes etc. It grants the creators of certain specified works exclusive rights relating to the "copying" and use of their original creation.
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Challenges for Copyright by ICT: Digital Content Providers
Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.
Framing
Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.
Hyperlinking
It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.
Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.
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Basics: Protected Works
Usually the subject matter of copyright is described as "literary and artistic works" - original creations in the fields of literature and arts. Such works may be expressed in words, symbols, pictures, music, three-dimensional objects, or combinations thereof. Practically all national copyright laws provide for the protection of the following types of works:
Literary works: novels, poems dramatic works and any other writings, whether published or unpublished; in most countries also computer programs and "oral works"
Musical works
Artistic works: whether two-dimensional or three-dimensional; irrespective of their content and destination
Maps and technical drawings
Photographic works: irrespective of the subject matter and the purpose for which made
Audiovisual works: irrespective of their purpose, genre, length, method employed or technical process used
Some copyright laws also provide for the protection of choreographic works, derivative works (translations, adaptions), collections (compilations) of works and mere data (data bases); collections where they, by reason of the selection and arrangement of the contents, constitute intellectual creations. Furthermore in some countries also "works of applied art" (furniture, wallpaper etc.) and computer programs (either as literary works or independently) constitute copyrightable matter.
Under certain national legislations the notion "copyright" has a wider meaning than "author's rights" and, in addition to literary and artistic works, also extends to the producers of sound recordings, the broadcasters of broadcasts and the creators of distinctive typographical arrangements of publications.
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1996 WIPO Copyright Treaty (WCT)
The
1996 WIPO
Copyright Treaty, which focused on taking steps to protect copyright
"in the digital age" among other provisions 1) makes clear
that computer programs are protected as literary works, 2) the
contracting parties must protect databases that constitute
intellectual creations, 3) affords authors with the new right of
making their works "available to the public", 4) gives
authors the exclusive right to authorize "any communication to
the public of their works, by wire or wireless means ... in such a
way that members of the public may access these works from a place
and at a time individually chosen by them." and 5) requires the
contracting states to protect anti-copying technology and copyright
management information that is embedded in any work covered by the
treaty. The WCT is available on: http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm
http://www.wipo.int/documents/en/diplconf/dis...
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INDEXCARD, 1/4
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Invention
According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.
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INDEXCARD, 2/4
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Economic rights
The economic rights (besides moral rights and in some cases also neighboring rights) granted to the owners of copyright usually include 1) copying or reproducing a work, 2) performing a work in public, 3) making a sound recording of a work, 4) making a motion picture of a work, 5) broadcasting a work, 6) translating a work and 7) adapting a work. Under certain national laws some of these rights are not exclusive rights of authorization but in specific cases, merely rights to remuneration.
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INDEXCARD, 3/4
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Fair use
Certain acts normally restricted by copyright may, in circumstances specified in the law, be done without the authorization of the copyright owner. Fair use may therefore be described as the privilege to use copyrighted material in a reasonable manner without the owner's consent and allows the reproduction and use of a work for limited purposes such as criticism, comment, news reporting, teaching, and research. To determine whether a use is fair or not most copyright laws consider: 1) purpose and character of the use, 2) nature of the copyrighted work, 3) amount and substantiality of the portion used, and 4) effect of the use on the potential market. Examples of activities that may be excused as fair use include: providing a quotation in a book review; distributing copies of a section of an article in class for educational purposes; and imitating a work for the purpose of parody or social commentary.
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INDEXCARD, 4/4
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