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Template:Copyright and confidence: Difference between revisions
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===On the distinction between [[copyright]] and [[confidence]]=== | ===On the distinction between [[copyright]] and [[confidence]]=== | ||
The key thing is to distinguish between [[breach of copyright]] and [[breach of confidence]]. The former is a property right over the [[form]] of information; the latter a contractual | The key thing is to distinguish between [[breach of copyright]] and [[breach of confidence]]. The former is a '''[[property right]]''' over the [[form]] of information; the latter a '''[[contractual right]]''' over the [[substance]] of information. | ||
*'''[[Breach of copyright]]''': 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 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 copyright]]''': 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 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, ''or'' telling you the plot without copying anything at all. [[Breach of confidence]] creates heightened compliance issues, implying as it does that the {{confiprov|confidential information}} is not public, presenting risks of market abuse and insider dealing. | :'''[[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, ''or'' telling you the plot without copying anything at all. [[Breach of confidence]] creates heightened compliance issues, implying as it does that the {{confiprov|confidential information}} is not public, presenting risks of market abuse and insider dealing. | ||