Presentation on theme: "Ethical & Legal Information Use. Intellectual property is any creation of the intellect that has commercial value. Copyright law protects "original."— Presentation transcript:
Ethical & Legal Information Use
Intellectual property is any creation of the intellect that has commercial value. Copyright law protects "original forms of expression", Gone with the Wind (the book and the movie) Star Wars, Fiddler on the Roof, U2’s Joshua Tree, etc. Patent law protects inventions -- windsurfers, chemical processes, genetically engineered mice. Trademark law protects words and symbols that identify goods and services – “McDonalds” and its logos, the distinctive shape of a Ferrari Testarossa. The "right of publicity" protects celebrities' interests in their images and identities
First U.S. Copyright Act enacted in 1790 by the first Congress Today, Title 17 of the U. S. Code is the Copyright Act, which is a Federal law Revised 1976 to include “fair use” doctrine Copyright law gives author (or other copyright holder) exclusive rights to the use of that work for a defined period of time. Fair Use allows copyrighted material to be used without permission in very specific and limited circumstances
1998: Copyright Term Extension Act (CTEA), also called the Sonny Bono Copyright Term Extension Act (or the Mickey Mouse Protection Act) Stopped the progress of copyright expiration with works published before Anything published in 1923 or later is still protected Anything under copyright in 1998 will remain copyright protected until at least 2018 No designation or registration is needed for a work to be protected under copyright
Specific to electronic / digital materials Limited fair use for digital (electronic) materials Stricter rules and higher penalties for copyright violations involving electronic and digital content
Every year, individuals and businesses incur huge legal bills, fines of all sizes, and more because of copyright violations You may be putting yourself or your employer at risk Most people want to obey laws if they can understand them Violates the purpose of copyright – to encourage and promote creativity and the growth of knowledge by providing benefit to those engaged in such pursuits
Photographs Video recordings Sound recordings Written work Published work Unpublished work Software code Dramatic works Television broadcasts Radio broadcasts Dance choreography Architectural designs Any original, creative work with some aspect fixed in a tangible (including digital) format:
Copyright and plagiarism are both very serious, but they’re also very different. Plagiarism is an academic infraction created by incorrect or missing citations of the words, thoughts, and ideas of others. Copyright applies in all situations to tangible creations. It is a Federal crime to violate copyright. Fair Use exempts student researchers from the copyright law under certain conditions, but researchers must abide by the rules of scholarship, including avoiding plagiarism
Technology has made copyright violations quick, easy, and common: Photocopy an article Save a web image Copy and paste text Rip a CD Download and watch a movie without payment Duplicate software
The DSU Student Rights and Responsibilities Code prohibits copyright violations: Infringing on the copyright law of the United States which prohibits the making or reproduction of copyrighted material except under certain specified conditions. Copyright violations are Federal crimes and may incur monetary fines, prison sentences, or both. Music and video file sharing can include copyright violations In June 2009, a student in Minnesota was ordered to pay $80,000 per song for copyright infringement by downloading 24 songs – that’s $1.92 million In August 2009, a Massachusetts student was fined $675,000 for downloading 30 songs from a P2P network (peer to peer file sharing) (that’s $22,500 per song)
Using the words, thoughts, or ideas of someone else without giving appropriate credit Can be accidental or intentional Not the same as copyright violations Plagiarism is a serious academic infraction You are expected to use outside sources, especially the work of experts You must also know how to integrate those so you avoid plagiarism
Most often our ideas are based on and influenced by the findings, claims, and analyses of others The majority of the work you do in college will at least be prompted, shaped, and altered based on what others have said Our ideas emerge in response to the ideas of others When enrolled in college courses, you are agreeing to “abide by the rules of scholarship wherein we carefully give credit to others.”
According to the DSU Student Rights and Responsibilities Code also lists plagiarism as a prohibited activity: Plagiarism, which is the unacknowledged (noncited) use of any other person or group's ideas or work. This includes purchased or borrowed papers. Consequences for violating the DSU Student Code include: Warning, reprimand, grade adjustment, academic probation, suspension, expulsion, fee assessments, restitution, denial of degrees, etc.
Dependent on Character of the use Nature of the material Amount and importance of the portion copies Effect on the market for the original item Fair Use is what allows us, as students, to make copies for our personal research
The Copyright Act states that “the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, satire, parody, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” This important condition allows copyrighted materials to be used under certain conditions. Fair Use usually excludes commercial enterprises (other than news reporting, criticism, and comment) Fair Use allows copyrighted material to be used in academic situations, under strict rules Teaching Research Scholarship
One thing that fair use does cover is making a single copy (in print or digital format) of almost any material for scholarly or research purposes. Most of what an individual student does in a college course is covered by fair use, especially if s/he rigorously adheres to plagiarism prevention rules. The restrictions on multiple copies, even for teachers, are much stricter. Before you push “print” on a photocopier or computer, consider carefully if you should get permission, even if the purpose is listed above.
Just because you may not reap financial benefits from the use of an item does not make it fair use. Even if you don’t charge a fee, you may still be cheating the copyright holder. Just because you are doing something for a “good cause” (not-for profit organization) does not make it fair use. If you are depriving the copyright holder from earning justifiable income from his/her work, you may be in copyright violation.
The rules become even stricter once the student is no longer in an academic, scholarly, research environment. If you are depriving someone of earning income by circumventing the purchase of the item (photocopying, printing, digitizing, or recording material without permission, for example) you are probably in violation of the law. Fair use does not mean that any not-for-profit organization can use copyrighted material without permission. It does not mean that because you're not charging a fee you can use copyrighted material without permission. Remember, most content on the Internet is “owned” by someone. The World Wide Web is not a free grab bag of intellectual property for the taking.
If something is protected under copyright? Copyright only applies to tangible works – not ideas, but physical manifestations of ideas No registration or copyright symbol is required Facts cannot be copyrighted, but their interpretations and contexts can be Copyright applies to more than just written work
Even without a copyright symbol or other notice, you must assume that a creative work is protected under copyright. Creative work does not apply to artistic sensibility in this case. In copyright terms, creative refers to the originality of the work as a production of the human mind. To be copyrighted, a work has to be produced in some form. This includes web sites. Just because something is available on the World Wide Web doesn't make it copyright free! In fact, most good information online is copyrighted.
You must get permission to use copyrighted material in all cases other than Fair Use. Most people who hold copyright on an item are willing to give others permission to use it. Whether or not there is a fee will often depend on the copyright holder’s beliefs, the use you propose, the extent of that use, the market for the item, etc. Considering copyright permission can be a useful test for someone considering using the copyrighted work of another. Consider the request; would you agree to it if you had created the original material and depended on your livelihood for its sale? If the honest answer is no, then you shouldn’t use it without permission.
Anything published before 1923 is in the public domain and can be used by anyone for any purpose. All publications of the U.S. government are in the public domain. Other items are specifically created to be copyright free. These include works that are marked “license free” and “public domain”. Just because the original of a work was published long ago (like the music of Mozart) does not mean that their published versions are copyright free. Even an item in the public domain needs to be correctly cited to avoid plagiarism.
The works of Mozart (and Jane Austen and William Shakespeare and thousands of others) are copyright free, but the context is not. A published work of Mozart is protected. You can’t copy and distribute the music without permission. The publisher’s font, arrangement, organization, layout, etc. is protected. However, you can publish your own version of Mozart’s original work and sell it.
Just like adherence to most laws, it is your responsibility to uphold others’ copyright as part of using information ethically. Be especially careful if you violate copyright while in a position with any organization that can be seen to hold assets, even not- for-profit organizations like schools, churches, or charitable organizations. The presence of assets may make it worth the time and effort of the copyright holder to seek a judgment against the organization you are representing. Even if the eventual decision is in your favor, the legal and other costs associated with defending fair use can be substantial. Copyright laws are consistently being strengthened, and no individual or entity is exempt, no matter how geographically remote or motivationally virtuous.
The ethical use of information includes four elements we have now covered in LIB 1010: Citing sources using the correct style Avoiding plagiarism Obeying copyright Complying with fair use
The fact that some people are precluded from accessing information because of a lack of technology a lack of computer skills a lack of access to informational resources a lack of information literacy As Internet use has grown and content found online has expanded, it would seem logical that the gap between the “haves” and “have nots” would narrow, but this is not the case.
Still need help knowing what is copyright? Go to the library’s Research Guide on Copyright and Fair Use and Plagiarism Library Homepage > Research Guide > Copyright
You’re now ready to take Quiz 7. It’s located in Module 7. Although the quiz is open book, remember that the Final Exam is not, so you’ll need to actually be learning the content not just filling in the bubbles. If you have any questions or run into any problems, please let us know. Don’t procrastinate taking the Final Exam. We’ve found you will forget things if you wait too long!