Sunday 11 September 2011

Online Presence week 5 ( Reading -intellectual property )


Copy Right©
Copyright is to protect the "Original work" from the worker. It's to protect Literary work, musical work, artist work, films, sound and broadcast. The copy right use to protect the author/creator avoid the creative work been copied without permission. It's allow creator to charge other for copying the "Creative work" from creator. Modify and edit it's also not allowed, as the copyright allow the author "creative work" be protected by copyright law. Anything we write, say, record, and so on, Is automatically copyrighted as long as it's original work. Not necessary to register it with any authority. 

If a person copy people's creative work, the creator can actually sue the person without permission copy his/her work. 
sometime, we Like to copy and paste from website, but this behave might insult the creator. 

Additional Knowledge : 
Copy right in Malaysia governed by the copyright Act 1987
there are no registration, with the conditions :
- Original work
-the work has been written down, record and reduced to a material form
-The author is qualification person or work make in Malaysia
-The work published in Malaysia


Literary, Musical or Artistic Works
 life of the author plus 50 years after his death. However, if a work has not been published during the lifetime of the author, copyright in the work continues to subsist until the expiration of 50 years, 
Sound Recordings
The copyright in sound recordings shall subsist until the expiry of a period of 50 years computed from the beginning of the calendar year next following the year in which the recording was first published or, if the sound recording has not been published, from the beginning of the calendar year following the year of fixation.
Broadcasts
continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the broadcasts was first made.Films
The duration of the copyright in films shall continue to subsist for a period of fifty years computed from the beginning of the calendar year next following the year in which the film was first published or first made available to the public or made, whichever is the last.
Government Works
 Copyright in works of Government, Government organizations and international bodies shall continue to subsist until the expiry of a period of fifty years computed from the beginning of the calendar year next following the year in which the work was first published.


TrademarkTMTrade mark®
Trademark law is to prevents market and product sell in the market, to avoid the peoples to sell a similar product , or using the same sign, phrase and word. Trademark used to protect the brand automatically.  The branded product which exciting in market for so long with the symbol "®", Somehow if i design a logo or make a new product, i can put the "TMbehind of it. It's reasonable  
http://bunkerlawgroup.com/
  Patents
A patent give the creator of an authority to control who are allowed to use it. If I create a new logo, and some like it and make a new one almost similar with mine, without asking my permission, i can sue them by violation my patent. 

Some time, we will get idea from other, as in we like to "Google it" , we found and we copying. We edit it and become our new invention, but we didn't realize that we are copying to people work are consider violation patent of the creator.


Patents in Malaysia
Sources from : http://www.patentarea.com/malaysia_patent_requirements.html 
A Malaysian Patent is effective for a term of: 20 years (from the filing date). 5 years for pharmaceutical products and agricultural chemicals (this period could be extended).
The Utility Models are effective for a term of 20 years
Approximate Patent Application processing time: 3 years.
Member of the Paris Convention: Yes
Member of the PCT: No
Ministry Of Domestic Trade And Consumer Affairs
  
  1. Patent Filing
  2. Substantive Examination
  3. Acceptance (Notice of Allowance) or rejection.
  4. Payment of the Issue Fees.
  5. The patentee shall pay an annual fee beginning with the year in which the patent right was granted.

E-Link
Today, we don’t have to buy the heavy book, E-book have already existing In the market, It can also define “E-ink” , which Mr.Faizal mentioned in class, the different from Ebook and iPad was IPad will cause our eye tiring, whereas E-Ink much more comfortable for reader's eye.  example : Kindle, Nook and Sony readers.


nook
http://newtech.aurum3.com/tag/nook/

Kindle
http://michaelhyatt.com/kindle-firstimpressions.html




Sony reader
http://www.engadget.com/2009/08/04/sony-reader-
pocket-and-touch-editions-lower-cost-of-entry-onlin/
Ipad
 http://novinthen.com/blog/2011/08/top-ten-free-ipad-apps/







Additional Knowledge :  
Barnes and Noble B&N.com is a "The Internet's Largest Bookstore" , 
"In 2009, Barnes & Noble.com also became a leader in eBooks, offering over 1 million titles in its eBooks store and launching nook, the world's most advanced eBook reader, that features groundbreaking lending technology, a color touchscreen and lets readers download books in seconds." - (B&N.com)
Nook is now open download for IPhone, IPad, Microsoft PC, Mac, Android and Black berry. 
The smartphone and table PC Can purchase the E-book through online, the Apps have the copyright from the publisher. 
http://www.barnesandnoble.com/u/NOOK-Book-eBook-store/379003094
In conclusion, 
I personal think that these law is used to protect the creator "Creative work", it's important to the creator themselves, we don't like people to used thing without permission or without acknowledgement right? If Nike there are not trademark nor copyright, the Nike product are everywhere, this will confusing the audiences which is real which is  fake?everyone can use Nike, but who going to pay to Nike? 

Plus, we are not aware that "download" from computer is illegal behavior, normally we will think that buy an album is so expensive, We buy a dish cost RM 40, we said it's expensive. why not we just download from computer, easy and it's free. we never think of how long to create a new album, it's not only the single, it's also involve the song writer, publisher, director and so and forth. How much it's need to pay? it's more than the cost we pay for the disk. Not only this, it's also quite bad for the creator, they spent so much time to prepare, nearly 100% perfect work. And We buy an pirated CD RM 10. it's quite an unfair to them. If there are no copyright protect, i think there will getting less and lesser talented people to sing, because there are no company willing to pay off without gain any profit. 

But from another way, the singer/actress/actor everywhere nowadays, everyone can be famous even if you are not a single, as simple as you can record you yourself in a video, and post it on youtube, if a song is popular, you will get the higher chance to become a single. There are few things you need to concern is the song must be original from you, not from any song already existing in the market. But it's very subjective by judge "original song",  there are no requirement to judge your song whether is 100% original. There might have 1 sentence same with another song, or the demo a bit sound like other people's song, it's this consider plagiarize or copy? How if the creator they never listen the song before? 


The song writer might spend a long time for create a new song, but we just spent a few second just to "download", does it fair to the creator? 


Readings:
Boldrin, M., and Levine, D.K. (2007). Introduction. In Against Intellectual Monopoly (pp. 1-15). Cambridge, UK: Cambridge University Press [URL: http://levine.sscnet.ucla.edu/papers/anew01.pdf]
Lessig, L. (2004). Creators. In Free Culture: How Big Media uses Technology and the Law to Lock Down Culture and Strangle Creativity (pp. 21-30). New York: Penguin [URL: http://www.authorama.com/free-culture-4.html]

4 comments:

  1. As for the example of Nike shoes, I agree on your standpoint on it which it must have the copyright protection. However, people are still getting to simulate the Nike shoes and sell it at Pasar Malam. This behavior has show the disrespect on the owners' or creators' creation and people are still tend to buy the shoes in cheaper price.

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  2. I agree on the example of "Google it", copy and edit it become our own idea. As a student, I always get ideas from the Internet. Sometimes, I might copied some of the ideas from the reference that I am refer to. This is why plagiarism happens.

    I agree with the point of download behavior. Downloading music from Internet has become a norm. Everyone like free stuff (like what you have mentioned), but it is really unfair to the publisher, creator and more. Copyright law plays a important role here to protect the original property.

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  3. I agree on the google it points you given... we are so use to Mr Google where we key in any ideas or question we want and there you go... there is no fear in using internet these days as people becoming more trusting information provided by internet like webblogs, forums and so on... sometimes, people will copy it without knowing what are the consequences that affect them...anyway..copyright is important to protect people's right and property as technology and the world getting more competitive that result in all kinds of new ideas or even same ideas.. just look like our country...the kopitam like old town.. different name but same concept...BORING!

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  4. In my opinion, actually I don't mind share something of what I created to people. Like what our social networking site, we share everything. However, sharing might caused copying,and i think this is sub reason Copyright Act formed

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First Lecturer 1/8/2011