Published on March 13, 2014
Information Ethics II: CPRG 105 Lesson 2
Why should I care about…?
Do you ever…?
Download or Upload? Music Internet YouTube Images
Have to read articles on Electronic Reserves? • Every time you sign in to ERes • Agree to “fair use”
Give Presentations in Class? • Using copyrighted image or video clip • In your PPT • Face-to-face • One time
Have a Class Where… • Instructor uses copyrighted images or video clips? • In face-to-face classroom • To help make a point
Do you ever…? • If you ever DO or experience ANY of these scenarios, THEN • YOU are involved with COPYRIGHT • And issues of “fair use” and getting permission
Protecting Creativity Intellectual Property Law Patents Trademarks Copyright
Intellectual Property Law • Copyright protects expression. • Trademarks protect brand names. • Patents protect ideas.
What is copyright? • Copyright protects people who have created something tangible. • It applies to any original work that is in “fixed form” • Does not have to be published • Does not need to be registered or have a copyright symbol - © • You cannot copyright IDEAS!
Protects the rights of…
Works in “fixed form”
Can you copyright IDEAS?
Copyright Act of 1976 Gives the copyright owner the exclusive RIGHT to: • Make copies • Sell or distribute copies • Prepare new (derivative) works • Perform/display Copyright owner can grant permission to others to do any of the above.
Sonny Bono Copyright Extension Act (1998) • Changed copyright law • Now copyright expires 70 years after the death of the owner • Copyright is not renewable
What if… Something is copyrighted and I want to use it?
Check to see if: Your use of the copyrighted material would be considered “fair use”
Fair use Allows limited use of a copyrighted work without harming the copyright owner financially
Generally, fair use falls under the categories of:
Still... Just because copyrighted material is used for the purposes of: • News • Criticism • Parody • Education Does NOT automatically mean it is “fair use”!
So, HOW do I determine... If something is “FAIR USE” or not???
Four Factors of Fair Use 1. Purpose 2. Nature 3. Amount 4. Effect You must apply ALL 4 factors!!!
1. Purpose WHY are you using it?
WHY? Educational purposes are more likely than commercial purposes to be fair use.
2. Nature WHAT KIND of work is the original?
Fact vs. Fiction 1492 Using a factual or non-fiction work is more likely to be considered fair use.
Published vs. Unpublished Using published work is more likely to be considered fair use.
3. Amount Less More The less you use, the more likely it is to be considered fair use.
But, regardless of how little you take, DON’T TAKE… The heart of a work!!!
4. Effect WHAT is the effect of its use on the potential market for the copyright owner?
Taking money away from the copyright owner is a… NO-NO!!!
If you apply ALL 4 factors of fair use • AND you can say “YES” to ALL of them, • THEN it is considered FAIR USE. • And you may use the copyrighted material without getting permission. • But you still must CITE it!
Getting Permission • If it doesn’t fall under “fair use,” you must obtain PERMISSION to use the work/image. • Sometimes you must pay a FEE. • Sometimes you may use it for FREE with their copyright statement. • Email an author or website for permission.
What happens if you violate copyright? If willfully...
Everything is NOT copyrighted! • That is correct! • Some materials are in the: • And some have licenses which allow you to use them more freely
Public Domain • Applies to works that are: – Not copyrighted or – No longer covered by copyright • Anyone can use public domain works without permission!
Generally, public domain includes: • Works published before 1923 • US federal government info • Works put into public domain by their creators
Copyright Creative Commons Licenses Public Domain “No rights reserved.”“All rights reserved.”
What’s the difference? Plagiarism vs. Copyright Violation
What’s the difference? Plagiarism • Using someone else’s words OR ideas • Without giving CREDIT • Passing it off as your own • ETHICAL issue Copyright Violation • Using someone else’s work • Without PERMISSION • LEGAL issue
How do you avoid? Plagiarism • Do your own work • Cite your sources properly Copyright Violation • Fair Use • Get permission • Use Public Domain or Creative Commons material
Attribution vs. Permission • WARNING: Just because you cite a copyrighted work (give ATTRIBUTION) does NOT mean you do not have to get PERMISSION to use a copyrighted work. • Also, just because you get PERMISSION(or don’t need permission), does not mean you do NOT have to also cite (give ATTRIBUTION).
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