Transcript LIB 1010 Module 8 - Dixie State University Library

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
http://cyber.law.harvard.edu/property99/history.html#*
 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 1923. 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
http://www.ladas.com/NII/CopyrightPurpose.html)
Any original, creative work with some aspect fixed in
a tangible (including digital) format:
 Photographs
 Software code
 Video recordings
 Dramatic works
 Sound recordings
 Television broadcasts
 Written work
 Radio broadcasts
 Published work
 Dance choreography
 Unpublished work
 Architectural designs
 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:
 33.5.1.4.13 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:
 33.5.1.4.8 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.
http://arl.cni.org/info/frn/copy/timeline.html
 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 notfor-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
 http://libguides.dixie.edu/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!