Managing Copyright, Ethics, and Privacy: HDS CIO Report - ICTICT610

This report, prepared for the ICTICT610 unit at Wentworth Institute of Technology, addresses the role of a Chief Information Officer (CIO) at Hosted Desktop Solutions (HDS), a small IT company. The assignment focuses on project management for a new website build and emphasizes the importance of copyright, ethics, and privacy within the project and the company's overall operations. The report defines copyright, ethics, and privacy, outlines the Australian copyright law, and discusses the implications for HDS. It analyzes the company's business context, including its growth, competition, and resource constraints, to highlight the need for robust ethical and legal frameworks. The report examines the Copyright Act 1968 and its amendments, including the Copyright Amendment Act 2006, and explains protected subject matter, exclusive rights, and infringement. The report also discusses the CIO's responsibilities in establishing a high-quality project management framework, ensuring compliance, and managing risks related to intellectual property, data protection, and ethical conduct. The report concludes by emphasizing the importance of ethical and legal compliance for HDS's continued success and growth, particularly in the context of cloud computing services and website development.

[managing copyright, ethices and privacy]
Protection of critical infrastructures has a growing role in national security issues. These include
power and water supplies, traffic management systems, financial services and communication
networks. Attacks on any of these can damage economies, cause disasters and may lead to loss of
life. Dependence on critical infrastructures in modern societies makes them targets for organized
crime and terrorism.
2017
Wentworth institute of
technology
Gurwinder Singh
WIN160133

Assessment Coversheet
Last name: Singh
First name: Gurwinder
WIN ID: WIN160133 Student contact phone number:0435024004
Student email: [e-mail]
Have you changed your address or contact details recently? Please advise us below of any
changes:
Unit of study code: ICTICT610XXXXXXXX
Unit of study name: Manage copyright, ethics and privacy in ICT environment
Unit of Study Trainer: Ram
Assessment title and Number: Managing copyright, ethics and privacy and #12
Due date: XX/XX/XXXX – OR –
I have been granted an extension/Special Consideration until XX/XX/XXXX
Time & date submitted: HR:MIN AM / PM XX/XX/XXXX
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(http://www.win.edu.au/images/Student_Handbooks/WIN_Shb_VET_v13_Oct_2013%20_2_.
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plagiarism checking service (which may then retain a copy of the assessment on its
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Student’s signature: Gurwinder Singh Date 09/03/2017
About HDS:
HDS is a small full service company located in the Sydney IT hub of North Ryde. It will
install hardware, software, configure and manage systems, create websites, intranets and
extranets. Clients currently come from design companies and other individual companies
who do not see a need to internally manage their IT infrastructure as it is not a core result
area. The company's two founders (brothers Bob and Jeff) are still very hands on in all
aspects of the business, including still looking after foundation clients. There is a small 2
person administration team, a senior and junior IT technician. Marketing and Customer
Relationship Management are still handled by the founders. The company is still delivering
some hosted services from equipment within the premises. As well as developing open
source solutions for clients, the company has also started to develop and deploy its own
applications. Again most of this work is carried out by the founders. The company is
undergoing significant growth as "cloud" computing is becoming more acceptable, and
affordable, for businesses small and large. The company has identified significant
opportunities to expand the depth and breadth of its "cloud" computing services, particularly
into the education sector. These services are expected to increase revenues from current
customers, increase the company's market share, and create opportunities to enter other
markets. However, other larger more well-known competitors are also making inroads into
these markets. While these companies do not offer the same level of high quality customer
service that HDS is renowned for, they can offer very competitive pricing, and are often
preferred by the bigger customers that HDS is trying secure. Additionally while the market for
cloud computing services is expanding, actual IT expenditure is not. So while the company is
having resource capacity issues across all areas of the business (knowledge management,
planning, human, IT infrastructure, organisational, budgets) revenues are not increasing
sufficiently to enable additional resource investment; staff are feeling the strain.
My role:
I have been hired as the Chief Information Officer (CIO) for a small company "Hosted
Desktop Solutions" (HDS), which provides hosted "open-source" IT solutions to small and
medium sized businesses. Having completed “requirements” (information) gathering for the
new HDS website, it is now time to develop the Project Management framework for the
website build. While there is an expectation that you able to be hands-on for the build, your
primary responsibility is Project Management and delivery. To establish an IT project
management standard of the highest quality for HDS, you are going to use the full range of
formal project management methodology to deliver this project.
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.
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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:
The copyright law of Australia defines the legally enforceable rights of creators of creative
and artistic works under Australian law. The scope of copyright in Australia is defined in the
Australian copyright act 1968 (as amended), which applies the national law throughout
Australia. Designs may be covered by the Copyright Act (as sculptures or drawings) as well
as by the Design act. Since 2007, performers have moral rights in recordings of their work.
Until 2004, copyright in Australia was based on the "plus 50" law which restricts works until
50 years after the author's death. In 2004 this was changed to a "plus 70" law in line with the
USA and European Union, but this change was not made retroactive. The consequence is
that the work of an author who died before 1955 is normally in the public domain in Australia.
Copyright act 1968:The British Copyright Act 1911 continued to apply in Australia until
the Australian Copyright act 1968 came into force on 1 May 1969. The 1968 Act was
enacted following the collapse of the imperial system after the passage of the British
Copyright act 1956, and following recommendations of the Spicer Committee, which had
been appointed by the Australian Attorney-General in 1958 to review the 1912 Act to see
what changes were necessary for Australia to ratify the Brussels Act of the Berne
convention. The 1968 Act remains in force today, but has been amended on a number of
occasions. The first major review occurred in 1974 when the Whitlam government appointed
the Copyright Law Committee, chaired by Justice Franks, to examine the impact of
reprographic reproduction on copyright law in Australia. The committee was also asked to
examine the impact of photocopying and "to recommend any alterations to the Australian
copyright law to affect a proper balance of interest between owners of copyright and the
users of copyright material in respect of reprographic reproduction." During its deliberation
the Franks Committee observed that because Australia was a net importer of copyrighted
works it should be careful to not adopt too radical solutions. The franks Committee
recommended, amongst others, the adoption of a statutory licensing scheme. When
commencing its review the Committee stated that the primary purpose of copyright law was.
Copyright amendment act 2006:The Copyright Amendment Act 2006 made changes
required by the US-Australia Fee Trade Agreement. In particular, it strengthened anti-
circumvention laws, for the first time making it illegal in Australia 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. Like the FTA language, the new anti-circumvention law is closely modelled on
the US Digital Millennium copyright Act, although it is not identical. The Act also introduced a
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series of new exceptions into Australian copyright law. The best known are the private
copying exceptions, which follow on from proposals by former Attorney-General Philip
Ruddock to allow people to record most television or radio program at home to watch at a
later time with family or friends, and to format-shift their music (make copies from CDs onto
personal computers and portable music players). Unlike some countries in Europe, or
Canada, there is no fee or licence payment on players to compensate copyright owners for
these private copies, although the exceptions are narrowly defined and do not allow, for
example, making copies for friends or family. The Act also introduced a copyright exception
allowing parody and satire, and an exception to allow certain non-commercial use by public
sector institutions like universities, schools, art galleries and archives; provided that an
Australian court decides an exception would be consistent with the Berne Three step test.
The other notable change made by the Act was to expand the provisions concerning criminal
copyright infringement. The Act introduced strict liability offences for some copyright
infringements, and a system of 'Infringement Notices' (on the spot fines). The stated aim of
these provisions is to make copyright easier to enforce, particularly against commercial
infringers. After concerns from user groups and the Senate Standing Committee on Legal
and Constitutional Affairs, many strict liability offences that would have applied to non-
commercial acts were removed from the final bill.
Protected subject matter, exclusive rights and infringement: Australian copyright
law has been influenced significantly by the structure of English law, in addition to the Berne
convention and other international copyright treaties. Thus there is an exhaustive set of
types of material protected, and an exhaustive set of exclusive rights. In terms of the types of
material, Australian law confers rights in works, also known as "Part III Works" (after the Part
of the Act dealing with this): namely, literary works, musical works, artistic works, and
dramatic works. 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. To be protected, material must fall into
one of these exclusive categories. The rights in Part IV subject matters are more limited,
because infringement requires exact copying of the actual subject matter (sound-a likes or
remakes are not covered).In terms of the exclusive rights, different kinds of subject matter
have different rights. Owners of copyright in works have rights to reproduce, publish
(meaning publish for the first time), perform, and adapt the work, and communicate it to the
public (including broadcast, or communicate by making available online). The rights of
owners of copyright in artistic works are more limited (there is no right to control public
display of artistic works). Owners of copyright 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 owner's
exclusive rights, without the authorisation of the copyright owner (assuming that one of the
exceptions does not apply).
Moral rights: 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:
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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)
There are also proposals in Australia for the recognition of "Indigenous communal moral
rights", aimed at assisting indigenous people to protect the integrity and sanctity of
indigenous culture. A draft bill was circulated to a limited set of stakeholders in 2003; since
then the Bill has been listed as one the government planned to pass, but has yet to be
introduced. From mid-2007, performers have also been granted moral rights in recordings of
their performances, similar, but not identical, to the moral rights granted to authors. These
were introduced as a result of Australia's ratification of the WIPO Performances and
Phonograms Treaty, which was required by the Australia's free trade agreement with
Singapore, and the Australia-United states Free Trade Agreement.
Workplace policies and procedures: A policy is a statement which underpins how
human resource management issues will be dealt with in an organisation. It communicates
an organisation’s values and the organisation’s expectations of employee behaviours and
performance. Workplace policies often reinforce and clarify standard operating procedure in
a workplace. Well written policies help employers manage staff more effectively by clearly
defining acceptable and unacceptable behaviour in the workplace, and set out the
implications of not complying with those policies. A workplace policy consists of a statement
of purpose and one or more broad guidelines on action to be taken to achieve that purpose.
The statement of purpose should be written in simple terms, free of jargon. 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.
Benefits of having workplace policies:
 are consistent with the values of the organisation
 comply with employment and other associated legislation
 demonstrate that the organisation is being operated in an efficient and businesslike
manner
 ensure uniformity and consistency in decision-making and operational procedures
 add strength to the position of staff when possible legal actions arise
 save time when a new problem can be handled quickly and effectively through an
existing policy
 foster stability and continuity
 maintain the direction of the organisation even during periods of change
 provide the framework for business planning
 assist in assessing performance and establishing accountability
 Clarify functions and responsibilities.
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)
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 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 subsequent to 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
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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
The 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.
Particular attention should be paid to the views of representative bodies and those most
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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 your code of
conduct by requiring them to complete a survey or questionnaire. Focus your questions on
any new sections and particular areas of your code that you think your staff may not fully
understand. The surveys will identify areas that staff may need further training in and areas
of your code that may be unclear and need reviewing. 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: A policy is a course of action or
guidelines to be followed whereas a procedure is the ‘Nitti gritty’ of the policy, outlining what
has to be done to implement the policy. For example, a staff recruitment policy could involve
the following procedures:
1. All vacant paid positions will be advertised in local and state-wide papers.
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:
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 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.
References:
1. Case study
2. Book of business analysis by Debra Paul, James and Donald Yeates.
3. https://en.wikipedia.org/wiki/Ethics
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