Hi, my name is Danielle Palmer and I am a second year Law/Journalism student.

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• Contracts B
• Fundamentals of Torts
• New Media Technologies
• Radio and Television 1

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Danielle Palmer 15:40, 27 Jul 2004 (EST)

Assessment

Annotated Bibliography

Bott. F, Coleman. A, Eaton. J & Rowland. D. (1995) "Professional Issues in Software Engineering. Second Edition" (Chapter 6) London.: UCL Press Limited. ISBN 185728450

This book is one that looks at the technological issues associated with copyright and intellectual property with regards to computer software. It has been written from an English legal perspective and gives the reader an insight into how their legal system looks into and regards this area of the law, one that is growing in importance in today's society as technology is playing an increasing role in our lives. In particular, chapter six (Intellectual Property rights) of this text is of particular significance as it enables the reader to grasp a better understanding of the legal perspective on topics including confidential information, copyright, infringement of copyright, Acts permitted in relation to copyright works, any remedies that may be available in situations of breach, licensing, moral rights and trademarks. In regards to copyright, the texts looks at factors such as who can own copyright as well as the duration of copyright. Bott et al have also included tables of cases and statutes that are relevant to this area of the law in the United Kingdom.

McKeough & Stewart. (1991) "Intellectual Property in Australia". Brisbane; Queensland.: Butterworths. ISBN 040949719

This book is relevant to my research as it is not only an Australian based book, but also lists the cases and statutes that are relevant to the legal Australian perspective in regards to copyright and intellectual property. This is important as the legal perspective that has been adopted in Australia is one that I will be predominately concentrating on. In particular, chapters six, eight and nine are of relevance to the areas of copyright and intellectual property in the technological age. Chapter six covers elements of broadcast copyright including definitions and outlines different types of broadcast that are available to the general public and subject to copyright laws. In chapter eight, the act of infringing copyright is looked at, including what constitutes the act of infringing copyright, how it can be infringed, any defences that may be available in that instance as well as any remedies that may be available if an infringement of copyright occurs. Chapter nine deals with the different issues and elements involved with the protection of computer technology including copyright, legislation and any alternate forms of protection that may be available. This text also deals with issues relating to trademarks in chapter 19 while in chapters 21 and 22, issues relating to international perspectives (including UN agencies and the GATT), as well as the commercialisation of intellectual property are looked at.

Cornish. W. R. (1996) "Intellectual Property: Patents, Copyright, Trademarks & Allied Rights. Third Edition". London; England.: Sweet & Maxwell Ltd. ISBN 0421535202

This particular text is one that distinguishes between the different types of "right" from an English legal perspective and analyses the intellectual property laws that govern the United Kingdom. It looks at legal change with regards to the technological change that society has experienced over the past decade or so. This particular books covers different areas of intellectual property law and deals with issues concerning computer software, rental rights, satellite and cable, as well as the duration of rights. The text also makes mention of how databases are also protected by copyright like all other fields concerning intellectual property. As well as looking at the British Government's perspective on copyright issues, this text also looks at international influences (including the GATT agreement). This text is up-to-date and gives the reader a detailed overview of intellectual property law.

Cornish. W. R. (1996) "Cases and Materials on Intellectual Property. Second Edition". London; England.: Sweet & Maxwell Ltd. ISBN 042153530X

This being a primarily English legally focused book, it is involved in explaining the English perspective on copyright law, in particular issues dealing with intellectual property. This text delves into cases that have helped shape the way in which the law interprets issues concerning this particular area of the legal system. It is this insight that gives the public an idea of how issues can/may be dealt with in different areas of interpretation of the law. Each area of the law that is discussed is included with cases that can help to give the audience a better understanding of the workings of copyright and intellectual property law from the English legal perspective. In some parts, areas of legislation that is related to topic is given that shows the way in which the laws were made, the same laws that the courts interpret when looking at cases dealing with copyright and intellectual property. The reader is given an insight into facts behind cases and is equipped with the knowledge then to apply the law to the facts to see how copyright and intellectual law works.

Rodriguez Pardo. Julian. (2003) "Copyright & Multimedia", The Netherlands.: Kluwer Law International. ISBN 9041189025

This text takes a broader view over what constitutes media work, looking at definition, computer elements, hypertext, multimedia and hypermedia. The book also takes a closer look at copyright and its history with regards to international perspectives including those of Greece, Rome, The United Kingdom, The United States of America, France and Germany. Various international treaties are also looked at in this particular text, including the Berne Convention, the GATT Agreement (with regards to software and databases), internet providers and ISDN (Integrated Services Digital Network Providers). The author, Julian Rodgriguez Pardo, also includes information relating to web pages and the protection of domain names as well as the content of the copyright. Multimedia work is also looked at with a general view as well as a closer look at the moral rights and economic rights of the multimedia author. Community Copyright Principles and their development with regards to multimedia are also discussed with references to European legal perspectives.

Baker & McKenzie. (1998) "Guide to Intellectual Property in the IT Industry: Intellectual Property in Practice". London; England.: Sweet & Maxwell Ltd. ISBN 0421618604

This particular book is one that is primarily concerned with technological issues associated with intellectual property. In particular, the internet, protection of domain names as well as the liability of internet service providers. The IT industry with regards to the internet and intellectual property is of special importance in this text. A table of cases associated with the issues of interest in this book is included for further reference and clarification of the laws that given copyright and intellectual property in the technological and digital age that has engulfed modern society. For further reference, a table of statutes is also included, outlining international laws, as well as treaties and conventions, directives, regulations and proposed E.C Legislation. An Amount of Australian law is compared to international laws. Areas covered, from an English legal perspective, include copyright, moral rights, data and databases, trademarks, background information (for classification purposes) to technology and intellectual property, as well as remedies that may be available in cases of breach to any of the covered areas (including the application of copyright to computer technology which is important in the digital age.

Bainbridge, David. (1994). "Software Copyright Law. Second Edition". London; England.: Butterworth & Co (Publishers) Ltd. ISBN 040604841X

This text is one that is focused on legal issues involved with computer software and copyright. It outlines the need to protect computer software, justifications and details forms of protection available for computer software. As this book was authored and published in the United Kingdom, it is written from an international perspective. It also outlines the different types of works that are associated with computers (computer-generated works) and the relevance that copyright and intellectual property laws have to them in this age, including any modifications of computer programmes. For further reference, there is also the inclusion of any relevant legislation and/or cases that have helped to shape the way in which copyright and intellectual property law is interpreted with regards to computer software.

Lawrence Clapes, Anthony. (1989). "Software, Copyright and Competition: The "look and feel" of the law". Westport; Connecticut.: Greenwood Press, Inc. ISBN 0899305073

While this book was published in 1989, it gives the reader an insight into the history of the need for copyrighting software (part 1: setting the stage - 1. Learning from the past). Different areas of copyright law are discussed in this particular text and the reader is given further insight into the workings of copyright with regards to software through the inclusion of cases to support ideas and regulations associated with this particular area of the law. Programming also plays an important role in this text including languages and structure, outlining in detail the workings of programmes and their purposes in society. Written from an international perspective (the United States of America), this book gives its readership and audience a better understanding with regards to how the laws of copyright and intellectual property regarding computers were originated and are enforced in the United States of America.

Heath, Christopher & Kamperman Sanders, Anselm (Editors) (2001). "Intellectual Property in the Digital Age: Challenges for Asia." The Hague; The Netherlands.: Kluwer Law International. ISBN 9041198474

This particular book is based on the Asian perspective with regards to copyright and intellectual property law in the digital age. The text offers information on the legal protection available with regards to data and databases as well as copyright issues relating to "techno-digital property". Areas to do with intellectual property, trademarks, e-commerce and the internet feature highly in this book and are of high importance when dealing with copyright law. In chapter seven, e-commerce is discussed with reference to "Macau's intellectual property system in the digital age" (dealing with laws in the digital and technical environment that we now find ourselves living in), with regards to two particular statutes (as there is not a great abundance of case law with this particular system). Within this particular system there is a fair amount of focus placed on software and its uses as well as its relevance to the covered topic areas. Also looked at are databases, personal data and domain names in regards to Macau's "intellectual property system in the digital age" and copyright.

Litman, Jessica (2001) "Digital Copyright: Protecting Intellectual Property on the Internet" Amherst; New York.: Prometheus Books. ISBN 1573928895

From an American perspective, Litman addresses the legal idea of copyright and how the copyright laws are included and adapted to today's society, a society increasingly focused and dependant on the use of technology. Litman looks at the early beginnings of copyright law (both in England and The United States of America) to give the reader a better understanding of this particular area of the law as well as its beginnings in today’s society. In particular, chapter 11 is focused on copyright law in the "digital millennium". Litman gives an insight into the legislation in the United States of America that govern the copyright laws and how changes in society have had an effect on how laws operate in regards to the copyright topic area. Included in the vast information that Litman provides in her book on the American perspective of copyright laws, she also offers her readership an insight into the historical side of these laws.

Australian Copyright Council & Contributors. May 9, 2003. “Australian Copyright Council: Online Information Centre�. Available: http://www.copyright.org.au/ Date Accessed: August 3, 2004.

This website offers the general public a vast amount of relevant information relating to copyright laws in Australia as well as incorporating international perspectives, for an example, see the case Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers. The Australian Copyright Council webpage also offers the general public information sheets with topics including Digital Agenda Amendments, Duration of copyright, DVDs & videos: home taping, Broadband content, Computer software, Copying from the internet and websites. Other links on the website bring you to publications, research projects as well as articles and papers related to the field of copyright law and enable the general public to grasp a better understanding of the laws that govern technology in today's society. References are also made to recent case law, which have the ability to change the way in which the courts may interpret the legislation that is available on copyright law (Copyright Act 1968, Copyright Amendment (Digital Agenda) Act 2000).

Stokes, Simon (2002) "Digital Copyright: Law and Practice". London; England.:BPR Publishers. ISBN 0406947023

This particular text is heavily focused on the legal perspective and ramifications of digital copyright in today's society. Different areas covered in this particular text include software and databases with regards to copyright laws that govern the use of these means of technology. For further reference and understanding of the subject matter, Stokes has included various tables of laws including statutes, statutory instruments, European and International Conventions and Treaties, European Secondary Legislation as well as case law. He also gives his readership an introduction to the workings of copyright, including aspects and legislation of an international origin and the internet. Stokes also introduces his readers to the idea of digital copyright, digital database law (and its relationship with copyright), software copyright (and how to protect your software with copyright). Overall, this book gives readers an in-depth introduction to the digital copyright area of law from an English perspective (however, Stokes does include international perspectives in his work).

Daniellepalmer 11:04, 12 Aug 2004 (EST)

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Project Proposal

You can view my Intellectual Property page here