HDS: Analysis of Copyright Law, Ethics, and Privacy Workplace Policies

This report addresses the critical need for Hosted Desktop Solutions (HDS), a small company providing hosted "opensource" IT solutions, to implement robust business process reengineering (BPR) due to its current state of chaos and mismanagement. As the newly appointed Chief Information Officer (CIO), the focus is on developing a Project Management Framework for the new HDS website, ensuring compliance with copyright laws, establishing ethical workplace policies, and safeguarding privacy. The report defines copyright, ethics, and privacy, referencing the Australian Copyright Act 1968 and its amendments, highlighting moral rights, and outlining the importance of comprehensive workplace policies and procedures. It also covers information about copyright for team members, the code of ethics and business conduct, and the organizational structure of the Copyright Agency. This is crucial for HDS to protect its intellectual property, foster a sound working environment, and ensure sustainable growth.

Assignment 12 Answer
About HDS:
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Networking is done using 4 years old instable server, unmanaged wiring and out of
date computers.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.
My Role
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.
What is copyright, ethics and privacy?

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.
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 law of Australia:
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.
Acts comprised in copyright (Copyright 1968)
 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

clearance if:
•it is for educational purposes, and
•they work for an educational institution that is covered by the Part VB educational
statutory licence
Copyright amendment act 2006:
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.
Moral rights:
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:
i. the right to be clearly and reasonably prominently identified as
the author, in any reasonable form
ii. the right to avoid false attribution, where the work is falsely
presented as being another's work.
 Integrity of authorship:
I. 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.
Workplace policies and procedures:
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.
Benefits of having workplace policies:
 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
Information about Copyright to team members:
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
Code of ethics and business conduct:
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.
Ethics policy:
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.
Corporate assets policy:
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.
Ethics in workplace:
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
Senior leaders to demonstrate and reinforce them as part of the culture of their
organisation
Ethics Framework:
Involvement of stakeholders:
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.
Analysis:

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.
Feedback of stakeholders:
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.
Reviews of code of ethics:
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.
Reviewing staff understanding:
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.

Organisation policies and procedures:
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.
Organisation guidelines:
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
Summary:
This assessment describes the develop copyright, ethics, and privacy policies and
procedures based on copyright, ethics, and privacy regulations and guidelines for the
case study business. This assessment is part of the IT Major Project, which is to
build a business website either for HDS and managing copyright, ethics and privacy
within an information communication and technology. Roles and responsibilities are well
defined to individuals. Policies and procedures are managed to handle increased growth.
Administrative response turns better, and systematic and client documents are well
managed in respective database thus increasing the annual turnover.
References:

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