Information Ethics II:

CPRG 105 Lesson 2

Why should I care about…?

Do you ever…?

Create something?

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

Something NEW!!!

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).