Иностранный язык (европейский) (стр. 15 )

Copyright is a right subsisting in original literary, dramatic, musical and artistic works and in sound recordings, films, broadcasts and cable programs, as well as the typography of published editions. Copyright holders possess economic rights associated with their works, including the essential right to prohibit unauthorised use of the works. The most common requirements for copyright protection are that the work must be in material form (i. e. not just an idea) and it must be original in the sense that the work 'originates' from the relevant author. Copyright only provides a partial monopoly in a work, as various rules provide exceptions by which a work may be copied without infringing on the rights of the author. A good example of such an exception is the right of fair use recognised in the United States.

Of course, infringement of intellectual property rights may result in enforcement actions being brought against the infringing party. As part of these actions, remedies might include damages, injunctions and account of profits, depending on the right infringed and the extent and nature of the infringement.

1.  Read the text and decide which of the terms in bold match these definitions.

1)  exclusive right granted to authors of creative works to control the use of their original works

2)  exclusive right granted by a government to an inventor which prevents others from making, using or selling his or her invention

3)  distinctive registered mark used by a business to identify itself and its products or services to consumers

4)  official order from a court that stops someone from doing something

2.  Match the two halves of these definitions of key terms from the text. Consult the dictionary if necessary.

1)  The term passing off refers to the practice of a company	a.  which prohibits the copying of an original, non-commonplace design of the shape or configuration of a product.
2)  The term design right refers to a right	b.  which prohibits a specific action from being carried out in order to prevent damage or injury.
3)  The term cybersquatting refers to the practice	c.  illegally trading on the reputation of another company by misrepresenting its goods or services as being those of the other company.
4)  The term injunction refers to an order issued by a court	d.  which it does not want others to know about.
5)  The term trade secret refers to the intellectual property of a business	e.  of registering a trade mark as a domain name with the intention of later selling it to the rightful owner.

3.  Explain what is meant by these terms related to intellectual property rights in your own words. Use the sentences in Exercise 2 as models.

1)  intangible rights

2)  right of fair use

3)  infringement of rights

5.2 Licensing agreements and computer programs

Translate words and collocations with the dictionary.

Trainee licensor licensee deem shrink-wrap license

breach of copyright reserve the right to negligence confer rights exclude

Find in the text the English equivalents of the following:

программный продукт; лицензионные соглашения; доход от лицензирования; согласно условиям лицензии; первоначальная установка; условия, указанные в лицензии; закон об авторском праве; впоследствии с внесёнными поправками и изменениями; литературные произведения; неразрешенное использование; лицензия на использование программного обеспечения; по необходимости; неисключительный; программное обеспечение, сделанное на заказ; пункт об обязательствах; оговорка освобождения от ответственности; оговорка, ограничивающая ответственность; прямо выраженные условия; нормы по авторским и смежным правам.

A.  Licences and software products

Alice Glenn, a solicitor, is talking to a Dutch trainee about licensing agreements, also known as licence agreements.

'We work in a number of sectors with licensors and licensees, establishing compliance programs for licensing and distribution, and advising on licensing revenues. In the computer software sector, the authorised licensor grants a licence to a purchaser of the software products, under the terms of the licence. The grant of such a licence is often held, or deemed, to enter into effect with the initial installation by the purchaser of the product in their computer, or even upon breaking the seal of the packaging enclosing the product. In the US this is known as a shrink-wrap license. When this happens, the purchaser is deemed to accept the terms and conditions enshrined within the puter programs are specifically protected by copyright law in the UK under the Copyright, Designs and Patents Act 1988 as subsequently amended. The Act provides that 'copying' a program, or anything else falling within the definition of 'literary works', will be a breach of copyright.

The aim of software licences is to permit the licensee to copy the software as is necessary for the successful use of the product, whilst restricting the unauthorised use of the software. A software licence for products sold in mass will of necessity be non-exclusive, as other licences with the same terms will be granted to other purchasers of that product. In contrast, the purchase by a business of bespoke software, that is, made to order software, usually involves the negotiation of a licence which allows use by multiple systems, and therefore copying, although the number of users and their geographical location, as well as the permitted use, may well be specified. The Licensor will usually reserve the right to enter into similar licences with other purchasers. In such licences, the liability clause will often be the subject of much negotiation and the means for enforcing it will be of concern, to the licensor.'

B.  Exclusion and limitation clauses

'As with any other contract, the licence will contain express terms. These must, however, be interpreted against a background of statutory regulation. The licensor cannot contract out of these, although the standard terms of some software licences may claim, or profess, to limit the liability of the supplier for loss or damages arising from the use of the software. The extent to which such clauses will be successful depends upon the loss in respect of which a claim is made, and whether or not negligence is involved. As you're aware, it's not possible to exclude liability for death or injury due to negligence. Software licences differ crucially from other copyright permissions in that statutory regulation which has been developed alongside the developing technology has restricted the extent to which the permissions may control use. For example, the Copyright (Computer Programs) Regulations 1992 and the Copyright and Related Rights Regulations 2003 confer rights upon licensees which cannot be contractually excluded.'

1.  Replace the underlined words and phrases in the following clauses from software licensing contracts with alternative words and phrases from A opposite. Pay attention to the grammatical context. There is more than one possibility for two of the answers.

1)  The purchaser of the Licence agrees to uphold these copyrights.

2)  Caklyn Enterprises, Benbecula, is the owner of the copyright of the program.

3)  By opening the Package or installing the product, the Licensee agrees to be bound by all the terms and conditions of this Agreement.

4)  Caklyn Enterprises grants a non-sole Software Licence to the Licensee.

5)  This licence agreement starts to operate at the time you open the Package and is effective until terminated.

6)  The Licensee may terminate this official document permitting use at any time by destroying the Software together with all copies.

7)  The computer program provided along with this Licence is licensed, not sold, to you by Caklyn Enterprises for use only according to the conditions of this Licence.

8)  If the Software is installed on a common disk and used by many systems, an additional Licence must be given by Caklyn Enterprises for each system.

9)  The Software is taken care of by law which controls its use.

10)  If any provision of this Licence shall be held by a court of competent jurisdiction to be contrary to law, that provision will be put into effect to the maximum extent permissible.

2.  Choose the correct word in brackets to complete the sentences. Look at A and В opposite to help you.

1)  You agree that you will not cause or (exclude/permit/restrict) the removal of any copyright notices from the licensed software.

2)  The licensor (reserves/confers/permits) any rights not expressly granted to the licensee.

3)  Statutory regulations prevent you from (permitting/professing/excluding) liability under the contract.

4)  The agreement (professed/deemed/conferred) to grant an exclusive licence.

5)  Use of the supplied software is (permitted/restricted/reserved) to a single machine.

6)  The licensee is (professed/permitted/deemed) to agree to the terms of the licence when they open the software packaging.

5.3 Copyright and patent

Translate words and collocations with the dictionary.