Copyright for DVDs - High-Tech Development - Blessing or Curse?

Seminar paper from the year 2003 in the subject Law - Media, Multimedia Law, Copyright, grade: 62 %, Bond University Australia (Law School), course: Intellectual Property, language: English, abstract: Following up the last mentioned development, the copyright of DVD’s andthe protective sanctions, which the copyright owners of the film industryimposed, will be the central focus of the assignment. However, the paper willnot address the issue of downloading film data from the Internet. For thepurpose of that paper, the question of backing up purchased DVD’s will bethe major focus.Under the Copyright Act 1968 (Cth), film is defined under secondary work. Inorder to distinguish works from secondary works, the Copyright Act 1968defines “protection of forms of expression that are artistic, literary, dramaticand musical items”4 as works, whereas mechanical rights, “such as films,sound recordings, television broadcasts and published editions”5 are definedas secondary work. The reason for that differentiation is that secondary workis generally based on a work. However, the copyrights exist independent ofeach other simultaneously.6Furthermore, “film is defined as the aggregate of visual images capable ofbeing shown as a moving picture, including the soundtrack.”7 This alsoincludes movies which are made by computer animation, such as FindingNemo for example. Moreover, even interactive video games fall under thedefinition of film since the decision of Saga Enterprises LTD v GalaxyElectronics Pty Ltd (1997) 147 ALR 2. However, the paper will not deal withcinematographic films defined under that case (interactive games) but willonly focus on movies in a classical understanding.As previously mentioned, the film industry developed several protectivestrategies, which were supposed to resist against copyright piracy. However,the copyright owners had to face several bitter discomfitures. A 15-year-oldNorwegian used basic mathematic formulas and cracked the protective code.New high-tech technology offers devices for easy DVD copying of alreadypurchased products. The segmentation of the market in several area codes isfacing the test of the infringement of competition law. Also subject to thequestion of competition law was the question dealt with in the Australiancase Australian Video Retailers Association Ltd v Warner Home Video Pty Ltd[2001] FCA 1719, where Australian Video Retailers refused to accept theWarners approach of introducing two different DVD types on the market, onefor retail and one for rental.[...]4 Quirk, P., Forder, J., Electronic Commerce and The Law, p. 181.5 s. above, p. 181.6 s. above, p. 181.7 s. above, p. 187.