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Plymouth State University Intellectual Property Rights and Ethics Chapter 6.

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1 Plymouth State University Intellectual Property Rights and Ethics Chapter 6

2 What is Intellectual Property? Plymouth State University Intellectual property refers to creations of the mind:

3 What are Intellectual Property Rights? The legal rights of creators of original works –Works must be original and creative Intellectual property rights define who may use, perform, or display the work. Plymouth State University

4 What is Creativity? No good definition We think of it as being “human”

5 Plymouth State University Creativity Creativity is: –Inventing –Experimenting –Taking risks –Breaking rules

6 Plymouth State University What is “Creative Work?” The first big issue involves defining what it is to make a creative work. The law requires that it exist in some tangible form -- it can't just be in your head or sailing through the ether, it has to be on disk, paper, carved in stone (sculpture) or the like. It has to be creative (that's a tough one for lawyers to define) and that means it can't just be factual data. But just about anything you write in English (or C++) is going to be a creative work, anything you photograph or sculpt or draw or record.

7 Plymouth State University Art

8 Plymouth State University Science

9 Art and Science Plymouth State University

10 A Painting by Salvador Dali

11 Plymouth State University Another Dali Painting

12 Music Plymouth State University

13 Shock Value?

14 Plymouth State University Shock Value ch?v=eUy4U1n4REQ

15 Plymouth State University Amazing???

16 Plymouth State University Creative?

17 Plymouth State University What is Creativity? –Maillardet’s Automaton (1805): Object having human form. Disguised as a young boy. Machine containing levers, ratchets, cams and other mechanical devices. Could draw several complex images. Because it had human form and could draw complex images, a certain feeling of intelligence was ascribed to the machine.

18 Plymouth State University Creative?

19 Plymouth State University Expert Systems Harold Cohen created an expert system called AARON to create art. Early drawings by AARON

20 Plymouth State University Protecting Intellectual Property Although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes. –A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office – A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. –Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished.

21 Copyrights Copyrights protect the creators of original works and are granted automatically once a work exists in a physical medium. A copyright can be registered, which provides additional protection should infringement occur. The copyright symbol © can be used to remind others that content is copyrighted; Plymouth State University

22 Copyright Protection Books, music, movies, and other types of intellectual property are protected by copyright law. These items are still often used in an illegal or unethical manner. Presenting someone else’s work as your own is referred to as plagiarism, which is illegal and unethical. Plymouth State University

23 Issue: The Napster Controversy Intellectual Property Rights and Emerging Web Technologies Sharing MP3 files through the web Recording Industry Association of America filed suit

24 YouTube Case Plymouth State University

25 Trademarks Trademarks are words, phrases, symbols, or designs that identify an organization’s goods or services. Trademarks may use the symbols ™ or ®. In addition to logos and text-based phrases, domain names are also protected by law. Registering a domain name with the intent to profit from someone else’s trademark is called cybersquatting. Plymouth State University

26 Patents Patents grant an exclusive right to an invention for 20 years. In addition to products, processes and procedures may be patented as well. Plymouth State University

27 Protecting Original Works Digital watermarks can be incorporated into digital content so that the copyright information can be viewed, even if the work is altered. Digital rights management ( DRM) software can be used to protect the rights of creators and to manage digital content, such as art, music, photographs, and movies. Plymouth State University

28 LEGISLATION There are numerous laws in place to protect intellectual property. There are laws relating to trademark and copyright terms, and there are a number of laws protecting various types of intellectual property It is illegal to record a movie as it is being shown in a movie theater. Plymouth State University

29 Legislation (continued) 1946 Lanham Act ( Trademark Act of 1946) Allows the registration of trademarks for commercial purposes and prohibits the use, reproduction, or limitation of registered trademarks. 1976 Copyright Act of 1976 Gives the owner of a copyright the exclusive right to publish, reproduce, distribute, perform, or display the work. 1997 No Electronic Theft ( NET) Act Expands computer antipiracy laws to include distribution of copyrighted material over the Internet Plymouth State University

30 Legislation (continued) 1998 Digital Millennium Copyright Act Makes it illegal to circumvent antipiracy measures built into digital media and devices. 1998 Children’s Online Privacy Protection Act ( COPPA) Regulates how Web sites can collect information from minors and communicate with them. 1998 Copyright Term Extension Act Extends the duration of copyright in a work created on or after January 1, 1978 by 20 years. 1999 Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 Plymouth State University

31 Legislation 1999 U. S. Anticybersquatting Consumer Protection Act of 1999 Amends the Lanham Act of 1946 to extend trademark protection to domain names and makes cybersquatting illegal. 2001 Child Internet Protection Act ( CIPA) Requires public libraries and schools to use filtering software to block access to certain Web content in order to receive public funds. 2005 Family Entertainment and Copyright Act Makes it illegal to transmit or record a movie being shown at a movie theater. Plymouth State University

32 Government Protection vs. Government Censorship There has always been a delicate balance between what is viewed as government protection and what is viewed as government censorship. Censorship, typically defined as restricting access to materials deemed objectionable or offensive, is performed at some level by every government— even in the United States. Plymouth State University

33 Information from “The Net” There's a pretty simple rule when it comes to the Net. If you didn't write it, and you want to reproduce it, ask the creator.

34 ETHICS Ethics are standards of moral conduct. Ethics with respect to the use of computers are referred to as computer ethics. Computer ethics have taken on more significance in recent years because the increased use of computers. Today one of the most important ethical concerns regarding computers is using someone else’s property in an improper way. Plymouth State University

35 Ethics An unethical act is not always illegal, although it might be An illegal act is usually viewed as unethical by most people. Example - purposely lying to a friend is unethical but usually not illegal, while perjuring oneself in a courtroom as a witness is both illegal and unethical. Plymouth State University

36 Computer Hoaxes A computer hoax is an inaccurate statement or story spread through the use of computers, often by E-mail. It is a good idea to make sure questionable information is not a computer hoax before passing the information on to others. Digital manipulation is the use of computers to modify something in digital form, usually text or a photograph. Plymouth State University

37 Altering Digital Photographs Digitally altering photographs sometimes has a positive or an ethically acceptable use, such as aging photos of missing children Digital manipulation on photographs published in newspapers and magazines is viewed as highly unethical by many people. Ethics and moral standards may vary from country to country and from culture to culture. Plymouth State University

38 Plagiarism To present some-one else’s work as your own is plagiarism, which is both a violation of copyright law and an unethical act. Plymouth State University

39 Digital Manipulation Computers make it very easy to copy or modify text, images, photographs, music, and other digital content. In addition to being a copyright concern, digital manipulation can be used to misquote individuals, repeat comments out of context, retouch photographs— even create false or misleading photographs Plymouth State University

40 Ethically Questionable Products or Services eBay states that it prohibits the sale of some controversial or sensitive items, in addition to illegal items. –eBay will not allow items that promote or glorify hated; violence; or racial, sexual, or religious intolerance. – eBay bans Nazi propaganda materials, Ku Klux Klan ( KKK) memorabilia, crime scene and morgue photographs, and letters and belongings of notorious criminals, even though sellers may legally be able to sell such items elsewhere. Plymouth State University

41 Craigslist Example Craigslist has been under fire recently for numerous crimes that have occurred via ads posted on its site. Craigslist did not agree to censor ads or eliminate its adult-oriented categories, but did recently agree to crack down on ads for prostitution. Plymouth State University

42 Cultural Differences Ethics are different in different cultures. Books criticizing religions Religious cartoons Plymouth State University

43 Exam Next Week Lectures from Weeks 6, 7, 8, 9 Chapters 3, 4, 5, and 6

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