Tag Archives: private

Copyright Law Basics For UK Software Developers

Software developers all over the world can benefit from an increased understanding of intellectual property (IP) laws and how those laws may affect their work. Software programs are often complex works that include both functional and artistic elements and may be covered by a variety of different types of IP laws. This can be very confusing for those who haven’t been taught about IP and can cause them to miss out on opportunities to protect their own work or to accidentally infringe on the work of another.

The purpose of this article is to provide information about one type of IP law, copyright law, for software developers who live or work in the United Kingdom. Below we will discuss the definition of copyright law, the source of UK copyright law, and how it applies to technological works. I’ll also elaborate on what is not covered by copyright law, as well as the UK concepts of fair dealing and moral rights as they are related to copyright law.

Copyright Law Essentials

You can learn more about copyright law in general and about how it applies to software in my previous article. Go to article →

What Is Copyright Law?

Copyright law is a type of intellectual property law that protects creative works, which can include things like plays, movies, drawings, songs, and many other things. Around the world, copyright laws give the authors or creators of literary, dramatic, musical, or artistic works the right to control the ways in which their material may be used. With regard to software, copyright law generally covers the artistic elements of a software program as opposed to the functional elements.

What Is The Source Of Copyright Law In The UK?

Copyright law originated in the United Kingdom from a concept of common law; the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act of 1988. Those interested can read the full text here.

The relevant government office for copyright inquiries is the UK Intellectual Property Office. The UK is also a signatory to the Berne Convention, an international agreement concerning copyright law that has been adopted by 172 countries worldwide.

How Does UK Copyright Law Apply Specifically To Technological Works?

Copyright law can apply to all kinds of technological works that are used with computers, tablets, smartphones, or video game systems. This includes apps, computer programs, databases, spreadsheets, screen displays, and even virtual reality environments. Copyright also applies to works that are used or distributed on the internet like websites, blogs, and other online content. In the UK, computer programs are specifically protected as literary works.

Throughout the European Union, the Computer Programs Directive provides guidance regarding the legal protection of computer programs. The Copyright (Computer Programs) Regulations of 1992 extended the rules covering literary works to include computer programs in other European countries as well.

What Is Not Covered By UK Copyright Law?

Copyright law in the UK, as elsewhere, does not protect ideas, procedures, methods of operations, or mathematical concepts (though other types of IP may protect them under certain circumstances). In other words, copyright law is about protecting a particular expression of an idea, not the idea itself, and not functional elements of a work. Additionally, names, titles, short phrases, and colors are not generally considered unique or substantial enough to be covered by copyright law. However, a work that combines some of the elements, such as a logo or design, could possibly be eligible for copyright (and perhaps trademark) protection.

How Long Does Copyright Protection In The UK Last?

Because the UK is a signatory to the Berne Convention which covered this issue, a copyright in the UK will typically be protected for either the life of the author plus 70 years from the death of the author or, for published works, for 70 years from the date of first publication. However, there are many exceptions to this rule, and each work should be treated on a case-by-case basis if there are any doubts.

One notable UK-specific exception has to do with the boy who never grew up, Peter Pan. Author J.M. Barrie gifted all of the rights to his creation to a children’s hospital in London. When the original copyright expired in 1987, an extension was added to the Copyright, Designs and Patents Act of 1988 mentioned above so that the hospital could continue to collect royalties based on uses of the work (though the hospital has no creative control over how the work is used). Ultimately, this is only an unusual — and perhaps endearingly British — exception to the normal copyright term.


Photo by Christian Battaglia on Unsplash. (Large preview)

What Is Fair Dealing?

The copyright laws of almost all countries allow exceptions for certain permitted uses of copyrighted works such as news reporting, educational uses, or where the use of the work is de minimus. In the United States, one can assert a “fair use” defense if accused of infringing a copyright if the use was due to one of these permitted activities. In the UK, these permitted activities fall under the legal concept known as “fair dealing.” According to the University of Nottingham, eligible activities which can be conducted without infringing a copyrighted work include:

  • Private and research study purposes;
  • Performance, copies or lending for educational purposes;
  • Criticism and news reporting;
  • Incidental inclusion;
  • Copies and lending by librarians;
  • Format shifting or back up of a work you own for personal use;
  • Caricature, parody or pastiche;
  • Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes;
  • Recording of broadcasts for the purposes of listening to or viewing at a more convenient time;
  • Producing a back-up copy for personal use of a computer program.

How Does “Fair Dealing” Affect Technology Copyrights In The UK?

The “fair dealing” exceptions mentioned above may specifically impact copyrights for technology-related works such as software programs or databases. For example, producing a backup copy of a software program for personal use only would not be considered copyright infringement under a fair dealing exception. Though fair dealing explicitly excludes decompilation or copying a software program during decompilation, the European Software Directive allows software licensees to use their copy of the software “to observe study or test the functioning of the program” in order to “determine the ideas and principles which underlie any element of the program.”

Therefore, users may freely observe a program as it operates to determine their functions and its underlying ideas, even if the goal is to create a competing program (see the UK case SAS Institute v. World Programming for more information on this concept). However, actual copying, for example in the case of source code copying, is not tolerated since this is explicitly protected by copyright.

For practical reasons, database copyrights would not be infringed if a person with the legal right to use part or all of a database performs steps necessary to use or access the contents of the database. Also, accessing a database for the purposes of private study or non-commercial research does not infringe copyright in a database.


Photo by rawpixel.com on Unsplash. (Large preview)

Moral Rights In The UK

Another difference between the UK and other parts of the world with regard to copyright law is the UK’s emphasis on the importance of moral rights. Though this issue may not often arise in technology-related copyright disputes, moral rights are additional rights over and above the economic rights typically protected by copyright law.

In the UK, moral rights are: the right to attribution, or the right to be known or recognized as the author of a work; the right to object to derogatory treatment of a work, which includes any addition, deletion, or adaptation of a work that would distort or “mutilate” the work or injure the honor or reputation of the author; the right to object to false attribution, which basically means that you would not be named as the author of something you didn’t create; and the right to privacy of certain photographs and recordings, such as those commissioned for a private occasion.

One reason moral rights might be important for developers is that the moral right to attribution gives the developer the right to be named as the author of the software program, even though it is not common industry practice to do so. By the same token, if a developer doesn’t get their name associated with projects they didn’t work on, the right to object to false attribution protects them also. Find more information about moral rights here.

It is our hope that this information has been helpful for UK software designers and developers. Though this is only introductory information, and should not be substituted for legal counsel in the event of specific questions or disputes, education about copyright law issues and other IP issues helps to empower software designers and developers to make sure their works are fully protected.

Smashing Editorial
(da, ra, yk, il)

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Copyright Law Basics For UK Software Developers

Monthly Web Development Update 3/2018: Service Workers, Building A CDN, And Cheating At Design

Service Worker is probably one of the most misrepresented technologies we currently have. When I hear people talking about it, the topic almost always revolves around serving an app when a user is offline. However, Service Worker can do so much more than that, and every week I come across new articles that show how powerful the technology really is.

This month, for example, we can learn how to use Service Worker for cross-tab messaging and to load off requests into the background with the Background Sync API. I think the toolset we now have in our browsers already allows us to build great experiences regardless of the network state. Now it’s up to us to make the experiences so great that users truly love them. And that’s probably the hardest part.

News

Sketch 49
Sketch 49 has arrived, and with it comes the new Prototyping in Sketch feature which lets you see the entire flow in action. (Image credit)

General

  • Ed Ellson examined Chrome’s Background Sync API and the retry strategy it uses to perform a request. By allowing synchronization in the background after a first attempt has failed, the API helps us improve the browsing experience for users who go offline or are on unstable connections.

UI/UX

Cheating At Design
Use color and weight to create visual hierarchy instead of size is only one of the seven practical tips for cheating at design that Adam Wathan and Steve Schoger share. (Image credit)

Security

  • With GraphQL you can query exactly what you want whenever you want. This is amazing for working with an API but also has complex security implications. Instead of asking for legitimate, useful data, a malicious actor could submit an expensive, nested query to overload your server, database, network, or all of these. To prevent this from happening, Max Stoiber shows us how we can secure the GraphQL API in our projects.

Privacy

  • WebKit is introducing the Storage Access API. The new API targets one of the major issues with Safari’s Intelligent Tracking Protection (ITP): Identifying users who are logged in to a first-party service but view content of it embedded on a third party (YouTube videos on a blog, for example). The Storage Access API allows third-party embeds to request access to their first-party cookies when the user interacts with them. A good solution to protect user privacy by default and allow exceptions on request.

Web Performance

  • Janos Pasztor built his own Content Delivery Network because he thinks it can be a better solution than using existing third parties. The code for the CDN of his personal website is now available on Github. A nice web performance article that looks at common solutions from a different angle.
  • A year after Facebook’s announcement to broadly use Cache-Control: Immutable, Paul Calvano examined how widespread its usage is on the web — apart from the few big players. Interesting research and it’s still sad to see that this useful performance tool is used so little. At Colloq, we use it quite a lot, which saves us a lot of traffic and load on our servers and enables us to serve a lot of pages nearly instantly to recurring users.
Global stats of a self-built CDN
Global stats for the custom CDN that Janos Pasztor built. (Image credit)

HTML & SVG

JavaScript

CSS

Accessibility

Accessibility Checklist
The Accessibility Checklist helps build accessibility into your process no matter your role or stage in a project. (Image credit)

Work & Life

  • This week I read an article by Alex Duloz, and his words still stick with me: “When we develop a new application, when we post content on the Internet, whatever we do that people will have access to, we should consider just for a minute if our contribution adds up to the level of dumbness kids/teenagers are exposed to. If it does, we should refrain from going live.” The truth is, most of us, including me, don’t consider this before posting on the Internet. We create funny things, share funny pictures and try to get fame with silly posts. But in reality, we shape society with this. Let’s try to provide more useful resources and make the consumption of this more enjoyable so young people can profit from our knowledge and not only view things we think are funny. “We should always consider how teenagers will use what we release.”
  • The MIT OpenCourseWare released a lot of free audio and video lectures. This is amazing news and makes great content available to broader masses.
  • Jake Knapp says great work requires idealism and cynicism and has strong arguments to back up this theory. An article worth reading.
  • There’s an important article on how unhappiness has grown in America’s population since around the year 2000. It reveals that while income inequality might play a role, the more important aspect is that young people who use a lot of digital media are unhappier than those who use it only up to an hour a day. Interestingly, people who don’t use digital media at all, are unhappy, too, so the outcome of this could be that we should try to use digital media only moderately — at least in our private lives. I bet it’ll make a big difference.
  • Following the theory of Michael Bradley, projects don’t necessarily need a roadmap for success. Instead, he suggests to create a moral compass that points out why the project exists and what its purpose is.

Going Beyond…

We hope you enjoyed this Web Development Update. The next one is scheduled for April 13th. Stay tuned.

Excerpt from – 

Monthly Web Development Update 3/2018: Service Workers, Building A CDN, And Cheating At Design

An Introduction To Automated Testing Of WordPress Plugins With PHPUnit

WordPress is a popular content management system for building websites because it is easy to get started with and a ton of themes and plugins are available to extend its feature set. The main reason WordPress has a lot of plugins and themes is because it’s easy for developers of any level to start building one. Most of its developers are not experienced, and they do not write tests for their work, perhaps because of the following reasons:

Link: 

An Introduction To Automated Testing Of WordPress Plugins With PHPUnit

How Do I Know If Venture Capital Fits My Business?

There is a popular image in the world of software which many young and inexperienced entrepreneurs are becoming infatuated with. It’s the idea that when you come up with an awesome idea, the highest peak to strive for — the ultimate goal — is getting in front of a venture capitalist and receiving a huge lump sum to propel your business to unimaginable heights and bring tremendous personal wealth. Well then, let’s explore what it really means to fund your business with equity capital.

Link – 

How Do I Know If Venture Capital Fits My Business?

Monthly Web Development Update 10/2017: CSS Grid, CAA Pitfalls, And Image Optimization

Editor’s Note: Welcome to this month’s web development update. Anselm has summarized the most important happenings in the web community that have taken place over the past few weeks in one handy list for you. Enjoy!
As web developers, we’re working in a very diverse environment: We have countless options to specialize in, but it’s impossible to keep up with everything. This week I read an article from a developer who realized that even though he has been building stuff for the web for over seven years, sometimes he just doesn’t understand what’s going on: “I’m slamming my keyboard in frustration as another mysterious error appears in my build script,” he writes.

Excerpt from:

Monthly Web Development Update 10/2017: CSS Grid, CAA Pitfalls, And Image Optimization

Real Estate Landing Pages (Our Customer Favorites + Why We Think They’re Great)

Whether you’re an independent realtor or work at a real estate agency, you can gain a competitive advantage if you have owned digital properties to drive your paid and social traffic to.

Owned properties — like landing pages — provide you more control in real estate versus relying on popular listing sites where the journey isn’t always clear, you can’t customize your call to action or match your branding.

In short, real estate marketing can really benefit from lead capture landing pages because they allow you to:

  • Establish and grow your mailing list, ensuring you can follow up with and remarket to interested prospects later.
  • Showcase properties especially well, creating urgency and delivering especially compelling offers (like granting early access to listings, for example).
  • Track social and paid campaigns better. With a listing site you don’t have access to metrics and can’t determine ROI as quickly as you can with a landing page.

Ultimately, you can use landing pages to understand exactly who is interested in a property, entice prospects to book appointments (or other offers) and wow new clients with on-brand design.

In this post I’ll break down some of the best ways to start using real estate landing pages with a few examples from Unbounce customers.

1. Showcase your listings (and grow your mailing list)

At minimum, every real estate broker needs a place to share listings online. But ideally, you’ll want to own the experience.

RE/MAX agents Matthew Davidson and Kimbe MacMaster know this first-hand.

These independent agents use Unbounce landing pages to showcase an overview of a property: quick stats, a photo gallery, a video and details on the community. And while a property is available, prospects can book a showing as the call to action:

Featuring trendy parallax scroll, this page converts at 0.38%. Click to view full-length landing page.

Once the listing is sold (nice work Matthew and Kimbe!), the CTA changes to allow interested parties to sign up for early notice for similar listings in the future:

This post-sale CTA swap is a terrific way to build your email list for advertising similar properties in the future.

Having used the Unbounce Loft template, Matthew and Kimbe can simply duplicate this page each time they need a dedicated place to feature a listing. This allows the duo to be listing-specific when they link from a Facebook or search ad, ensuring a seamless ad-to-landing-page experience for potential buyers.

According to the Unbounce Conversion Benchmark Report, 41.6% of marketers in real estate have at least one page that converts under 1.3%, so Matthew and Kimbe’s conversion rate above is in line with what we see for many real estate marketers.

See how your conversion rates stack up in real estate (and nine other popular industries)

Download the Unbounce Conversion Benchmark Report to see how your landing page performance compares to your competitors.

By entering your email you’ll receive other resources to help you improve your conversion rates.

2. Entice buyers with exclusive pre-sale info, floor plans, price lists and more

Booking viewings of individual properties is great, but what if the real estate you’re selling is still in development?

Working with large and small-scale real estate developers, Rennie helps their developer clients plan and execute all aspects of their marketing and sales strategy, including online advertising. As part of their online strategy, they create project-specific landing pages and direct all paid traffic to those pages to gather leads.

Here’s an example created for The Pacific by Grosvenor:

This real estate landing page currently converts at 7.92%. Click to view full-length page.

Jennie Sebastian, Rennie’s Digital Marketing & CRM Manager, shared that the marketing team typically has a kick-off meeting five to six weeks before a campaign. Once they determine targeting and put together a media schedule, creative — including development of the landing page — can begin.

The campaigns typically employ search ads, display, Facebook, Instagram and WeChat, but the team is always looking for new ways to reach their target audiences.

As many real estate marketers can likely empathize with, Jennie shared:

One of the biggest challenges in online marketing is coming up with a strong call to action that entices users to provide us with their personal information.

Depending on the phase of the project and assets available, CTAs range from, “Sign up now for early access” and “Download all floorplans now,” to “Book a private appointment now.”

Through numerous A/B tests the Rennie team has found that more specific CTAs convert significantly better than more generic ones, as they clearly articulate to a prospect what they are receiving in exchange for their information.

Which brings us to landing page idea number three…

3. Get prospects to picture themselves in their dream home with a virtual tour

Just as Jennie from Rennie told us above, compelling CTAs are very important in real estate marketing, and offering a virtual tour has proven to be very effective for their team:

We recently offered a virtual tour using special 360 degree photography for one of our projects in Calgary. After updating the CTA to “Take a virtual tour now,” we saw a significant increase in the conversion rate.

Here’s an example page of theirs, which converts at 4.15%:

Click to view the full-length landing page.

Clicking the CTA button triggers a form gating the tour:

Even if you can’t wrangle 360 photography, you can still get prospects to picture themselves in their dream home.

Simple videos, photo galleries, or even the hero image on your landing page can do the trick. But be sure to test.

Example test of hero image variants

Here’s an example from Coronation Properties via digital agency Rocket. They test variations of their pages with different key elements of a property featured in the hero image.

Here’s a variant wherein the bedroom is the hero shot:

And another where the kitchen takes the spotlight:

The takeaway here?

Get creative with videos, 360 tours, or even experimenting with your hero shot, to give clients a glimpse into the property that’s right for them.

4. Offer up relevant listings to abandoning visitors

While landing pages clearly offer a competitive advantage in real estate, you also want to ensure you’ve optimized your website for conversions.

As our customers at Brixio know, you can try out an Unbounce overlay to ensure you’re not missing out on conversion opportunities. Overlays allow you to show relevant offers to specific users at the perfect time, making them less likely to leave your website without converting

Unbounce Convertables

We love their idea for an overlay triggered to appear on exit to those leaving a website, tempting potential real estate buyers with off-market or exclusive listings.

Here’s a preview of what they had in mind:

With Unbounce, you can launch your overlay at any point during someone’s visit on your website: on exit, on arrival, after delay, on scroll and on click. Find out how Unbounce overlays work here.

5. Test a simple value prop to prompt more commitment-heavy offers

For marketers in the business of custom real estate, your offer of a tailor-made home is much more commitment-heavy than simply moving into an existing place.

This poses an interesting challenge: interested prospects likely have many questions, may be exploring many options and need a reason to trust you immediately.

Here’s agency Rocket’s solution: an on-brand, clear landing page (where prospects can “enquire today”):

This page converts at 1.84%. Click to view full-length landing page.

This small offer accompanied by all the fine details serves as a type of micro conversion, ensuring Manor Homes’ prospects have the chance to reach out and get the conversation started about a custom home.

Get creative with your own micro conversion incentives! For example, you may want to consider inviting prospects to download a collection of your custom homes to preview at their leisure.

6. Offer up relevant content marketing (so you can nurture leads later)

Plenty of businesses use content marketing to reach their target audience, and as Edina Realty knows, this applies to the real estate industry too.

As a subsidiary of Home Services of America, Edina Realty’s licensed pros guide customers through home buying and selling. To provide the most value to their clients, they deliver unique and useful content via custom landing pages.

Check out this Unbounce landing page they created to distribute their Ultimate Guide to Selling Your Home – it converts at a whopping 18%:

Click to view full-length landing page.

By combining content strategy with retargeting, Edina Realty is able to reach prospective leads throughout the funnel and deliver quality leads to their agents.

Hannah Kaeter, Digital Marketing Manager at Edina Realty, told us about the importance of educating leads:

One of the key challenges in our market is a low inventory of homes for sale at lower price points. With this challenge comes an opportunity to educate potential sellers — many of them first-time sellers — about the process so they can evaluate and make informed decisions about their own property and situation.

Ready to build your digital property?

Overall, the above examples illustrate the importance of having a dedicated place to send your paid and social traffic, which can make all the difference in whether you can track the ROI of your real estate marketing. This beats relying on common listing sites — especially in the case of condo developments or offers that require sophisticated branding or high commitment, like custom homes.

Replicate the success of these realtors with Unbounce’s real estate templates, and be sure to download our Conversion Benchmark Report for a breakdown of where you stand in this industry.

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Real Estate Landing Pages (Our Customer Favorites + Why We Think They’re Great)

Infographic: The Evolution of Web Design

26 Years. Over a quarter century. That’s how long it’s been since the publication of the first website in 1991, info.cern.ch. That’s right. That right there is a link to the very first website ever published. Since then we’ve created banner ads, pop-ups, CAPTCHAs, social media, and countless layers of the front end tech stack we enjoy today with HTML5, CSS, and JavaScript. Let’s also ponder what trends web design will follow during the next quarter century. We are definitely getting a VR enabled web. Check out the VRVCA, a consortium of venture capital funds, including HTC and NVIDIA, who…

The post Infographic: The Evolution of Web Design appeared first on The Daily Egg.

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Infographic: The Evolution of Web Design

Web Development Reading List #187: Webpack 3, Assisted Writing, And Automated Chrome Testing

This week, we’ll explore some rather new concepts: What happens if we apply artificial intelligence to text software, for example? And why would a phone manufacturer want its business model to be stolen by competitors? We’ll also take a look at how we can use the new headless Chrome browser for automated testing and learn to build smarter JavaScript bundles with Webpack 3’s new scope hoisting. Sometimes it’s easy to be excited about all the improvements and new things our industry has to offer.

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Web Development Reading List #187: Webpack 3, Assisted Writing, And Automated Chrome Testing

Free Geometric UI Icons With A Fresh And Futuristic Twist (100 Icons, 6 Formats)

How about an icon set that gives your UI designs just that finishing touch they need? One that stands out while keeping the design clear and legible? Vincent Le Moign spent two years on designing such a set, and we are very happy to feature part of it as a freebie today.
The EGO icon collection shines with its well-balanced, geometric style — perfect to make a bold statement without being obtrusive.

Source:

Free Geometric UI Icons With A Fresh And Futuristic Twist (100 Icons, 6 Formats)

Using Slack To Monitor Your App

For the past few months, I’ve been building a software-as-a-service (SaaS) application, and throughout the development process I’ve realized what a powerful tool Slack (or team chat in general) can be to monitor user and application behavior. After a bit of integration, it’s provided a real-time view into our application that previously didn’t exist, and it’s been so invaluable that I couldn’t help but write up this show-and-tell.
It all started with a visit to a small startup in Denver, Colorado.

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Using Slack To Monitor Your App