Data protection and intellectual property
Data protection means keeping personal and sensitive data safe from misuse, theft or unauthorised access. Just like physical property, creations of the mind are intellectual property (IP), and Intellectual Property Rights (IPR) are the legal rights that protect them, so creators get credit and can earn from their work.
Copyright, patent and trademark
| Copyright © | Patent | Trademark ™/® | |
|---|---|---|---|
| Protects | Creative expression: books, music, films, photos, software code | New, useful, non-obvious inventions and processes | Brand names, logos, symbols, slogans |
| How | Automatic once the work is created | Must be applied for and granted | Registered (®) or in use (™) |
| Duration | Long (in India: creator's life + 60 years) | About 20 years | Renewable (every 10 years in India) |
Copyright protects the expression of an idea, not the idea itself.
Plagiarism and infringement
Plagiarism is using another person's ideas, words, code or pictures without giving credit and presenting them as your own. It is dishonest and can lead to failing an assignment. Avoid it by quoting and citing sources, or writing ideas in your own words and still giving credit.
Infringement is violating IPR by using protected work without permission:
- Copyright infringement: copying or distributing software, music or films without a licence (piracy).
- Patent infringement: making or selling a patented invention without permission.
- Trademark infringement: using a brand's name or a confusingly similar logo.
Infringement can lead to fines and legal action. Asking permission or buying a licence avoids it.
Licensing and open source licences
A licence is a legal document that says how others may use a work. Proprietary software is sold with a restrictive licence and hidden source code. Free and open-source works use public licences:
- Creative Commons (CC) for creative works (images, text, music). Building blocks: BY (credit the creator), SA (share adaptations under the same licence), NC (non-commercial use only), ND (no derivatives: share only unchanged). Examples: CC BY, CC BY-SA, CC BY-NC-ND. CC0 places a work in the public domain.
- GPL (GNU General Public License) for software: free to use, study, change and share, but any modified version you distribute must also be GPL with its source code (copyleft). Example: Linux kernel.
- Apache License: a permissive software licence: you may use, change and include the code even in closed, paid products, as long as you keep the licence and notice files and state major changes. Example: Android's code.
Board exam focus
Expect: differences among copyright, patent and trademark; define plagiarism and how to avoid it; case questions ('Riya used a CC BY-NC image on T-shirts she sold: is this allowed?'); GPL vs Apache.
Key formulas and definitions
- Copyright → creative works (automatic)
- Patent → inventions (apply, ~20 years)
- Trademark → brand names/logos
- Plagiarism = no credit; infringement = no permission
- CC: BY credit, SA share alike, NC non-commercial, ND no derivatives
- GPL = copyleft; Apache = permissive
Worked examples
1. Name the IPR that protects: (a) a school's anthem recording (b) a new water-purifier design (c) a café's logo.
(a) copyright (b) patent (c) trademark.
2. Aman copies code from a website into his project without saying where it came from. What is this, and how should he fix it?
Plagiarism. He should credit the source (link/author) in comments and check the code's licence allows reuse.
3. Riya sells posters using a CC BY-NC image. Is it allowed?
No. NC allows only non-commercial use; selling needs the creator's permission.
4. A company modifies a GPL program and sells it without sharing the source. Is this allowed? What about Apache-licensed code?
GPL: no, modified distributed versions must be released under GPL with source code. Apache: yes, it can be used in closed products if the licence and notices are kept.
5. Downloading and sharing a paid film for free is which kind of violation?
Copyright infringement (piracy).
Common mistakes
- Thinking anything on the internet is free to use. Most content is copyrighted unless the licence says otherwise.
- Mixing up patent (inventions) and copyright (creative expression).
- Thinking 'open source' means 'no rules'. GPL and Apache both have conditions.
- Thinking changing a few words stops plagiarism. You still need to credit the source.