Basics: Infringement and Fair Use

The rights of a copyright holder are infringed when one of the acts requiring the authorization of the owner is done by someone else without his consent. In the case of copyright infringement or the violation of neighboring rights the remedies for the copyright owner consist of civil redress. The unauthorized copying of protected works for commercial purposes and the unauthorized commercial dealing in copied material is usually referred to as "piracy".

Yet copyright laws also provide that the rights of copyright owners are subject to the doctrine of "fair use". That allows the reproduction and use of a work, notwithstanding the rights of the author, for limited purposes such as criticism, comment, news reporting, teaching, and research. Fair use may be described as the privilege to use the copyrighted material in a reasonable manner without the owner's consent. To determine whether a use is fair or not most copyright laws consider:

- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (usually certain types of educational copying are allowed)

- the nature of the copyrighted work (mostly originals made for commercial reasons are less protected than their purely artistic counterparts)

- the amount and substantiality of the portion used in relation to the copyrighted work as a whole

- the effect of the use upon the potential market for or value of the copyrighted work (as a general rule copying may be permitted if it is unlikely to cause economic harm to the original author)

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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The Piracy "Industry"

Until recent years, the problem of piracy (the unauthorized reproduction or distribution of copyrighted works (for commercial purposes)) was largely confined to the copying and physical distribution of tapes, disks and CDs. Yet the emergence and increased use of global data networks and the WWW has added a new dimension to the piracy of intellectual property by permitting still easier copying, electronic sales and transmissions of illegally reproduced copyrighted works on a grand scale.

This new development, often referred to as Internet piracy, broadly relates to the use of global data networks to 1) transmit and download digitized copies of pirated works, 2) advertise and market pirated intellectual property that is delivered on physical media through the mails or other traditional means, and 3) offer and transmit codes or other technologies which can be used to circumvent copy-protection security measures.

Lately the International Intellectual Property Alliance has published a new report on the estimated trade losses due to piracy. (The IIPA assumes that their report actually underestimates the loss of income due to the unlawful copying and distribution of copyrighted works. Yet it should be taken into consideration that the IIPA is the representative of the U.S. core copyright industries (business software, films, videos, music, sound recordings, books and journals, and interactive entertainment software).)

Table: IIPA 1998 - 1999 Estimated Trade Loss due to Copyright Piracy (in millions of US$)





Motion Pictures

Records & Music

Business Applications

Entertainment Software

Books





1999

1998

1999

1998

1999

1998

1999

1998

1999

1998

Total Losses

1323

1421

1684

1613

3211

3437

3020

2952

673

619



Total Losses (core copyright industries)

1999

1998

9910.0

10041.5




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Enforcement: Copyright Management and Control Technologies

With the increased ease of the reproduction and transmission of unauthorized copies of digital works over electronic networks concerns among the copyright holder community have arisen. They fear a further growth of copyright piracy and demand adequate protection of their works. A development, which started in the mid 1990s and considers the copyright owner's apprehensions, is the creation of copyright management systems. Technological protection for their works, the copyright industry argues, is necessary to prevent widespread infringement, thus giving them the incentive to make their works available online. In their view the ideal technology should be "capable of detecting, preventing, and counting a wide range of operations, including open, print, export, copying, modifying, excerpting, and so on." Additionally such systems could be used to maintain "records indicating which permissions have actually been granted and to whom".

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Kosov@

The "word" Kosov@ is a compromise between the Serb name KosovO and the Albanian KosovA. It is mostly used by international people who want to demonstrate a certain consciousness about the conflict including some sort of neutrality, believing that neither the one side nor the other (and maybe not even NATO) is totally right. Using the word Kosov@ is seen as a symbol of peace.

For more explanations (in German) see: http://www.zivildienst.at/kosov@.htm

http://www.zivildienst.at/kosov@.htm
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COMECON

The Council for Mutual Economic Aid (COMECON) was set up in 1949 consisting of six East European countries: Bulgaria, Czechoslovakia, Hungary, Poland, Romania, and the USSR, followed later by the German Democratic Republic (1950), Mongolia (1962), Cuba (1972), and Vietnam (1978). Its aim was, to develop the member countries' economies on a complementary basis for the purpose of achieving self-sufficiency. In 1991, Comecon was replaced by the Organization for International Economic Cooperation.

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retouch

The retouch is the simplest way to change a picture. Small corrections can be made through this way.
A well-known example is the correction of a picture from a Bill Clinton-visit in Germany. In the background of the photograph stood some people, holding a sign with critical comments. In some newspapers the picture was printed like this, in others a retouch had erased the sign.
Another example happened in Austria in 1999:
The right wing party FPÖ had a poster for the Parliamentarian elections which said: 1999 reasons to vote for Haider. Others answered by producing a retouch saying: 1938 reasons to not vote for Haider (pointing to the year 1939, when the vast majority of the Austrians voted for the "Anschluss" to Germany).

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