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A question of copyright
Shrink wrap licences A recent Scottish decision which is persuasive for English law suggests that the Courts will enforce “shrink wrap” literms for cense software. Shrink wrap licenses are already com-
case to rule on the issues involved. As a result, software companies should be very clear as to what steps they intend a purchaser should take to “accept” software. Equally, purchasers of
mon in the software industry. Anyone who buys an item of ‘off-theshelf software will be familiar with the concept that the terms must be read and accepted before the seal on the packaging is opened and the software used.
‘off-the-shelf software should be very careful to comply with the requirements of shrink wrap licenses.
This is the first UK
Double fine issu.ed by DPR UK based Guinness Flight Investment Management Ltd and their sister company Guinness Flight Investment Trust Managers Ltd have been fined &3000 each plus costs for failing to renew their registration under the Data Protection Act 1984. The companies appeared before a UK Magistrates Court in September and were prosecuted under section 5(l) of the Act after
being investigated as unregistered data users for the period 15/09/95 to 24/04/96. Data Protection Registrar, Elizabeth France commented, “these fines show how seriously the courts take this matter, but I am concerned at the number of organizations who still do not recognize the serious implications of processing personal data without being registered”.
Danelle Dinsdale is a partner in the IT G Telecommunications Group of: Dibb Lupton Alsop, the UK’s 7th largest-legal firm.
A question of copyright A recent case in the construction industry may have a significant impact in the computing world. The case was about architect’s drawings, but the judgement widens the definition of joint ownership of copyright and may have a relevance to the question of ownership of software. In Cala Homes v Elford McAlpine Homes, it was held that, because the person commissioning the architect’s drawings played a large part in
been the only input that was relevant to the decision of ownership.
conceiving and developing the designs for new buildings in collaboration with the third party designer, the commissioner could also be a joint author of the drawings. The judge stated that “it
Computer Audit Update l October 0 1996, Elsevier Science Ltd.
1996
was wrong to think that the only person who carried out the mechanical act of fixation was an author”. Whilst the third party designer may be applying skill and expertise, this may not have
This blurring at the edges as to precisely who is the copyright owner in general law makes it absolutely imperative that copyright ownership of new software is decided at the very earliest stages of a development project possibly even before a functional specification is drawn up. Danelle Dinsdale
case to rule on the issues involved. As a result, software companies should be very clear as to what steps they intend a purchaser should take to “accept” software. Equally, purchasers of
mon in the software industry. Anyone who buys an item of ‘off-theshelf software will be familiar with the concept that the terms must be read and accepted before the seal on the packaging is opened and the software used.
‘off-the-shelf software should be very careful to comply with the requirements of shrink wrap licenses.
This is the first UK
Double fine issu.ed by DPR UK based Guinness Flight Investment Management Ltd and their sister company Guinness Flight Investment Trust Managers Ltd have been fined &3000 each plus costs for failing to renew their registration under the Data Protection Act 1984. The companies appeared before a UK Magistrates Court in September and were prosecuted under section 5(l) of the Act after
being investigated as unregistered data users for the period 15/09/95 to 24/04/96. Data Protection Registrar, Elizabeth France commented, “these fines show how seriously the courts take this matter, but I am concerned at the number of organizations who still do not recognize the serious implications of processing personal data without being registered”.
Danelle Dinsdale is a partner in the IT G Telecommunications Group of: Dibb Lupton Alsop, the UK’s 7th largest-legal firm.
A question of copyright A recent case in the construction industry may have a significant impact in the computing world. The case was about architect’s drawings, but the judgement widens the definition of joint ownership of copyright and may have a relevance to the question of ownership of software. In Cala Homes v Elford McAlpine Homes, it was held that, because the person commissioning the architect’s drawings played a large part in
been the only input that was relevant to the decision of ownership.
conceiving and developing the designs for new buildings in collaboration with the third party designer, the commissioner could also be a joint author of the drawings. The judge stated that “it
Computer Audit Update l October 0 1996, Elsevier Science Ltd.
1996
was wrong to think that the only person who carried out the mechanical act of fixation was an author”. Whilst the third party designer may be applying skill and expertise, this may not have
This blurring at the edges as to precisely who is the copyright owner in general law makes it absolutely imperative that copyright ownership of new software is decided at the very earliest stages of a development project possibly even before a functional specification is drawn up. Danelle Dinsdale