Information and Communication Technology | Intellectual Property

Chapter Notes: Intellectual Property

Hey everyone! Welcome to our study notes on Intellectual Property. Ever wondered who owns a song, a movie, or the software on your phone? And what are the rules for using them? That's exactly what we're going to explore!

Understanding this topic is super important because in our digital world, we create and use "intellectual property" every single day. Learning the rules helps you use technology legally, ethically, and responsibly. Let's get started!

1. What is Intellectual Property & Copyright?

Don't worry, this sounds more complicated than it is! Think of it like this: if you build a chair, it's your physical property. If you write a song or code an app, that's your intellectual property – a creation of your mind.

Intellectual Property (IP): This is the broad, umbrella term for creations of the mind. It includes inventions, literary and artistic works, designs, symbols, names, and images used in commerce.

Copyright: This is a specific type of IP that gives the creator of an original work exclusive rights to it. It's the most common type we deal with in ICT. Copyright automatically protects:

• Software and computer programs
• Books and articles
• Music and song lyrics
• Photos and videos
• Websites and graphics

An easy way to remember: Copyright is the right to copy. The creator is the ONLY one with this right automatically. They can then give permission to others.

Key Takeaway

Intellectual Property is the big category of "mind creations." Copyright is the specific legal right that protects original works like software, music, and photos as soon as they are created.

2. Software Licensing: The Rules of the Game

When you get a piece of software, you don't usually own the software itself; you're buying a license to use it. The license is the rulebook that tells you what you can and can't do. Let's look at the main types.

Copyrighted Software (or Commercial Software)

This is software that you must pay for before using. It's protected by copyright and has strict limitations.

• User's Perspective:
  Benefits: Usually comes with professional support, regular updates, and is reliable.
  Risks: Can be expensive. You cannot legally copy or share it with friends.


• Developer's Perspective:
  Benefits: A direct way to earn money from their creation, which funds future development and support.
  Risks: High risk of software piracy (illegal copying).

Shareware

This software is free to try for a limited time or with limited features. After the trial period, you are expected to pay to continue using it fully.

• User's Perspective:
  Benefits: You can "try before you buy" to see if you like it.
  Risks: The free version might be missing key features or stop working after a set time (e.g., 30 days).


• Developer's Perspective:
  Benefits: It's a great marketing tool. It lets many people try the software, and some will convert to paying customers.
  Risks: Many users may never pay for the full version after the trial ends.

Freeware

This software is completely free to use. There's no time limit or missing features. However, it is still protected by copyright, meaning you can't modify or sell it.

• User's Perspective:
  Benefits: It costs nothing!
  Risks: Often comes with no customer support, updates, or warranty.


• Developer's Perspective:
  Benefits: Can be used to build a large user base quickly or to promote a paid "pro" version of the software.
  Risks: No direct income is generated from the software itself.

Open Source Software (OSS)

This is a special category. Not only is the software free, but the source code is also available. This means anyone can view, modify, and distribute the code.

• User's Perspective:
  Benefits: It's free, highly customisable, and often supported by a large community of volunteers.
  Risks: May require more technical knowledge to use and might lack the polished feel of commercial software.


• Developer's Perspective:
  Benefits: Collaboration with a global community can lead to rapid improvement and bug fixing.
  Risks: It can be difficult to make money directly from the software. Business models often rely on selling support or services instead.

Key Takeaway

Always check the license! It tells you your rights and restrictions. The four main types – Copyrighted (Commercial), Shareware, Freeware, and Open Source – each offer different benefits and risks for both users and developers.

3. Copyright Infringement & Piracy

Copyright infringement means using someone's copyrighted work without their permission. When this involves software, movies, or music, we often call it piracy.

Common examples of infringement include:

• Downloading music or movies from illegal websites.
• Installing a paid software program on multiple computers using a single license when the license doesn't allow it.
• Copying an image from a photographer's website and using it in your own project without permission.
• Sharing files of commercial software online for others to download.

The Consequences of Infringement

Infringement isn't a victimless crime. It has real-world consequences.

• Social Implications: It's unfair to the creators who worked hard to produce the content. If creators can't earn a living, they may stop creating new things, which harms society.
• Economic Implications: Piracy causes companies to lose billions of dollars. This can lead to job losses and higher prices for legitimate users.
• Legal Implications: In many places, including Hong Kong, copyright infringement is a crime that can lead to heavy fines and even jail time.

Key Takeaway

Illegally copying, sharing, or using copyrighted material is called infringement or piracy. It has serious social, economic, and legal consequences for everyone.

4. Protecting Digital Property

Since digital files are so easy to copy, how do creators protect their work? There are several technological measures in place. The syllabus highlights two key ones:

Digital Watermark

A digital watermark is a piece of information that is secretly embedded into a media file (like an image, video, or audio file) to identify its owner.

Analogy: Think of the faint logo you see across a sample photo from a professional photography website. That's a visible watermark. There are also invisible watermarks that can only be detected with special software. Both are used to trace the ownership of a file if it's used without permission.

Digital Signature

A digital signature is not about ownership, but about authenticity and integrity. It's a mathematical technique used to verify that a message or document is authentic (it really came from the person who claims to have sent it) and hasn't been tampered with.

Analogy: It's like a tamper-proof digital seal. If you receive a document with a valid digital signature, you can be sure who sent it and that nothing in the document was changed along the way.

Key Takeaway

Creators use tools to protect their work. A digital watermark proves who owns a file, while a digital signature proves a file is authentic and hasn't been altered.

5. The Law in Hong Kong (Especially for Students!)

This part is really important for you! The laws protecting intellectual property are taken very seriously in Hong Kong under the Copyright Ordinance.

Knowingly infringing on copyright is a criminal offence. The consequences can be severe. But what does this mean for schoolwork?

Using Materials in Education

The law includes "fair dealing" exceptions for research and private study. This means you can copy a reasonable portion of a work for your school project without permission.

• DO: Copy a few paragraphs from a website for your research report and list the source in your bibliography. This is usually considered fair.
• DON'T: Photocopy an entire textbook to avoid buying it, or use a copyrighted song as the background music for a public video without a license. This is likely infringement.

The Golden Rule: Acknowledge Your Sources!

One of the most important habits to develop is to always acknowledge your sources. Whether you use text, an image, or an idea from somewhere else, you must give credit to the original creator. This is a key part of using ICT ethically and legally. It also protects you from being accused of plagiarism.

Did You Know?

Under the Hong Kong Copyright Ordinance, even making infringing copies for distribution within a school could lead to legal action. It's everyone's responsibility to respect copyright!

Key Takeaway

Copyright law in Hong Kong is strict. For school, you can use copyrighted materials under "fair dealing," but you must use them reasonably and always, always, always cite your sources.