Copyright

What is Copyright Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” The owner of copyright can: To reproduce the work in copies To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly To display the work publicly In the case of sound recordings, to perform the work publicly by means of a digital audio transmission. It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. There are exceptions to the copyright laws, such as fair use.

What Works Are Protected? Copyright protects “original works of authorship.” Copyrightable works include the following categories: Literary works; 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 architectural works

What Is Not Protected by Copyright? Several categories of material are generally not eligible for federal copyright protection. These include among others: Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded) Titles, names, short phrases, and slogans; familiar symbols or designs Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Music and Copyright Playing Music for Personal Enjoyment One of the common issues that come up in music and copyright is whether permission or a license is needed to play music. Starting with the most private and simple of circumstances, you do not need a license to play music in your home for your personal enjoyment. You’ve already paid for the CD. You may play it at home or in your car for your personal enjoyment as much as you wish. You may also play your radio in your home and in your car without a license. The radio station already has a “blanket” license to broadcast the music you enjoy for free on your radio. As long as you and a few family members or friends are the only people listening to the music you play, you do not need permission or a license to play music. It is only when the music you play is heard in public that the legal necessity for a license arises.

Music and Copyright Playing Music in Public The right to perform or play a song in public is one of the exclusive rights of the copyright holder. You will need to get permission or a license if you play music in public unless the music is in the Public Domain or the use of the music qualifies as fair use. Places that can play music in public: Radio stations, bars, night clubs, and juke box operators Hotels that play the radio for guests through speakers or headphones Restaurants Stores Telephone intercom systems that play music while callers are on hold

The Internet and Copyright How the Law Applies to the Internet Internet technology is developing faster than the laws that govern it. A common myth about the Internet is that anything posted online can be copied or downloaded. In truth, anything you see on the Internet has the same potential of being protected by copyright as anything you see in the library or bookstore. Under modern copyright law, the formalities of registration and copyright notice are no longer required.

Fair Use The use of materials for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

4 Factors of Fair Use The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole; The effect upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors

www.thecopyrightsite.org

Ethics

Ethical conforming to the accepted professional standards of conduct

3 major ethical concerns Software piracy Hacking and Spreading Viruses Privacy Concerns

1. Software Piracy illegal copying and distribution of software programs

Types of Software: Public Domain--programs that are donated to be shared, copied, and used without charge Freeware--a copyrighted program that is available for free, usually over the Internet Shareware--Copyrighted software that is available free of charge on a trial basis, usually with the condition that users pay a fee for continued use and support. Commercial--software that is available for purchase

2. Hacking and Spreading Viruses Hacker--computer user who enjoys tinkering with computers, or who intentionally accesses a single computer system without permission to do so Computer Virus--a computer program that can reproduce by changing other programs to include a copy of itself--a parasite program, needing another program to survive Trojan Horse--a computer program that disguises itself as something different from what it really is so that people will want it, but once it gets into your computer system it can be very destructive Bomb--destructive computer program that does not reproduce itself, acts on a predetermined event Worm--a program that does not lie dormant and does not need another program to run, often leaves bits of itself behind in other programs

3. Privacy Concerns Public Data--information which is available ethically to any user Private Data--information which is confidential and only ethically available to selected individuals