Plagiarism and Copyright

BL 6 - A Review of Key Issues in the Copyright

2006-12-03T00:14:00.000-08:00

QUESTION 1: Provide details about the Program Presenter, Story Researcher / Producer, and the four Guests.

Answer:
Program Presenter
Paul Barclay

Story Researcher / Producer,
Julie Browning

the four Guests
The Hon Philip Ruddock
MPFederal Attorney General

Dr Melissa deZwart
Law School Monash University

Dr Matthew Rimmer
College of Law
ANU

Dr David Brennan
Melbourne Law SchoolUniversity of Melbourne

QUESTION 2: The four Guests on the program discussed a range of key issues relating to the Copyright Amendment Bill 2006. Provide an overview of FOUR DIFFERENT KEY ISSUES discussed by the GUEST SPEAKERS (Give each issue your own Title; Suggested length for EACH ISSUE is one paragraph or series of dot points).

QUESTION 3: Provide an overview of FOUR DIFFERENT ISSUES raised by LISTENERS RINGING INTO THE PROGRAM – the listeners included copyright creators / owners, as well as consumers or users of creative works (Give each issue your own Title; Suggested length for EACH ISSUE is one paragraph or series of dot points). Note: If some or all of the issues for Questions 2 and 3 are the same … your summaries should present a range of viewpoints.

The Hon Philip Ruddock

US Free Trade Agreement
Extending copyright 70 years after death
fair use

Dr Melissa deZwart

legislation proviisons have been drafted
take more time drafting

Dr David Brennan

ways of distributing
pro copyright replicating america laws
getting int the american market
what do americans get that Australians don't

Dr Matthew Rimmer

Apple and google concerned
hasn't create defence for fair dealing

LISTENERS

Sally

legislation too narrow for everyday use makes it illegal

Josh

Bypasses illegal downloads

Kevin

Other companies get super profits by copyright royalties

Arthur

has to be readily available

QUESTION 4: ABC Radio National has a website that provides access to all of their MP3 audio and Podcast services. Provide the Website Title and Website of Address for this service.

Website title -Radio National: Audio Downloads: Pod casting and MP3s

Web Address -http://www.abc.net.au/rn/podcast/default.htm

BL 10 - Finding and Describing a Copyright, Licensing or

2006-12-02T23:39:00.000-08:00

Describe the Search Strategy you used to research this Case (i.e. What Search Tools did you use? What Search Terms did you use? etc)

Search engine - BBC news
Search terms - TV + copyright + intellectual property

Provide some Background Information on the Case
X Factor copyright case

Mr Fuller claims Mr Cowell's ITV1 show X Factor copies his Pop Idol format. Mr Fuller's company 19 TV, which created Pop Idol and American Idol, is taking action against FremantleMedia, Cowell and his firms Simco and Syco

Outline some Key Features of the Case in relation to Copyright and /or Licensing and/or Intellectual Property

As well as claiming breach of copyright, 19 TV is suing for breach of contract because it alleges some of The X Factor's production team also worked on Pop Idol after signing contracts which prevented them from working on rival shows

If the Case is resolved, what were come of the main consequences for the various parties involved?

The music mogul settled the case out of court in a deal which made Mr Fuller a joint partner in the X Factor show. As part of the settlement, Mr Cowell agreed to appear in at least five more series of American Idol. While details of the out-of-court settlement remained confidential, 19 Entertainment will receive "a minority interest in certain intellectual property and programming related to the X Factor television programme".

Sources
Websites - http://news.bbc.co.uk/2/hi/entertainment/4482216.stm 3/12/06 5:49 PM
Websites - http://news.bbc.co.uk/2/hi/entertainment/4462378.stm 3/12/06 5:45 PM

BL 9 Useful Websites About Copyright Part 3

2006-12-02T22:54:00.000-08:00

Australian Law Online

Website Title: Australia Law online

Website Address: http://www.law.gov.au/accesspoint?action=menuHome

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

Australian Law Online provides access to law and justice related information and services from all levels of government. The objective of this site is to provide Australians with ready access to clear, understandable, user-friendly information about the Australian legal system and the government organizations that are part of the Australian legal system.

Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):

Australian Legal System
Business and Work
Consumers
Crime and Crime Prevention
Family and Relationships
Government
Health and Safety
Housing and Neighborhood
Human Rights
Immigration and Citizenship
Indigenous Australians
International Law
Media and Communications
Money
Science and the Environment
Transport

Date and Time you visited the website:

Website - http://www.law.gov.au/accesspoint?action=menuHome 3/12/06 3:00 PM

IP Australia

Website Title: Australian Government IP Australia

Website Address: http://www.ipaustralia.gov.au/

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

IP Australia administers the patents, designs, trade marks and Plant Breeder's Rights systems.

We maintain the Registers of Patents, Designs, Trade Marks, Plant Breeder's Rights and Olympic Designs.

Our communication program provides individuals and organisations with general information about how to take advantage of their IP.

We form strategic relationships with other IP leaders.

We maintain libraries of intellectual property documents.

Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):

· Patent
· Trademarks
· Designs
· Plant Breeder’s rights

Date and Time you visited the website:

Website - http://www.ipaustralia.gov.au/ 3/12/06 3:06 PM

Part 1: Creative Commons;

Website Title: Creative commons

Website Address: http://creativecommons.org/

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

Creative Commons licenses provide a flexible range of protections and freedoms for authors, artists, and educators. We have built upon the "all rights reserved" concept of traditional copyright to offer a voluntary "some rights reserved" approach. We're a nonprofit organization. All of our tools are free.

Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):

· Audio
· Images
· Video
· Text
· Education
· Software
Date and Time you visited the website:

Website - http://creativecommons.org/ 3/12/06 4:55 PM

Part 2: Creative Commons Australia

Website Title: Creative Commons Australia

Website Address: http://www.creativecommons.org.au/

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

Cacao is the Australian derivative project of the Creative Commons project in the United States of America. We are porting the Creative Commons licences into Australian domestic law and fostering a creative community premised on remixes able creativity. Hosted at Queensland University of Technology in Brisbane, CCau is devoted to the promotion of Creative Commons in Australia.

Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):

· Learn More
· Licences
· Materials
· CC clinic
· Research

Date and Time you visited the website:

Website - http://www.creativecommons.org.au/ 3/12/06 4:50 PM

WIPO: World Intellectual Property Organization

Website Title: World Intellectual Property Organization

Website Address: http://www.wipo.int/portal/index.html.en

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.

WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland.

Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):

· E-Bookshop
· Free Publications
· Documents
· Library
· Collection of laws
· Directory of IP offices
· IP Statistics
· WIPO standards

Date and Time you visited the website:

Website - http://www.wipo.int/portal/index.html.en 3/12/06 5:00 PM

BL 8 - Useful Websites About Copyright Part 2

2006-12-02T20:38:00.000-08:00

Australasian Performing Right Association (APRA)

Website Title: APRA for composers authors and publishers of music

Website Address: http://www.apra.com.au/

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

Since 1926 APRA (the Australasian Performing Right Association) has been making life a little easier for songwriters, composers.and music users. Australian copyright law makes songwriters and composers the exclusive owners of their original music and lyrics. Nobody else can use their work without getting their permission first, and if necessary, paying a royalty for this use. This is where APRA steps in. APRA is a not-for-profit organisation that collects royalties on behalf of its 44,000+ members, and by agreement, for all the copyright owners around the world.

Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):

Writers
Publishers
Music users

Royalties
· Copyright and collecting royalties
· Allocation and distribution of APRA royalties
· Allocation and distribution of AMCOS royalties
· Our distribution rules and practices
· Payment timetable
· Royalty queries, disputes or complaints
· Withholding Tax and GST in Australia

Date and Time you visited the website

Website - http://www.apra.com.au/ 3/12/06 3:40 PM

Screenrights (Formerly - The Audio Visual Copyright Society)

Website Title: Screenrights

Website Address: http://www.screen.org/

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

Screenrights was set up in 1990 to administer provisions in the Copyright Act that let schools, TAFEs and universities copy from TV and radio for teaching, provided they pay a fee. We monitor copying, collect royalties and distribute this money to our members on a non-profit basis. Screenrights’ educational copying licences now give more than 10,000 Australian and New Zealand educational institutions access to this valuable resource. They also bring in more than $20 million a year for distribution to the filmmakers who make the programs educators copy.
Because our educational service is valuable to our members and to educators, we developed an online portal of resources, www.enhancetv.com.au that brings both these sectors together. Enhancetv lets educators know about upcoming programs relevant to them, and helps filmmakers improve their reach into this market for free. Visit enhancetv now and find out more

Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):

Film and TV users
Film and TV industry
Screenrights

Date and Time you visited the website:

http://www.screen.org/ 3/12/06 3:45 PM

BL 7 Add New Posting to your Student Blog

2006-12-02T20:14:00.000-08:00

QUESTION 1: What is the Website Title and Website Address of the Blogger Help Topic “How do I edit my link list”

Answer:
Title: How do I edit my link list?

Address: http://help.blogger.com/bin/answer.py?answer=41427&query=link%20list&topic=&type=

QUESTION 2: Confirm that you have linked my Teacher Blog and two other Student Blogs – Add the Blog Title and Blog Address for each

Answer:
Blog title - Pauline Fountain
Address - http://pfountaincufadm02a0206.blogspot.com

Blog title – mike free
Address http://mikefree0206.blogspot.com/

Blog title – mike free (suppose to be nick Draney make a mistake during adding)
Address - http://ndraneycufadm02a0206.blogspot.com

QUESTION 3: Confirm that you have added a Comment to the “BL1 > Part 1: CUFADM02A Posting: About Me” posting on one of the Student Blogs in your Link List. Provide the following details i.e. Student Blog Title, Student Blog Address, Date and Time you added the Comment, Link to your Comment.

Answer:
Blog title – Mikefree0206
Address - http://mikefree0206.blogspot.com/
Date and time – 3/12/06 2:20 PM
https://beta.blogger.com/comment.g?blogID=8071181199794179104&postID=4474336612952423931

BL 5 Useful Websites About Copyright Part 1

2006-12-02T17:17:00.000-08:00

1. Australian Copyright Council
2. Arts Law Centre of Australia

For each of the Organisations/Resources listed above, make sure to include the following details:
o Organisation/Resource Name (as listed above – each Organisation/Resource can be a bolded heading):
o Website Title:
o Website Address:
o Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):
o Brief Overview of the Website Contents (Note: 1 paragraph or series of dot points):
o Date and Time you visited the website:

Australian Copyright Council Website Title: Australian Copyright Council's Online Information Centre

Website Address: http://www.copyright.org.au/

Brief Description of the Organisation/Resource (Often found in an ‘About Us’ section):

The Australian Copyright Council is an independent not for profit organisation.We provide information, advice and training about copyright in Australia. You'll find a lot of information about copyright in Australia on this website, including many information sheets.
Our publications include practical guides and discussion papers. We also do research, and make submissions on copyright policy issues.

Brief Overview of the Website Contents

copyright information
· Copyright basics
· Registering copyright
· Introductory information about copyright
· Getting help with a copyright problem
· copyright advice
· Law societies
· Film, video, multimedia and tv
· Other special interest areas
· Education and teaching
· Art, photography & design
· Libraries, galleries & museums
· Small businesses
· Indigenous culture & copyright
· Music & performing arts
· People with a disability
· Writing & publishing
· Copyright compliance, infringement & piracy
· Copyright clearances
· Websites, Internet, software, databases
· Permissions, compliance and infringement

Date and Time you visited the website:

http://www.copyright.org.au/ 3/12/06 11:20 AM

Arts Law Centre of Australia
Website title

The Arts Law Centre of Australia

Website address

http://www.artslaw.com.au/default.asp

Brief Description

The Arts Law Centre of Australia is the national community legal centre for the arts. Arts Law is a not for profit company limited by guarantee which was established with the support of the Australia Council in 1983 to provide specialised legal and business advice and referral services, professional development resources and advocacy for artists and arts organisations

Arts Law gives preliminary advice and information to artists and arts organisations across all art forms on a wide range of arts related legal and business matters including contracts, copyright, business names and structures, defamation, insurance and employment.
The Arts Law Centre of Australia undertakes a crucial role in responding to Government on the impact of laws and government policy on arts practice and in advocating for reform.

Brief overview

WEBSITE CONTENTS
§ Protecting Your Professional Name
§ Mediation Service
§ Performer's Rights
§ Protecting your Designs
§ Unauthorised use of your image
§ Classification and Censorship
§ Confidential Information - Protecting Your Ideas
§ Contracts: An Introduction
§ Copyright
§ Small Claims Debt Recovery and Letter of Demand
§ Defamation
§ Indigenous Legal Issues
§ Insurance
§ Privacy and the Private Sector
§ Sedition Law in Australia
§ Superannuation and Contract for Services
§ Taxation
§ Trade Marks

Date and time visited

Website - http://www.artslaw.com.au/default.asp3/12/06 11:30AM

BL 4 Da Vinci Code

2006-12-02T16:46:00.000-08:00

QUESTION 1: Background Information - “The Holy Blood and the Holy Grail”

Answer: Michael Baigent, Henry Lincoln, and Richard Leigh, authors of The Messianic Legacy, spent over 10 years on their own kind of quest for the Holy Grail, into the secretive history of early France. What they found, researched with the tenacity and attention to detail that befits any great quest, is a tangled and intricate story of politics and faith that reads like a mystery novel. It is the story of the Knights Templar, and a behind-the-scenes society called the Prieure de Sion, and its involvement in reinstating descendants of the Merovingian bloodline into political power. Why? The authors of Holy Blood, Holy Grail assert that their explorations into early history ultimately reveal that Jesus may not have died on the cross, but lived to marry and father children whose bloodline continues today. The authors' point here is not to compromise or to demean Jesus, but to offer another, more complete perspective of Jesus as God's incarnation in man. The power of this secret, which has been carefully guarded for hundreds of years, has sparked much controversy. For all the sensationalism and hoopla surrounding Holy Blood, Holy Grail and the alternate history that it outlines, the authors are careful to keep their perspective and sense of skepticism alive in its pages, explaining carefully and clearly how they came to draw such combustible conclusions.

Website http://www.amazon.com/Holy-Blood-Grail-Michael-Baigent/dp/0440136482

QUESTION 2: Background Information - “The Da Vinci Code”

Answer:With The Da Vinci Code, Dan Brown masterfully concocts an intelligent and lucid thriller that marries the gusto of an international murder mystery with a collection of fascinating esoteria culled from 2,000 years of Western history.
A murder in the silent after-hour halls of the Louvre museum reveals a sinister plot to uncover a secret that has been protected by a clandestine society since the days of Christ. The victim is a high-ranking agent of this ancient society who, in the moments before his death, manages to leave gruesome clues at the scene that only his granddaughter, noted cryptographer Sophie Neveu, and Robert Langdon, a famed symbologist, can untangle. The duo become both suspects and detectives searching for not only Neveu's grandfather's murderer but also the stunning secret of the ages he was charged to protect. Mere steps ahead of the authorities and the deadly competition, the mystery leads Neveu and Langdon on a breathless flight through France, England, and history itself. Brown (Angels and Demons) has created a page-turning thriller that also provides an amazing interpretation of Western history. Brown's hero and heroine embark on a lofty and intriguing exploration of some of Western culture's greatest mysteries--from the nature of the Mona Lisa's smile to the secret of the Holy Grail. Though some will quibble with the veracity of Brown's conjectures, therein lies the fun. The Da Vinci Code is an enthralling read that provides rich food for thought. --Jeremy Pugh

Website http://www.amazon.com/Da-Vinci-Code-Dan-Brown/dp/0385504209/sr=1-1/qid=1164802990/ref=pd_bbs_1/104-0624290-8127165?ie=UTF8&s=books

QUESTION 3: Research this case and write a summary in your own words outlining:
The initial claim and demands by Michael Baigent and Richard Leigh
Some key features of the case in relation to Copyright and Intellectual Property issues
The final court ruling, key issues supporting the court’s ruling, and consequences for the various parties involved.

Answer: The pair's main claim was that Mr Brown had lifted their idea that Jesus married Mary Magdalene, the couple had a child and his bloodline survived until the modern day.
Mr Baigent and Mr Leigh are clearly disappointed with the judge's dismissal of their claim.
However, the judge found that Dan Brown copied from their book The Holy Blood and the Holy Grail - but just not in a way that UK copyright law protects.
Mr Baigent and Mr Leigh remain committed to their case and are expected to appeal against the decision once they have fully digested the judgement in collaboration with their advisers
Mr Brown admitted to using the work while The Da Vinci Code was being written, but added it was used as one of several sources and did not use its central themes.

Website - http://news.bbc.co.uk/2/hi/entertainment/4888496.stm 3/12/06 10:15AM

QUESTION 4: Why was Sony (in its capacity as a Film company) so interested in the outcome of the case?

Answer: Sony could be liable for releasing the Da Vinci code if found fraudulent since it is based from the book

Website - http://news.bbc.co.uk/2/hi/entertainment/4888496.stm 3/12/06 10:15AM

QUESTION 5: On 07-April-2006, Jon Silverman, a legal affairs analyst for BBC News, discussed the impact of the case in relation to creative works. On the BBC News (International Version) website, find Silverman’s article – ‘No surprise’ in Da Vinci judgement. Outline the key issues raised by Silverman in relation to Copyright and creative works. Make sure you include the Website details of the Silverman article.

Answer:
Since there is no copyright in an idea, any claim for breach of copyright must rest on the way that the idea is expressed.

In this case, it was described as the "architecture" or "structure" of the work, The Holy Blood and the Holy Grail.

The plaintiffs claimed that this structure - the central theme - had been lifted by Dan Brown for the Da Vinci Code.

only hope for the plaintiffs in the Da Vinci case would have been to produce a detailed schedule showing on which pages of Dan Brown's book their ideas, language and structure had been plagiarised.

Under the Copyright, Designs and Patents Act 1988, the creators of literary, dramatic, musical and artistic works enjoy protection for original work if they can establish " a degree of labour, skill or judgement" in producing it.

That formula is crucial. The courts have denied protection to certain works, including some advertising slogans.

Once a work has been created, it will automatically be protected by copyright. No formal steps, such as registering it, need to be taken. Copyright in a literary work generally lasts for 70 years after the last remaining author of the work dies.

Website - http://news.bbc.co.uk/2/hi/entertainment/4888954.stm 3/12/06 10:45AM

BL 3: Finding Nemo

2006-12-02T03:17:00.000-08:00

QUESTION 1: What is the Website Address for BBC News?

Answer: http://news.bbc.co.uk/
QUESTION 2: After performing your Search, how many postings did your find?

Answer: 8 posts

QUESTION 3: List the Title and Date of each Posting (in ascending date order i.e. from oldest to most recent)[Too many pages to list so i'd list some]

Answer:
News - Disney sued in France over Nemo 24 Dec 2003
News - Finding Nemo case delayed 29 Jan 2004
News - Finding Nemo 'copy' case begins 24 Feb 2004
Newsround - Frenchman claims he invented Nemo 25 Feb 2004
News - French author loses Nemo battle 12 Mar 2004
Newsround - Writer loses court claim for Nemo 13 Mar 2004
News - Frenchman loses Nemo copy claim 20 Apr 2005
Newsround - Children's author loses Nemo case 21 Apr 2005

QUESTION 4: After reading the postings in date order, write a summary in your own words outlining:
The initial claim and demands by Franck Le Calvez
Some key features of the case in relation to the claim of Copyright and Trademark Infringement
The final court ruling, key issues supporting the court’s ruling, and consequences for the various parties involved.

Answer: wanted to ban disney from selling nemo toys and books claimed that it was too similar to the fish story in 1995 called Pierrot the clown fish. Pierrot was registered as a trademark for Flaven Scene publishing house in February 2003. But Pixar thought up the idea of Nemo and registered their copyright The judge decided that there wasn't enough similarities to back le calvez's claims that disney stole his idea. Le Calvez was ordered to pay a total of 38,000 euros in damages to Disney and Pixar Animation. also ordered to reimburse legal fees of 23,000 euros to the three companies and to pay the cost of advertising the ruling.

Websites visited -
http://news.bbc.co.uk/2/hi/entertainment/4466533.stm 2/12/06 10:15PMhttp://news.bbc.co.uk/2/hi/entertainment/3516675.stm 2/12/06 10:45PM

BL2: CUFADM02A Posting: Plagiarism and Copyright

2006-12-02T00:35:00.000-08:00

Plagiarism and Copyright

Question 1: What is the Website Title and Website Address of the Plagiarism Tutorial completed in Week 3 of the CUFADM02A Address Copyright Online Course, in Semester 2 2006 (i.e. Week Beginning 06-November-2006)?

Answer:Website
Title:The Fraud of plagiarismWebsite
Address: http://www.cte.usf.edu/plagiarism/plag.html

Question 2: Briefly describe what is meant by Plagiarism

Answer:Plagiarism is the practice of claiming or implying original authorship of material which one has not actually created, such as when a person incorporates material from someone else's work into his own work without attributing it.

Question 3: Briefly describe how to avoid Plagiarism rephrase the idea

Answer:keep track of the sources used, and record them accuratelyrephrase the ideacrediting other peoples work

Question 4: Briefly outline the relationship between Plagiarism and Copyright

Answer:violation of copyright law. The copying of a few sentences for a quotation is fair use under copyright law, but, if not attributed to the true author, it is plagiarism. Copyright is copying something directly while plagiarism is copying something and claiming it as your own.

References
http://en.wikipedia.org/wiki/Plagiarism
http://en.wikipedia.org/wiki/Copyright_law

BL 1 part 1 & 2:About Me

2006-12-02T00:32:00.000-08:00

A blog is a website where entries are made into a journal for people to freely view

ABOUT ME

My name is john I'm a student at TAFE studying Advanced Diploma of Screen.