Chapter 2 Ethical and Legal Issues © 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

Lessons Digital Media, 3e2 Lesson 2.1: Safeguarding Intellectual Property Lesson 2.2: Avoiding Plagiarism Lesson 2.3: Making Ethical Decisions colbert-explains-sopa.html colbert-explains-sopa.html

Learning Outcomes 2.1: Explain the concept of intellectual property, including copyright and trademarks 2.2: Identify the difference between copyright violations and plagiarism 2.3: Demonstrate proper use of citations and fair use 2.4: Discuss the ethical challenges facing digital media, including piracy and file sharing 2.5: Explain how licensing applies to software Digital Media, 3e3

Copyright Intellectual property is a legal concept that protects a creative work just as if it were physical property The term copyright literally means restricting the right of others to copy To be copyright protected, an idea must be converted into a physical form A copyright notice follows this format: Copyright © [date] [Name of Copyright Holder] It is not necessary to place a copyright notice on a creative work to make it legally protected Administered by the U.S. Copyright Office Digital Media, 3e4

Copyright (continued) Copyrightable works include the following categories: – musical works, including any accompanying words – dramatic works, including any accompanying music – motion pictures and other audiovisual works – pantomimes and choreographic works – pictorial, graphic, and sculptural works – sound recordings – architectural works – literary works Digital Media, 3e5 Warchi/iStockphoto.com

Copyright (continued) 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 – Royalty free is a type of licensing agreement that gives the buyer almost unlimited permission to use a copyrighted image for a one-time fee Digital Media, 3e6

Copyright (continued) Software Licenses – Proprietary means the software code has restricted rights of use – An end-user license agreement (EULA) is a contract that software purchasers must agree to before using software – Open source software allows others to use its code without cost – Copyleft is a licensing protection used by those who create open source software – GNU General Public License is the standard open-source contract or license – Works in the public domain are those creative works whose copyright restrictions have expired or which are open source Digital Media, 3e 7

Copyright (continued) 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 – Do not need to be registered to be protected from use by others without permission – Registered trademarks carry the ® symbol while unregistered ones use the ™ symbol – Administered by the United States Patent and Trademark Office Digital Media, 3e8

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? Digital Media, 3e 9

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 Digital Media, 3e10 PhotoEuphoria/iStockphoto.com

Illegal File Sharing (continued) Piracy – Piracy is copying a product (often digital) for profit 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 Digital Media, 3e11

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 Fair use is determined using guidelines that are part of Title 17 of the United States Code To determine the amount of a work that may be used, you have to consider the overall work Digital Media, 3e12

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 Digital Media, 3e13

Using Proper Web Citations The five basic components of a proper Web site source citation are: – Author – Date – Title of Article – Access Date – URL Deep linking is citing a Web address that goes beyond the home or entry page Digital Media, 3e14

Using Proper Web Citations (continued) American Psychological Association (APA) Author [last, first]. (date [year, month day]). Article title. Retrieved date [month day, year], from organization website: URL Modern Language Association (MLA) Author [last, first]. Article Title. Date. Publisher. Date retrieved.. Online Bibliographies – Web sites that help you create bibliography entries – Most allow you to designate the desired style Digital Media, 3e15

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? Digital Media, 3e16

Ethical Decision Making When making a decision, think about what harm you are doing others – Does my action hurt someone? – Does my action act as a form of stealing? – Does my action prevent someone from earning a living? – Does my action encourage another person to hurt someone else? Digital Media, 3e17

Maintaining High Ethical Standards Business and ethics are not mutually exclusive terms Suppose your supervisor asks you to create a series of graphs using financial data you know has been falsified; a co-worker was fired last month for refusing to do this What will you do? Digital Media, 3e 18

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 Digital Media, 3e19

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 Digital Media, 3e20