• Digital Media, 3e • 1

• Intellectual Property

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What is Intellectual Property?

• Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs

• It is a legal concept that protects a creative work just as if it were physical property

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SOPA – Stop Online Piracy Act

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1. A bill to expand the ability of U.S. law enforcement to fight online trafficking in copyrighted intellectual property and counterfeit goods

2. Court orders to bar advertising networks and payment facilities from conducting business with infringing websites

3. Prevent search engines from linking to the sites, and court orders requiring Internet service providers to block access to the sites.

4. The law would expand existing criminal laws to include unauthorized streaming of copyrighted content, imposing a maximum penalty of five years in prison.

SOPA – Stop Online Piracy Act

http://boingboing.net/2011/12/02/stephen-colbert-explains-sopa.html

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For Against

Hollywood, Recording Industries

Internet industries such as Google, proponents of freedom on the internet

Google & Wikipedia, January 18, 2012

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Copyright

• The term copyright literally means restricting the right of others to copy.

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Trademarks

• Trademarks– A trademark is a distinctive word, phrase, or

image used to identify something as a product of a particular business or organization

– It automatically conveys the identity of the organization it represent

– HHS H-Hawk is trademarked.

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Copyright vs. Trademark

1. The purpose of a copyright is to protect works of authorship as fixed in a tangible form of expression. Thus, copyright covers:

a) works of artb) photos, pictures, graphic designs, drawings and other forms of

imagesc) songs, music and sound recordings of all kindsd) books, manuscripts, publications and other written workse) plays, movies, shows, and other performance arts.

2. The purpose of a trademark is to protect words, phrases and logos used in federally regulated commerce to identify the source of goods and/or services.

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How to gain rights to copyrighted material

• Permission – simply ask to obtain permission to use copyrighted material

• Royalties – A royalty is a fee paid to the person who owns the

copyright on a creative work when it is used by someone else

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Copyright(continued)

• Software Licenses– Proprietary means the software code has

restricted rights of use– Open source software allows others to use its

code without cost

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Are Copyrights Needed?

• If there were no protections for creative work, would people still produce movies, publish music, or create software?

• Would artists paint and would writers write?

• Would you be more or less willing to be creative if you knew that your work could be used without your permission?

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Illegal File Sharing

• File sharing is a useful means of transferring Information from one computer to another

• The term file sharing has come to mean the illegal transfer of copyrighted material between computers

• A form of copyright violation• Having paid for a work does

not mean you can share it with anyone you choose

• Uploading or downloading copyrighted material without permission is against the law

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PhotoEuphoria/iStockphoto.com

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Illegal File Sharing(continued)

• Piracy– Piracy is copying a product (often digital) without

authorization from the owner– Music and video products as well as software are

frequently subjects of pirating• Digital Rights Management– Digital rights management (DRM) is a form of

technology that controls digital copying by inserting a software program into the CD (or other media) that restricts copying

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• http://boingboing.net/2011/12/02/stephen-colbert-explains-sopa.html

Queen vs. Vanilla Ice $$$$$$$$• http://www.youtube.com/watch?v=xtrEN-YKL

BM• http://www.youtube.com/watch?v=149jGeIlx3

I&feature=related

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Fair Use Guidelines

• Fair use is the right to reproduce a small part of a copyrighted work for educational or other not-for-profit purposes without having to obtain permission or pay a royalty fee

• To determine the amount of a work that may be used, you have to consider the overall work

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Defining Plagiarism

• Plagiarism is copying or otherwise using someone else’s creative work and claiming it as your own, usually in an academic or journalistic work, but also more recently in social media

• To avoid plagiarism, document the source of your material• It is not enough to cite the source of copyrighted material

to avoid copyright infringement• You cannot use copyrighted material in your own work

(except under fair use guidelines) without the owner’s permission – even if properly cited

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Using Proper Web Citations

• The five basic components of a proper Web site source citation are:– Author– Date– Title of Article– Access Date– URL

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• http://demo.fb.se/e/girlpower/retouch/• http://www.youtube.com/watch?v=hibyAJOS

W8U• Spoof on Dove campaign– http://www.youtube.com/watch?v=7-kSZsvBY-A&f

eature=related

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Ethics and Photo Editing

• Moral choices between right and wrong actions are referred to as ethics

• Some ethical questions for image editing:– Is it ethical to make a model look thinner than she is in real

life?– Is it ethical to change a sky from cloudy to bright blue?– Is it ethical to add a missing family member to a group photo?– Is it ethical to remove someone from a photo because you no

longer like that person?– Is it ethical to use a photo taken by someone else and distort

the image, making the subject appear ridiculous?

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Key Concepts

• Intellectual property is a creation of the mind that is treated as a tangible property

• Copyright laws give the owner of a creative work the legal right to restrict who may copy the work

• A trademark is a distinctive word, phrase, or image that visually identifies something as a product of a particular business or organization

• Fair use allows students and some professionals to reproduce a small part of another person’s work, though proper credit should be given to the creator

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Key Concepts(continued)

• Plagiarism involves copying another person’s creative work and claiming it as your own

• Piracy involves stealing another person’s creative work, usually for profit

• Ethical decisions require you to make choices about what is right

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