Transcript EXAM NEXT WEEK - Plymouth State University

Intellectual Property Rights
and Ethics
Chapter 6
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What is Intellectual Property?
Intellectual property refers to creations of the mind:
• http://en.wikipedia.org/wiki/Intellectual_property
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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.
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What is Creativity?
• No good definition
• We think of it as being “human”
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Creativity
• Creativity is:
–
–
–
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Inventing
Experimenting
Taking risks
Breaking rules
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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.
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Art
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Science
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Art and Science
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A Painting by Salvador Dali
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Another Dali Painting
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Music
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Shock Value?
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Shock Value
http://www.youtube.com/wat
ch?v=eUy4U1n4REQ
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Amazing???
• http://www.youtube.com/watch?v=eoygH4h45jM
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Creative?
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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.
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Creative?
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Expert Systems
• Harold Cohen created an expert system
called AARON to create art.
Early drawings
by AARON
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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.
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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;
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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.
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Issue: The Napster Controversy
• Intellectual Property Rights
and Emerging Web
Technologies
• Sharing MP3 files through the
web
• Recording Industry
Association of America filed
suit
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YouTube Case
• http://news.cnet.com/8301-10784_3-9778087-7.html
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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.
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Patents
• Patents grant an exclusive right to an
invention for 20 years.
• In addition to products, processes and
procedures may be patented as well.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
• http://www.youtube.com/watch?v=iYhCn0jf46U
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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.
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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
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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.
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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.
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Cultural Differences
• Ethics are different in different cultures.
• Books criticizing religions
• Religious cartoons
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Exam Next Week
Lectures from Weeks 6, 7, 8, 9
Chapters 3, 4, 5, and 6
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