Unit 2.6 - Copyright in the digital environment

Question 1

Discuss originality.

Answer 1

• Remember, originality in copyright doesn’t require groundbreaking innovation.
• A work is original if it originates from the author’s independent skill and effort and is not merely commonplace.

Question 2

Discuss the fixation in material form.

Answer 2

• For copyright to subsist, a work must be fixed in a material form.
• Section 2(2) of the Copyright Act clarifies that this includes being written down, recorded, or represented in digital data or signals.

Question 3

Discuss economic rights.

Answer 3

These rights grant copyright owners the exclusive control over various uses of their works, enabling them to derive financial benefit.

Question 4

Discuss moral rights.

Answer 4

• Moral rights protect the author’s personal connection to their work, even after transferring economic rights.
• Section 20 of the Copyright Act outlines the two moral rights: the right to claim authorship (paternity) and the right to object to distortion (integrity).

Question 5

Discuss digital works and licensing.

Answer 5

• Digital works, including ebooks, online music, and software, are subject to copyright protection.
• The distribution of digital works often involves licensing agreements rather than sales, meaning users typically acquire a license to use the work under certain conditions.

Question 6

Discuss parallel importation.

Answer 6

• Downloading a digital work from a foreign site not authorized in South Africa could be considered parallel importation.
• However, the personal use exception may apply if the download is solely for private purposes.

Question 7

Discuss linking an caching.

Answer 7

• While hyperlinking generally doesn’t constitute infringement, deep linking (linking to an internal page of a website) may raise concerns, especially if it affects advertising revenue or bypasses important notices.
• Caching (temporary copying by search engines) can also amount to infringement if not authorized.
• However, legal frameworks like the EU Copyright Directive and ECTA provide exceptions for certain intermediary activities.

Question 8

What are the exceptions provided for by the EU and ECTA for intermediary activities ?

Answer 8

• Article 5 of EU Copyright Directive provides that temporary, necessary copying by
  intermediaries doesn’t infringe copyright if it serves network transmission and has no independent value.
• ECTA provides for certain exemptions to ISPs, including for caching if they don’t modify data, follow industry standards, and act on takedown notices.

Question 9

What is contributory infringement.

Answer 9

Contributory infringement arises when someone, other than the direct infringer, facilitates or contributes to the infringing act.

Question 10

Discuss peer-to-peer sharing.

Answer 10

• Allow users to share files directly with each other without a central server.
• This decentralized structure facilitates the widespread distribution of copyrighted material without permission.

Question 11

Discuss contributory infringement liability in terms of peer-to-peer networks

Answer 11

• Provide the platform or tools for infringement, such as the developers of P2P software.
• Encourage or induce others to infringe, even if they don’t directly participate in the sharing.
• Fail to take reasonable steps to prevent or stop infringement when they have the knowledge and ability to do so.

Question 12

Discuss BitTorrent technology.

Answer 12

The sources mention BitTorrent as a technology that enables efficient file sharing by splitting large files into smaller pieces that can be downloaded from multiple users simultaneously.

Question 13

Discuss the strategies to combat illegal file sharing.

Answer 13

• Pursuing Individual Infringers: This strategy focuses on holding individuals who directly download or share copyrighted works accountable.
• Blocking Access to Websites: This involves taking action against websites that facilitate or encourage copyright infringement.

Question 14

What are the key considerations for contributory infringement ?

Answer 14

• To establish contributory infringement, it’s generally necessary to demonstrate that the accused party had knowledge of the infringing activity.
• Mere awareness of infringement might not be sufficient for liability, there needs to be some level of active participation.

Question 15

Discuss the defenses and exceptions.

Answer 15

• Fair Dealing:This defense allows limited use of copyrighted works for specific purposes without infringing, such as research, private study, criticism, review, and reporting current events.
• The Copyright Amendment Bill in South Africa proposes a broader “fair use” exception, expanding the permitted uses under fair dealing.