Understanding Copyright, Ethics, And Privacy - Office Of Legislative Drafting And Publishing

Hosted Desktop solutions (HDS)

Discuss about the Office of Legislative Drafting and Publishing.

Hosted Desktop solutions (HDS) is a small company which provides hosted “open-source” IT solutions to growing small and medium sized organizations. The company is owned and managed by Jeff and Bob.
To define the internal functioning of the HDS, the words chaos and unmanaged are enough.
Networking is done using 4 years old instable server, unmanaged wiring and out of date computers.  Customer management system (CRM) which is supposed to be the backbone for customer handling is also messed up with no proper database and paper work handling.

Telephony is also inadequate as a result the helpdesk email monitoring and response management is under huge pressure.  Because of the lack of the proper hardware, software, networking and management of HDS, the company is unable to handle the demands of current growth and is in urgent need of Business Process Reengineering (BPS).

Email is hosted through Google Apps, and the website is externally hosted.

While many of the hosting services supplied to customers are externally hosted, older clients are still managed using the companies own IT; and most client IT system monitoring and maintenance is still undertaken through internal IT.

There is a separate application development “box”, however, as with other systems it is not being optimally maintained and application development has slowed to a trickle.

I have been hired as the Chief Information Officer (CIO) for a Hosted Desktop Solutions (HDS). The task of requirement/information gathering for the new HDS website is completed and its time to develop the Project Management Framework for the website build. My responsibility is Project Management and delivery. I need to use the full range of formal and project Management methodology to deliver this project.

HDS has many part time senior level staffs who are working in different organizations parallelly and also, HDS is using external ways to host its applications and handle company’s core data. Thus, it’s also my responsibility to maintain copyright policy of HDS so that the internal framework and business policy gets safe.

Apart from that, sound working environment is also important for any flourishing organization. So, it’s another key role to identify workplace procedures and policy and maintain ethics for individual’s wellbeing.

Copyright: Copyright is a legal right created by the law of a country that grants the creator of original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.

My Role

Ethics: Ethics or moral philosophy is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. The term ethics derives from the Ancient Greek word which is derived from the word ethos (habit, "custom"). The branch of philosophy axiology comprises the sub-branches of ethics and aesthetics, each concerned with values.

Privacy: Privacy is the ability of an individual or group to seclude themselves, or information about themselves, and thereby express themselves selectively. The boundaries and content of what is considered private differ among cultures and individuals but share common themes. When something is private to a person, it usually means that something is inherently special or sensitive to them. The domain of privacy partially overlaps security (confidentiality), which can include the concepts of appropriate use, as well as protection of information. Privacy may also take the form of bodily integrity.

Copyright act 1968:
The copyright law of Australia is the legally enforced rights to preserve the rights of the creators works under Australian law. Australian Copyright law Act 1968 (as amended) defines the scope of copyright in Australian Law, which is a federal law and established by Australian Parliament.

• A reference in this Act to an act comprised in the copyright in a work or other subject-matter shall be read as a reference to any act, that this act, the owner of the copyright has the exclusive right to do.
• For the purposes of this Act, the exclusive right to do an act in relation to a work, an adoption of a work or any other subject-matter includes the exclusive right to authorize a person to do that act in relation to that work, adoption or other subject-matter.

Exclusive Rights to Copy: The Australian Copyright Act contains provisions that allow educational institutions to use text, images and notated (print) music in ways that would otherwise require a copyright clearance. But there is limitation for photocopying as well. These provisions are sometimes referred to as the Part VB educational statutory licence. Australian teachers can copy and communicate text, images and print music without a copyright

• it is for educational purposes, and
• they work for an educational institution that is covered by the Part VB educational statutory licence

According to the US-Australia Fee Trade Agreement, the Copyright Amendment Act 2006 made required changes. In particular, for the first time in Australia, it improved anti-circumvention laws, making it illegal to circumvent technical measures used by copyright owners to restrict access to their works, and expanding the measures which count as technological restriction measures which may not be circumvented.

Copyright Amendment Act 2006 introduced a series of new exceptions in Australian Copyright Law. The stated aim of these act is to make copyright easier to enforce, especially for commercial use.

 The most famous one is private copying exceptions which allow people to copy television and radio programs at home for non-commercial purpose for example: to watch later with family and friends or use music/videos onto personal gadgets

Another notable change made by this act to expand the provisions concerning criminal infringement. On the spot fines for some copyright infringements.

Protected subject matter, exclusive rights and infringement:
 In addition to the Berne convention and other international copyright treaties, the Australian law is quite inspired by English Law. Thus, there is an exhaustive set of types of material protected, and an exhaustive set of exclusive rights. To be protected, material must fall into one of these exclusive categories and different kinds of subject matter have different rights.
Australian law confers rights in works, also known as "Part III Works" namely, literary works, musical works, dramatic works, artistic works, computer programs. It also confers rights in "other subject matter" (Part IV Subject Matter), which cover the kinds of material protected in some countries by 'neighbouring rights': sound recordings, films, broadcasts, and published editions.
Owners of work can publish for the first time, perform, and adapt the work, and communicate it to the public (including broadcast, or communicate by making available online). But, the rights of owners of copyright in artistic works are more limited as they cannot control public display of artistic works. Whereas Owners of work in other subject matter have the exclusive right to make copies, to communicate them to the public, and to cause them to be heard seen in public. Infringement occurs where a person does an act falling within the copyright without the authorisation of the copyright owner.
Part III of Copyright Act 1968 by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra 2008 commencing from page 42 deals with copyright in original Literary, dramatic, musical and artistic works. Division 2 of Copyright Act 1968 commencing from page 48 has explained about the infringement of copyright in different type of work and division 3 of Copyright Act 1968 commencing from page 52 deals with acts not constituting infringement of copyright in works.

What is copyright, ethics and privacy?

Moral right, by definition, is a way an author or other creative artist can protect the integrity and ownership of their work. In 2000, moral rights were recognised in Australian copyright legislation. Only individuals may exercise moral rights. The moral rights provided under Australian law now are:

• A right of attribution:
  1. the right to be clearly and reasonably prominently identified as the author, in any reasonable form
  2. the right to avoid false attribution, where the work is falsely presented as being another's work.
• Integrity of authorship:
  1. the right to not have the work treated in a derogatory manner (this is a right to protect the honour and reputation of the author)

“Indigenous Communal moral rights” is also proposed at assisting indigenous people to protect the integrity and sanctity of indigenous culture. A draft bill was circulated in 2003 to a limited set of stakeholders; since then the bill “Indigenous Communal moral rights” has been listed as one the government planned to pass but has yet to be introduced. Performers have also been granted moral rights in recordings of their performances from 2007 onwards, almost similar, but not so identical, to the moral rights granted to authors.

Every organization should have policies and procedures according to type of work performed by that organization. A policy is a statement which underpins how human resource management issues will be dealt with in an organisation. The workplace policies are often updated and informed to workers to clarify standard operating procedure in a work place. A systematic policy help management to handle staff more effectively by clearly announcing acceptable or unacceptable behaviour in the work place. Also, set out the implications of not complying with the company’s work policies.
A workplace policy is a statement of purpose written in simple terms, free of semantic meanings along with a broad guideline on action to be taken to achieve that purpose. The length of the policy may vary depending on the issue it addresses. A policy may allow discretion in its implementation and the basis of that discretion should be stated as part of the policy. A policy may also be required where there is a diversity of interests and preferences, which could result in vague and conflicting objectives among those who are directly involved. Not all workplace issues require a policy. Many routine matters can be dealt with through simple workplace procedures and processes being put in place. By choosing the right policies and procedures, organization will be able to manage the increased growth.

• divide functions and responsibilities among management and staffs.
• maintain the direction of the organisation even during periods of change
• comply with employment, business policies and other associated legislation
• add strength to the position of staff when possible legal actions arise
• provide the framework for business planning
• save time because everyone knows their responsibility and when a new problem comes, it can easily be handled through an existing policy
• are consistent with the values of the organisation
• demonstrate that the organisation is being operated in an efficient and businesslike manner
• ensure uniformity and consistency in decision-making and operational procedures
• foster stability and continuity
• assist in assessing performance and establishing accountability

The Copyright Agency’s senior management team guides around 90 permanent staff who work across legal, surveys and monitoring, data processing and analytics, commercial and educational licensing, funding and membership and communications services.

Copyright Agency’s organisational structure comprises seven divisions:

• Business services (including licences for the education and government sectors, visual arts licensing, surveys and monitoring, and international relations)
• Commercial services (including licences for the corporate and not-for-profit sectors and digital press clippings)
• Learning Field
• Operations (including distributions, information technology and finance)
• Policy
• Legal
• Membership, communications and stakeholder engagement

The Board maintains policies and procedures (which we refer to as our Code) that represent both the code of ethics for the principal executive officer, principal financial officer, and principal accounting officer contemplated by SEC rules and the code of business conduct and ethics for directors, officers, and employees contemplated by NYSE listing standards. The Board Affairs Committee will review any issues under the Code involving an executive officer or director and will report its findings to the Board. The Board does not envision that any waivers of the Code will be granted, but should a waiver occur for an executive officer or director, it will be promptly disclosed on our website.

Copyright law of Australia

The Corporation's Ethics policy does not stop there. Even where the law is permissive, the Corporation chooses the course of highest integrity. Local customs, traditions, and mores differ from place to place, and this must be recognized. But honesty is not subject to criticism in any culture. Shades of dishonesty simply invite demoralizing and reprehensible judgments. A well-founded reputation for scrupulous dealing is itself a priceless corporate asset. The Corporation cares how results are obtained, not just that they are obtained. Directors, officers, and employees should deal fairly with each other and with the Corporation's suppliers, customers, competitors, and other third parties. The Corporation expects compliance with its standard of integrity throughout the organization and will not tolerate employees who achieve results at the cost of violation of law or who deal unscrupulously. The Corporation's directors and officers support, and expect the Corporation's employees to support, any employee who passes up an opportunity or advantage that would sacrifice ethical standards.

It is the policy of Exxon Mobil Corporation that directors, officers, and employees are expected to protect the assets of the Corporation and use them efficiently to advance the interests of the Corporation. Those assets include tangible assets and intangible assets, such as confidential information of the Corporation. No director, officer, or employee should use or disclose at any time during or after employment or other service to the Corporation, without proper authority or mandate, confidential information obtained from any source in the course of the Corporation's business. Examples of confidential information include non-public information about the Corporation's plans, earnings, financial forecasts, business forecasts, discoveries, competitive bids, technologies, and personnel.

It is the dual responsibility of the Victorian Public-Sector Commission and public-sector employers to promote the values and employment principles in the public sector.

Employee awareness of how to make ethical decisions is part of good workplace practice. Adherence to ethical standards based on the public-sector values and the code of conduct reduces the level of organisational risk and increases performance. The values and principles help people determine how things ought to be done. They guide work practices, interactions and behaviour within an organisation. They are the foundation on which an organisation operates and apply across all levels of the organisation – from the Secretary or Chief Executive to frontline employees. The most effective ethics development programs from around the world help employees make sense of organisational values, raise awareness of ethical responsibility and assist employees to develop skills in ethical problem solving.  The Victorian Public-Sector Commission’s goal is for:

• Employees to understand the values and principles
• Managers to apply and encourage their application

Acts comprised in copyright (Copyright 1968)

Senior leaders to demonstrate and reinforce them as part of the culture of their organisation

We shall map our stakeholders to effectively involve the core of the primary stakeholders we should be speaking to in each consultation, as well as reach out to the broadest spectrum of organised interests. To do this, we shall scope the different stakeholder groups, and identify which stakeholders need to be present for particular stages of the process. We expect all European-level organisations, platforms and associations that take part in our consultations to be explicit about whom they represent by registering in the Transparency Register of the Commission and European Parliament. To identify the right stakeholders beyond the most obvious ones, we shall peer-review our stakeholder list by asking representatives of stakeholder organisations to review it.

We shall formulate clear and simple questions to facilitate effective responses. Our consultation questionnaires will provide space for additional, open comments. The results of consultations should be carefully analysed, and views adequately weighed. Attention should be paid to the views of representative bodies and those most affected by the proposals. Decision-makers will be made aware of any limitations of a consultation, in particular how representative the respondents were. We shall represent the results appropriately and articulate how they feed into decision-making. Once the data is collated and reviewed, we shall summarise the input, identifying the positions of the various stakeholder groups. This should be captured in the final report

The consultation document will explain how and when the respondents’ views will be considered in the policy process, e.g. by including an outline of the process that the initiative will follow after the consultation closes. Feedback to stakeholders after the consultation closes will be promptly structured into a report once the contributions have been analysed. The report will contain statistical information on the number of respondents, their type, category and geographical distribution. The report will contain an analysis of the substance of the contributions and, where possible, give a summary of the views expressed with an indication of the level of support for the various options canvassed. Contributions to consultations will be made public on the DG Health and Consumers’ website, together with other information collected from the consultation exercise (unless confidential). A common template will be developed for providing good feedback.

Review each section of your code of conduct and make sure it still represents the values of your business. You should also review current standards and guidelines and any new policies introduced for the business. Consider any areas that could be added to your code, especially if your business has grown or changed significantly since your last review. For example, if your business has started selling products online you may need a new section covering online selling behaviour.

I can review staff understanding of individual’s code of conduct by requiring them to complete a survey or questionnaire. Focus the questions on any new sections and particular areas of the code that I think the staff may not fully understand. The surveys will identify areas that staff may need further training in and areas of code that may be unclear and need reviewing. In frequent interval, follow up on the survey to ensure that all staff understands what is expected of them. When they are happy with the new code, have them sign a document to say that they accept.

Procedure are the specific ways/methods use to systematically express policies in action in day-to-day operations, outlining which procedure must be adopted t0 implement the policy.
For example, a staff recruitment policy could involve the following procedures:

1. All vacant paid positions will be advertised in official website and newspapers.
2. The advertisements will have details of duties, salary range, closing date and contact details.
3. All interested people will be mailed job descriptions and information about the organisation.

The agency is responsible for providing policy and procedural guidelines that support the practice of services. Policies and procedures must reflect legislation and ethical standards of the community services sector. Quality of service delivery is dependent on the responsibility of both the organisation and the worker in following the policies that guide service delivery. A list of such policy documents is:

• the organisation’s strategic plan
• policy documents, for example, providing services to cultural and linguistic diverse clients (CALD)
• Job descriptions.

As well, there are legal documents which provide protocols for:

• ethics in practice
• duty of care guidelines which include confidentiality, and equity and access
• child protection policy
• occupational health and safety guidelines

References:

The Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra 2008, 'Copyright Act 1968', Act No. 63, Section 13, pp. 28