The Jolly Contrarian

Copyright: Difference between revisions

Page Discussion

Copyright (view source)

Revision as of 21:21, 5 December 2020

1,305 bytes removed ,  5 December 2020
no edit summary
(Created page with "===On the distinction between copyright and confidence=== The key thing is to distinguish between breach of copyright and breach of confidence. ====Breach of copy...")
 
No edit summary
 
(6 intermediate revisions by the same user not shown)
Line 1: Line 1:
===On the distinction between copyright and [[confidence]]===
{{def|Copyright|/ˈkɒpɪrʌɪt/|n|
The key thing is to distinguish between [[breach of copyright]] and [[breach of confidence]].
[[File:Copyright.jpg|450px|center]]
====Breach of copyright====
}}''see also: [[Information]]''<br>
Copyright subsists in the particular articulation of the information, rather than in the information per se. To breach of copyright is to deny a copyright owner the commercial benefit of its creation: e.g., by accessing for free something the copyright owner wants you to pay for. In other words:
{{copyright and confidence}}
*I ''can’t'' copy ''Harry Potter and the Philosopher’s Stone'' without J.K. Rowling’s permission;
*But I ''can'' tell you the plot.
====Breach of confidence====
Breach of confidence is less about the ''form'' of the information and more about the ''content'': If I have signed a [[confidentiality agreement]] I can copy confidential information to my heart’s content, as long as I only use it within the bounds of the licence I have been granted. In other words as long as I don’t disclose the ''substantive content'' of that information to anyone else. Here the forbidden action is “telling you the plot”: I could do that either by:
*Giving you a full copy of the material
*Telling you the plot without copying anything at all.
Breach of confidence is where the real compliance issues lie because it implies –
*The Information that is non-public: therefore there are significant market abuse, insider dealing issues;
*It is the substantive content and not the particular form of the information that is valuable.
===Examples===
===Examples===
====Investor presentation materials====
====Investor presentation materials====
Line 23: Line 14:
*a '''real risk''' of copyright infringement: here the very business motivation for creating them is that people who read them will be prepared to pay for them  
*a '''real risk''' of copyright infringement: here the very business motivation for creating them is that people who read them will be prepared to pay for them  
*a '''low risk''' of breach of confidence: By definition this information is in the public domain – anyone who wants to pay for it can have it.
*a '''low risk''' of breach of confidence: By definition this information is in the public domain – anyone who wants to pay for it can have it.
{{sa}}
*[[Confidence]]
*[[Confidentiality agreement]]
*[[Email signoff]]
Retrieved from "https://jollycontrarian.com/index.php?title=Special:MobileDiff/10323...49643"