C O P Y R IG H T

W hat does it protect?

Copyright is an intangible incorporeal right to
certain literary, scholarly, scientific and artistic
productions granted by statute to the author or
creator of the work, and giving him, his heirs
and assigns copyright or economic rights, which
shall consist of the exclusive right to carry out,
authorize or prevent the following acts:
a) Reproduction of the work or substantial
portion of the work;

b)
Dramatization,
translation,
adaptation,
abridgment,
arrangement or other transformation
of the work;
c) The first public distribution of the
original and each copy of the work
by sale or other forms of transfer of
ownership;

d) Rental of the original or a copy of an

audiovisual or cinematographic work, a
work embodied in a sound recording, a
computer program, a compilation of data
and other materials or a musical work in
graphic form, irrespective of the ownership
of the original or the copy which is the
subject of the rental;
e) Public display of the original or a copy of
the work;

f) Public performance of the work; and

g) Other communication to the public
of the work

Cloud Com puting

Cloud computing
means storing and
accessing data and
programs over the
Internet instead of
your computer's hard
drive.

H ow does copyright infringem ent happen in

the cloud?

Cloud provider or operator

Centralized cloud applications

( Facebook or Twitter )
Servers
User

 User
Cloud Provider or Centralized Cloud

Application

The first step to analyzing whether a

user would breach copyright is to view
the cloud providers terms of use. The
terms of use may contain a license
permitting the user to make copies the
uploaded material.

Term s and Conditions

D isney Enterprises,Inc.etal.,v.H otfi

le Corp.,etal

The Hotfile website allows any user to upload

content, including video files, to its servers.

The user is then provided with a unique URL
that can be used by anyone to download the
content.
The movie studios alleged that Hotfile knows

that the most popular files it hosts are

copyright-infringing, and that by encouraging
users to upload and link to popular content
Hotfile is encouraging them to infringe

Court decision:
The court held that the fact that Hotfile makes
multiple copies of each uploaded work does not
make its conduct volitional, because those copies
are automatically made at the user's instigation.
The court have gone further in also concluding
that because there were no allegations that Hotfile
"uploaded the copyrighted work itself or used
software to search for material to upload it could
not be directly liable.

"there should still be some

element of volition" for direct liability
to attach, and that Hotfile cannot be
directly liable merely because it
owns and manages an internet
service that allows users to store and
access copyrighted content.

H ow does vicarious liability attach to the cloud

provider?
Perfect 10, Inc. v. Megaupload Ltd., et
al., 2011
The court dismissed Perfect 10's vicarious liability claim

because Perfect 10 failed to allege that Megaupload

operated a "closed" system that allowed it to terminate
registered users for infringing conduct.
Perfect 10 alleged that anyone could download files on

the service without registration, the court found that the

requisite control and supervision for a vicarious liability
claim was not present.

Conclusion
For the service provider to be liable it needs

to be the one which directly uploads the

copyrightable material to the cloud without
the permission of the owner.
If a user under the cloud uploaded the

material the cloud provider is not liable.

The job of the cloud provider is to take down

what was uploaded to avoid vicarious liability.

 Vicarious liability only arises when, the service

provider has control and supervision over the

uploaded content and takes responsibility of
sending take down notices to identified copyright
infringing materials and failed to do so.

Absent

specific
knowledge
of
particular
infringements, the service provider had no
obligation to investigate possible infringing
activity and would be eligible for protection from
liability.

Autonom ous or N ear-Autonom ous

Vehicles

Mercedes Benz F015

W hat is copyright protected?

Complex Software Coding - There are
three things required to turn a regular car
into an automated one.
The first is a GPS system.
The second is a system to recognize

dynamic conditions on the roads.

And the third is a way to turn the
information from the other two systems
into action on your ride.

H ow is there infringem ent

According
to
automakers
provisions in Digital Millennium
Copyright Act could prohibit home
mechanics and car enthusiasts
fromrepairingand modifying their
own vehicles including thereof the
complex software that runs the
vehicle.

Freedom ofthe consum er vs.Copyright claim s

ofthe m anufacturer

According to the manufacturer they are still

the owners of the complex software coding in
the car.
End users on the other hand allege that the
act of tweaking the software after purchase
does not constitute copyright infringement.
Because after the car is bought, ownership is
transferred to them.

Thank You! :D