Ethical Issues

Introduction to Copyright, Plagiarism Get out your note sheet.

3 What are Ethics? Ethics is concerned with moral dilemmas, or what is right or wrong. Computer ethics deal with ethical principles for computer users.

4 Ethics and the Internet To keep the Internet a fun place for all, certain ethical rules should be followed by everyone. When you are on the Internet, it is important to consider the following: – –Copyrights – –Trademarks – –Public domain Types of legal problems that arise from computer use include: – –Plagiarism – –Software Piracy – –Copyright Infringement

Copyright 1 5

6 Two Types of Information The Internet has hundreds of millions of Web sites. Each Web site contains one of two types of information: Copyrighted or registered information Public domain information

7 Copyright is closed Public Domain is open

Copyright Copyright is a form of protection given to the authors or creators of “original works of authorship,” including literary, dramatic, musical, artistic and other intellectual works. Every time you create something you own the copyright to it. It is your intellectual property. 8

Copyright What that means is that, as the author of the work, you alone have the right to do any of the following or to let others do any of the following: – –make copies of your work; – –distribute copies of your work; – –perform your work publicly (such as for plays, film, dances or music); – –display your work publicly (such as for artwork, or stills from audiovisual works, or any material used on the Internet or television); and – –make “derivative works” (including making modifications, adaptations or other new uses of a work, or translating the work to another media). 9

What can be copyrighted? Copyright protects "original works of authorship" that are Fixed in "a tangible form of expression." The fixed form does not have to be directly perceptible so long as it can be communicated with the aid of a machine or other device. Copyrightable works fall into the following categories:Fixed – –literary works (which includes computer software); – –musical works, including any accompanying words; – –dramatic works, including any accompanying music ; – –pantomimes and choreographic works; – –pictorial, graphic, and sculptural works; – –motion pictures and other audiovisual works; – –sound recordings; andsound recordings – –architectural works. 10

What is not protected? Not everything is protected by copyright law. The following are categories of things not protected: Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (but written or recorded descriptions, explanations, or illustrations of such things are protected copyright); Titles, names, short phrases, and slogans; mere listings of ingredients or contents (but some titles and words might be protected under trademark law if their use is associated with a particular product or service); Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or otherwise recorded; Works consisting entirely of information that is commonly available and contains no originality (for example, standard calendars, standard measures and rulers, lists or tables compiled from public documents or other common sources); and Works by the US government. 11

Copyright In general, it is illegal for anyone to do any of the things listed above with a work created by you without your permission, but there are some exceptions and limitations to your rights. One major limitation is the doctrine of “Fair Use.” We will talk about fair use later. 12

Plagiarism 2 13

14 Plagiarism Plagiarism is the unauthorized use of someone else’s intellectual property. – –Intellectual property rights refer to an individual’s ownership over original works. There are legal implications or consequences of plagiarism.

15 Copyright Infringement Intellectual property, in the form of text, images, and audio, is protected under copyright. This type of plagiarism is called copyright infringement.

What is the penalty? If you commit copyright infringement you may be taken to court and have to pay an amount of money to the owner of the work. If the copyright is registered (has the logo) you will have to pay even more and will be found guilty on criminal charges. 16

Proving It.. Copyright infringement is proven by: – –The infringing work is “substantially similar” to the copyrighted work* – –The alleged infringer had access to the copyrighted work. *There are no clear rules for deciding when “substantial similarity” exists between two works. Courts look for similarities in sound, words, format, layout, sequence, and other elements. 17

Fair Use 3 18

19 Now on to Fair Use: The Fair Use doctrine states that a brief selection from copyrighted work can be used for: – –Commentary – –Parody – –News reporting – –Research – –Education

20 What is Fair Use? You are aware of copyrights and their importance in regards to protecting the creations of others. Fortunately for students and teachers, there is something called Fair Use. For students, Fair Use provides guidelines for using copyrighted materials for education purposes in the classroom.

Four Factors of Fair Use 1. Purpose of the Work. – –Most likely fair use: used to teach, report, comment, or parody. – –Less likely fair use: used to make money, entertain, or commercial activity 21

Four Factors of Fair Use 2. Nature of the Copyrighted Work – –More likely fair use: non-fiction, factual, or educational – –Fictional, commercial, or entertaining 22

Four Factors of Fair Use 3. Amount of the work used – –More likely fair use: a small amount or percentage of the work is used, not the most significant part. – –Less likely fair use: a large part of original work is used, most important part used. 23

Four Factors of Fair Use 4. Effect of the Use on the Market for the Original Work – –More likely fair use: User is not hurting the market of the original work. New work is transformative and not a substitute, not for sale or able to be licensed. – –Less likely fair use: User is making money; new creation is a substitute for old. 24

25 Fair Use for Students When using information from the Internet you: – –must include a work cited crediting the original author – –should ask permission when in doubt – –need to remember that fair use is not free license

26 Guidelines for Students 1. 1.You may produce a project for a particular class at school The project must be assigned by a teacher The project may be shown in the classroom or school Projects can not be displayed in a public forum such as a web site without permission from the copyright holder The project can cannot be distributed or copied.

27 Be Smart – Seek Permission The line between infringement and fair use is thin. The best course of action is to seek permission. Determine who the copyright holder is Contact the owner (usually an is given) Ask permission to use their work, listing the territory and format you intend to use it in. Pay a fee (only in some cases)

Public Domain 4 28

29 Public Domain Public domain information on the Internet is just like public domain information in books, magazines, etc. You are allowed to copy it and use it as many times as you’d like. Clip art, stories, photos, and audio in public domain are all available free for your use.

Public Domain Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all.intellectual property Examples Include: – –common understandings – like a calendar, calculator, days of the month, etc. – –Non-trade marked names, titles and slogans. – –Most ideas, concepts, processes and facts. – –Material where the copyright holder has passed away +70 years. 30

31 What about Software? Public domain software can be copied, sold, and modified. Shareware is copyrighted software that can be used without a license for a specified time. – –Trial versions can be copied. – –When the evaluation period ends, a registration fee is paid for continued use of the software. Commercial software is copyrighted. – –You must purchase the software to use it. – –Organizations purchase a site license to use the software on all of their computers.

32 What is Software Piracy? Software piracy is the willful reproduction or distribution of programs that prohibit such activity Piracy is against the law You do not have to profit to be guilty Purchasing commercial software, grants you the right to use the software under certain restrictions (the license rights)

33 Examples of Software Piracy Software Piracy is… – –Selling software that contains all or part of a commercial software program – –Using shareware beyond its evaluation period – –Violating the terms of a software license – –Making copies of site-licensed programs for personal use – –Giving or selling commercial software to others

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