Intellectual Property Digital Media, 3e

What is Intellectual Property? Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs It is a legal concept that protects a creative work just as if it were physical property Digital Media, 3e

SOPA – Stop Online Piracy Act A bill to expand the ability of U.S. law enforcement to fight online trafficking in copyrighted intellectual property and counterfeit goods Court orders to bar advertising networks and payment facilities from conducting business with infringing websites Prevent search engines from linking to the sites, and court orders requiring Internet service providers to block access to the sites. The law would expand existing criminal laws to include unauthorized streaming of copyrighted content, imposing a maximum penalty of five years in prison. Digital Media, 3e

SOPA – Stop Online Piracy Act http://boingboing For Against Hollywood, Recording Industries Internet industries such as Google, proponents of freedom on the internet Google & Wikipedia, January 18, 2012 Digital Media, 3e

Copyright The term copyright literally means restricting the right of others to copy. Digital Media, 3e

Trademarks 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 HHS H-Hawk is trademarked. Digital Media, 3e

Copyright vs. Trademark 1. The purpose of a copyright is to protect works of authorship as fixed in a tangible form of expression. Thus, copyright covers: a) works of art b) photos, pictures, graphic designs, drawings and other forms of images c) songs, music and sound recordings of all kinds d) books, manuscripts, publications and other written works e) plays, movies, shows, and other performance arts. 2. The purpose of a trademark is to protect words, phrases and logos used in federally regulated commerce to identify the source of goods and/or services. Digital Media, 3e

How to gain rights to copyrighted material 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 Digital Media, 3e

Copyright (continued) Software Licenses Proprietary means the software code has restricted rights of use Open source software allows others to use its code without cost Digital Media, 3e

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

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 PhotoEuphoria/iStockphoto.com Digital Media, 3e

Illegal File Sharing (continued) Piracy Piracy is copying a product (often digital) 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, 3e

Queen vs. Vanilla Ice $$$$$$$$ http://boingboing.net/2011/12/02/stephen-colbert-explains-sopa.html Queen vs. Vanilla Ice $$$$$$$$ http://www.youtube.com/watch?v=xtrEN-YKLBM http://www.youtube.com/watch?v=149jGeIlx3I&feature=related Digital Media, 3e

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 To determine the amount of a work that may be used, you have to consider the overall work Digital Media, 3e

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, 3e

Using Proper Web Citations The five basic components of a proper Web site source citation are: Author Date Title of Article Access Date URL Digital Media, 3e

http://demo.fb.se/e/girlpower/retouch/ http://www.youtube.com/watch?v=hibyAJOSW8U Spoof on Dove campaign http://www.youtube.com/watch?v=7-kSZsvBY-A&feature=related Digital Media, 3e

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, 3e

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, 3e

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, 3e