Ethical and Legal Issues Chapter 2 A legal

Ethical and Legal Issues Chapter 2

• A legal concept that protects a creative work just as if it were physical property • • • Musicians Music companies Authors Personal work Photographs Safeguarding Intellectual Property

• Legal means of establishing ownership of intellectual property • Owner has legal right to restrict who may copy work • Does not prevent using work • Requires permission from copyright owner Copyright

• Idea converted into physical form • Briefest of presence • Includes digital media presence • Recording serves as physical presence • Eligible once it is shared in physical form • Copyright notice • Copyright date Name of Copyright Holder • Not a requirement to be legally protected Copyright

• Notice serves three purposes • Reminds users that work is protected • Establishes date when protection begins • Makes it easier to see permission to use work • Registration not required to be protected • Registration of copyright • Form required • Fee to U. S. Copyright Office ($35 and up) Copyright, cont.

• Exclusive right to do/authorize other to do: • Reproduce work in copies or phonorecords • a physical object in which sounds (except for the sounds that go with a movie or audiovisual work) are fixed, such as a compact disc • Prepare derivative works based on original • Distribute copies/phonorecords of work by sale, transfer of ownership, rental, lease, lending • Perform work publicly • Display work publicly • Perform work by means of digital audio transmission 1976 Copyright Act

• Created on or after January 1, 1978 • Life of author + 50 years • Created before January 1, 1978 • Brought under statute • Life = 50 years • Ask for permission to use copyrighted work 1976 Copyright Act

• Permission can be granted for free • Permission can be granted for royalty • Fee paid to the person who owns copyright on a creative work when it is used by someone else • Web sites may advertise royalty free • Images/music • Licensing agreement that gives the buyer almost unlimited permission to use a copyrighted image for a one-time fee Royalties

• Proprietary • Term used for software code that has restricted rights of use • • Owned by the company that created Software is licensed to you—you don’t own it Accept licensing limitations upon installation End-user license agreement(EULA) • Contract software purchasers must agree to before using software Software Licenses

• Open source • Software that allows others to use its code without cost • Copyright protections—copyleft • A licensing protection used by those who create open source software • Allows users to use, study, copy, share, and modify • GNU General Public License • The standard open-source contract or license Software Licenses, cont.

• File formats are proprietary—Microsoft file formats • Public domain • Creative work whose copyright restrictions have expired • Open source software Software Licenses, cont.

• Trademark • Word, phrase, or image used to identify something as a product of a particular business • Do not need to be registered • Offers protection from use by others without permission • ®--registered trademark • TM—unregistered trademark • United States Patent and Trademark Office Trademarks

• File sharing • Use of a network to move files between computers, often for illegal purposes • Copyright violation • Federal courts, U. S Supreme Court • Uploading or downloading copyrighted material without permission is violation of law • Punishable by large fines and possible imprisonment Illegal File Sharing

• Copying a product (often digital) for profit without authorization from the owner. • Music and video frequent items that are pirated • Billions of dollars are lost by companies Piracy

• Technology that prevents unauthorized copying of a digital work • Use in CDs and other media • Prevents even backup copies Digital Rights Management

• Use of copyrighted material • Fair use • 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 • Limited to educational copying • Very limited in commercial/business world Fair Use Guidelines

• 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 • Different from copyright infringement • Concern of academic world • Document sources to avoid plagiarism • Violation of many honor codes for educational institutions • Turnitin. com Plagiarism

• Five components • • • Author (or Web administrator) Date Title of article (or heading of page) Access date URL • Deep linking—citing a Web address that goes beyond the home or entry page Web Site Citations

• Two organizations • APA • American Psychological Association • MLA • Modern Language Association • Similar information needed for both • Differences are in capitalization, order, punctuation Citation Styles

• Help to create bibliography entries • Easy. Bib • Bib. Me Online Bibliographies

• Moral choices between right and wrong actions • Technology issues • Is it ethical to use your cell phone for personal calls while at work? • No policy against • Ethically correct? Ethics

• It is ethical to: • • • Make a model look thinner Change the color of the sky Add people to group photo Remove people from photo Distort images created by others Ethics/Photo Editing

• Consider how your actions affect others • • Does it hurt someone? Is it like stealing? Does it affect someone livelihood? Does it encourage others to do the same? Ethical Decision Making