Glossary
Disclaimer
The following glossary of terms is not a definitive list and should not be relied on as an official legal source. Readers are advised to refer to the Copyright Act 1994 for the meaning of terms referred to in this paper that are defined in the Act. The definitions below are provided as a supplementary resource for the purposes of this discussion paper only. Readers should seek advice from an appropriate resource or duly qualified professional person for authoritative definitions of the terms in this glossary.
Technical Terms
Access-protection - a technological protection measure that restricts unauthorised access to a copyright work, usually in the form of a software program and/or hardware as part of a computer, an audiovisual or audio device. Access-protection measures include means of preventing information, films or sound recordings stored on certain optical disks from being played on certain players (such as zoning systems, for example those used to allow DVD zoning in relation to films). It can also refer to systems that use encryption or a software key to access material or information stored on a digital format. (See also Copy-protection.)
Analogue - describes the way information is represented in the form of continuously varying wave forms, for example a modulated radio signal or the variation in width and depth of the groove in a vinyl music record. Copying or transcribing analogue information for storage and transmission always involves some degradation of quality since reproduction can never be perfect. (See also Digital.)
Bandwidth - the capacity of a transmission medium for transfer of information. Wide (or high) bandwidth means being able to transmit information such as a full television channel, compared with (say) a single telephone call. A digital full motion television channel requires as much bandwidth as 100 telephone conversations.
Browser - a program which interprets a Web (hypertext) document allowing it to be read on a computer screen. Browsing the Web is using a browser to look for information on the Internet.
Bulletin board - a computing system, usually (but not necessarily) connected to the Internet, which can be accessed by diverse people to exchange messages. Electronic bulletin boards mimic many of the features of a physical notice board, with users being able to post messages for others to read.
Cache - an electronic cache is a means of temporarily storing files copied from some other source. In the context of the Web a cache is usually a section of magnetic disk storage which is used to store documents being transferred across the Internet. Such a cache is often used by an ISP or a local browser (on a user's own computer) to reduce the time and cost, and increase the reliability, of retrieval of information across the Internet. Caching is the process of storing files in a cache.
CD-ROM - Compact Disk - Read Only Memory. A CD-ROM is a 118 mm plastic disk with information represented by holes or pits in a thin metal film and capable of storing up to 800 Megabytes. The information is read as variations in reflected light from a small laser. CD-ROMs and music CDs are physically identical but the information is encoded differently. CD-ROMs and music CDs are a type of, and are sometimes called, Optical Disks. Smaller size optical disks are becoming more common, such as Sony MiniDiscs. Some types of CDs are erasable or may be written to once (then the information can be read as many times as required).
Click-wrap licence - a licence concerning the use of a copyright work, usually a software product, that includes pre-drafted terms and conditions of sale that consumers are required to agree to before being able the work. These terms and conditions are usually non-negotiable. A consumer is required to mouse "click" on an "agree" button before being able to load or use the program. (See also Shrink-wrap licence.)
Code - means of representing data/information in digital form. For example, the ASCII code (American Standard Code for Information Interchange) represents letters of the alphabet and other symbols in the form of seven digital bits (single binary digits, eight of which comprise a byte). The term also refers to the representation of computer programs, as in source code (human readable form) or machine code (a form which can be interpreted by a computer), and writing a program is sometimes described as coding (see also Software). Encoding is the process of converting information into a particular code.
Compression - data compression is a process by which digital information can be reduced in volume so that it takes up less space on a storage device or can be transmitted over a communications link more quickly than the uncompressed information. There are many types of data compression, some of which result in the loss of some information ("lossy" compression) and thus reduced quality of reproduction. These are often used for the storage and transmission of graphical, video or audio information (MP3 is an example of a lossy compression standard for audio information.)
Computer - a programmable machine comprised of hardware, including electronic components for the storage and manipulation of digital signals and devices for storing, inputting and displaying digital information.
Copy-protection - a technological protection measure that restricts unauthorised copying of a copyright work, usually in the form of a software program and/or hardware as part of a computer, an audiovisual or audio device. Copy-protection measures might prevent any copies being made or might only allow copies to be made from an original copy. (See also Access-protection.)
Data and Information - in the context of computing, there is no useful distinction to be drawn between these terms. Both describe the representation in some coded form of digital information.
Database - (electronic database) an organised collection of information stored in a computer system (usually in a database management system or DBMS) which allows the content to be retrieved readily.
Digital - describes the way information, whether numbers, text, pictures or sound, is represented as strings of 0s or 1s (digital bits). Information in digital form can be distributed, copied, stored or manipulated in many different ways without loss of quality. Storage media for digital information is electronic, and includes computer memories, CD-ROM, and DVD. Digitisation is the conversion of analogue or print information (for example, sound or a graphical image) into digital form. (See also Analogue and Electronic.)
Digital water-marking - the embedding of code or information within a digital copy of a copyright work or other material that cannot easily be removed. It might also be undetectable to users. The information contained in a digital water-mark will usually be electronic rights management information. Water-marking technology can allow copyright owners and other rightholders to authenticate digital copies as originals, trace the source of unauthorised copies and potentially also provide information on the use made of digital works.
Download - copying of information (such as a computer program or MP3 file) across an electronic network (such as the Internet) for storage on a local computer system.
DVD (Digital Video, or Versatile, Disk) - a 118 mm plastic disk, very similar in most respects to a CD-ROM but capable of storing up to 17 Gigabytes of digital information (about 20 times that on a CD-ROM).
Electronic - caused or operated by electric, magnetic, electro-magnetic, electro-chemical, or electro-mechanical energy. "Electronic" is sometimes used interchangeably with "digital". Most forms of electronic storage will be digital, but electronic storage can also be analogue (for example, some forms of electro-magnetic or magnetic storing data). (See also Digital and Analogue.)
Electronic mail (e-mail or email) - a message stored in digital form and intended for transmission over a computing system or network to another user of the system or network.
Electronic rights management information systems - electronicinformation that can identify the copyright owner, creator or other rightholder in relation to a work or information about the terms and conditions of the work under which a copy is sold to inform consumers and users. Such information can also appear in connection with the communication to the public or making available of works to the public. Digitalwater-marking technology also allows to be embedded in the work copyright owners to authenticate digital copies and to trace the source of unauthorised copies. In the future, the inclusion of electronic rights management in copyright works might allow for automatic rights clearance and the collection of copyright royalties.
Encode - see Code.
Encryption - means of encoding a message so that only those with a particular piece of information known as a key can access and decode the information. Modern computer-based encryption systems are such that encrypted information may be practically impossible (at least with present technology) to decode without the key.
Fibre optic cable (fibre optics) - a cable consisting of a bundle of glass fibres with a strong steel core used for the transmission of information in the form of light signals.
Files - collections of digitalinformation for storage on a computer. Under the Microsoft Windows operating system, types of information are distinguished by a three letter file name extension, such as .txt (text), .doc (Microsoft Word document) or .mp3 (one form of musical or audio information). Note that file naming conventions under other operating systems do not necessarily use this form of name.
Format shifting - copying of information (often music) from one form of storage to another. Thus music stored in an analogue format might be converted to and stored in a digital format or music stored as digital information might be copied from one format to another (for example, from a CD to an MP3 player (or the reverse)).
Hardware - electronic and other physical componentry making up a computer system or other type of electronic device.
Hyperlink - a means of jumping from one electronic document on the Web to another. The linking information is in the form of coding that includes the URL of the second document.
Hypertext - text that includes linking information (on the Internet, in the form of hyperlinks) to other, usually related, documents.
Information - see Data.
Interactive - description of a computer or network system that responds in some way to information provided to it by a user. Thus an interactive program is one which can accept information and modify its behaviour while it is being run, for example a computer game. Similarly an interactive website is one where it is possible to enter information, such as credit card details in order to make a purchase, or where it is possible to select from a menu of options.
Internet - a network of computer systems interconnected using the Transmission Control Protocol/Internet Protocol (TCP/IP) set of communication standards. The Internet runs over virtually all telecommunications technologies. It has no central authority, control, or ownership, and its continued functioning depends on co-operation between peer network operators.
Internet Service Provider (ISP) - a business which, typically, facilitates access to the Internet through dial-up or fixed telecommunications links, usually in connection with a range of other services such as email mailboxes, website hosting and design, search engines or Internet-related consulting.
Intranet - a section of the Web which is only accessible to a closed group, such as within an organisation.
LAN - (Local Area Network) a computer network, usually privately owned, covering a limited area such as a building or campus, as opposed to a Wide Area Network (WAN). Specifically, a LAN is not carried on a public telecommunications service whereas a WAN usually will be. A LAN is often associated with an intranet.
Make available - the "posting" or storage of material or information on a computer or server connected to the World-Wide-Web or connection of a computer containing material or information for access using the Internet or an intranet. The making available to the public of material of information refers to situations where the material can be accessed by anyone with Internet services available to them - as opposed to a computer or server that might only be available to a select group of people over either a LAN or where Internet access is restricted using some form of encryption or access-protection. (See also Taking down.)
Microfilm and Microfiche - microfilm is 16 or 35 mm high-resolution photographic film used to store images of documents. Microfiche consists of transparent cards with miniaturised photographic document images arranged in a grid of rows and columns so that they can be read on a Microfiche viewer.
MiniDisc - see CD-ROM.
Mirror - a mirror site is a copy of a primary website.The mirror site may exist to provide continuity and reliability of access, or to spread loading caused by heavy use of the primary site. Normally a mirror site is updated by copying from the primary site continuously or at regular intervals, a process known as mirroring.
Modem - (Modulator/Demodulator) electronic device used to carry out conversion of data from digital to analogue form (and the reverse) for transmission over a telecommunications link.
MP3 - strictly, a three letter Microsoft Windows file name extension. It is more generally used to stand for MPEG (Moving Picture Experts Group) audio layer 3, which is a standard for compression of audio signals for efficient storage and transmission over the Internet.
Multi-media - digital representation of different types of information such as text, graphics, audio and video, so that all of these can be stored in a common medium (such as CD-ROM or computer storage).
On demand - services which can be accessed as required and at a time determined by the consumer, as opposed to a service (such as a TV programme) which is available at a time determined by the broadcaster.
On-line - services which can be accessed over a telecommunications system, especially the Internet.
Optical disk - see CD-ROM.
Program - see Software.
RAM - (Random Access Memory) Computer memory that can be accessed randomly (without reference to any neighbouring information), usually at the level of a word of memory which, depending on the type of computer, may be from 16 bits (single binary digits) upwards in length. By contrast, information stored on disks of different types can only be accessed in larger units such as records (which may be thousands of words in length) and sometimes only sequentially.
Search engine - a database of Web documents that are catalogued (usually by a fully automated procedure) and can be retrieved according to words in the text or other information contained within the document. Websites often include a search engine and there are many sites that specialise in automated catalogues of Web documents.
Software and program - any form of codifiedinformation, usually in the form of a set of instructions, which enables a computer to manipulate data/information. Software may be in the form of a program written in a human readable computer language such as Cobol, C or Java, or in a machine readable form generated (compiled) from the human readable form.
Shrink-wrap licence - a licence concerning the use of a copyright work that includes pre-drafted terms and conditions of sale that consumers are required to agree before unpacking and using the work, usually a software product. These terms and conditions, which are almost always non-negotiable, are usually displayed on a piece of paper than can be read through shrink-wrap packaging. By breaching the shrink-wrap of the packaging, a consumer is deemed by the copyright owner to have agreed to the terms and conditions of use. (See also Click-wrap.)
Streaming - a means of sending multimediainformation such as sound or video over the Internet so that it is played by the recipient as it is being transmitted. Although it involves temporary storage (buffering) of limited segments of the streamed information so as to ensure continuous play, streaming avoids the need to copy and store a complete file before playback can begin.
Taking down - the removal of material or information on a computer or server connected to the Web or the disconnection of a computer containing material or information for access using the Internet or an intranet so that material or information is no longer accessible in that manner.
Technological protection measures - devices, mechanisms or systems designed to guard against or restrict the unauthorised use of recordings or information and other material stored in digital formats. These include encryption technologies, and other software and hardware measures. Types of technological protection measures include copy-protection, access-protection codes and measures designed to restrict the use that can be made of material or information in other ways.
Transient copying - the creation of temporary or incidental copies in the process of transmission of files across a computer network or the Internet, often in a cache, but the term also includes storage of information in a volatile medium such as computer memory. Transient copying is often the result of an automatic process, and users will usually not be aware of the creation or existence of temporary files. Files could reside in a cache for a period ranging from seconds to weeks (or indefinitely) depending on the nature of the cache but such storage is incidental to the purpose of transmission.
Transmission - process of transferring information over a telecommunications link or broadcast medium.
URL - (Uniform, or Universal, Resource Locator) refers to the address of information or a resource on the Internet. A URL is in two parts: an indication of the transmission mechanism or protocol to be used and the location in the form of an Internet address (usually in the form of a domain name). An example is http://www.med.govt.nz, where the address is www.med.govt.nz and the protocol is HyperText Transmission Protocol (HTTP).
Web or WWW (World-Wide Web) - an Internet application which provides a means of storing and accessing multimedia documents and files which can be located, accessed and retrieved using the HyperText Transmission Protocol (HTTP). See also Hyperlink, Hypertext and URL.
Webcasting - using the Internet as a transmission medium for sound (radio) or video. A webcast is like a broadcast in that it is to a wide potential audience that can include anyone with access to the Internet. A webcast can also be simulcast, which involves the simultaneous transmission of a broadcast or cable programme service via the Internet. It is also possible to webcast to a selected group of recipients, which is also known as "narrowcasting" or "multicasting".
Website - a location on the Web usually containing a collection of hyperlinked documents and files. A website has a unique URL, which normally, but not necessarily, points to the entry point (or home page) for the site.
Legal Terms Not Defined in the Copyright Act
Communication to the public - the transmission to an audience or the general public of a material, audio, audiovisual content or images for immediate rather than deferred use, although recordings may be made either as a result of, or to facilitate this. The communication of works to the public encompasses a wide range of activities, including: the broadcast of a work or its inclusion in a cable programme service, and the rebroadcast of the work. Technological advances have made it possible for works to be communicated to the public in new ways, such as by webcasting.
Moral rights - rights provided to authors and directors of copyright works under copyright law that are independent of the economic rights that might exist in a work. Moral rights are granted to authors and directors to protect their personal interests in relation to their creations. Unlike economic rights granted under copyright, moral rights cannot be sold.
Related rights or neighbouring rights - rights that are related to or neighbour on copyright. Examples are: performers rights, the rights of phonogram producers, publishers' rights in typographical arrangements and the rights of broadcasting organisations in relation to their broadcasts. In New Zealand, related or neighbouring rights are provided through the Copyright Act, although there in some countries they are provided through legislation separate from copyright.
Sui generis legislation - custom-made legislation specially designed to meet a particularly policy objective, regulate a particular area of activity or confer (and/or impose) specific legal rights (or obligations).
TRIPS (the TRIPS Agreement) - Agreement on Trade-Related Aspects of Intellectual Property Rights 1994; Annex 1C to the Agreement Establishing the World Trade Organisation (WTO). TRIPS is one of a number of trade-related agreements administered by the WTO.
Typographical arrangement of a published edition ("publishers' copyright") - the typeset or image of the published edition of the whole or part of a literary, dramatic, or published work (that may or may not itself be protected by copyright). Copyright in a typographical arrangement exists independently of copyright in the published work.
WCT - the WIPOCopyright Treaty 1996.
WIPO - (the World Intellectual Property Organisation) a specialised agency of the United Nations (UN) with a mandate to administer intellectual property matters recognised by the UN member States. WIPO carries out a number of tasks related to the protection of intellectual property rights, such as: administering international treaties; assisting governments, organisations and the private sector; monitoring developments in the intellectual property rights field; and assisting in the harmonising and simplifying of relevant rules and practices. WIPO has 175 member states. Its headquarters are in Geneva, Switzerland.
WIPO "Internet Treaties" - The WCT and WPPT.
WPPT - the WIPOPerformances and Phonograms Treaty 1996.
WTO - (the World Trade Organisation) - an international organisation dealing with the rules of trade between countries. The WTO was established in 1995 as the result of the 1986-94 Uruguay Round of the General Agreement on Tariffs and Trade (GATT). Most of the trading nations of the world are WTO members. The WTO administers a number of international agreements relating to international trade, including TRIPS.
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