1. Chapter 4.1 – 4.3.3: Intellectual Property I
See Dilbert cartoons about intellectual property:

2. Attendance Question I: Are you here?
A: Yes

3. In-Class Activity: Intellectual Property Case Study Discussions
We will work through some case studies
With respect to each case study, I’d like your group to try to come to a consensus with respect to the questions posed
I have prepared a “Intellectual Property Cheat Sheet” to help guide you through the case studies
Let’s work through one together first…

4. Sample Group Discussion Exercise (Clicker)
4.15 (p. 245): Which of the following activities do you think should be fair use? Give reasons using copyright law and/or court cases. If you think the ethically right decision differs from the result that follows, from applying the fair-use guidelines, explain how and why.

5. Fair Use? (A) (Clicker)
Making a copy of a friend’s spreadsheet software to try out for two weeks and then either deleting it or buying your own copy
Fair use
Not fair use
Not sure

6. Let’s Look at Microsoft Excel’s EULA…
First 6 pages are relevant to this case
I have highlighted key passages…

7. Fair Use? (B)
Making a copy of a computer game, playing it for two weeks, and then deleting it
Fair use
Not fair use
Not sure

8. How Would You Copy a Game?
There’s a YouTube video for that:

9. Fair Use? (C)
Using two Dilbert cartoons in a lecture for which you are getting paid.
Fair use
Not fair use
Unsure

10. Fair Use? (D)
Using two Dilbert cartoons in an educational lecture at a university (the slides are available publicly on the Internet)
Fair use
Not fair use
Unsure

11. The Dilbert Comic Has Specific Licensing Terms
Let’s check them out:
Do these terms go against “fair use?”
Also, let’s check out the “Copyright Concerns for Consultants” document:

12. Considerations for Determining Fair Use (pp. 206-07)
What is the purpose and nature of the use (commercial vs. nonprofit vs. educational)?  Commercial less likely to be fair use
What is the nature of the copyrighted work?  Creative work less likely to be fair use
How much of the copyrighted work is used?  The more used, the less likely it’s fair use
What is the impact of the use on the potential market for or value of the copyrighted work?  Uses that reduce sales less likely to be fair

13. Group Discussion Exercise Assignments
4.11 (p. 244): FAM , Error 403 Forbidden, Pac4, iTeam
4.12 (p. 244): Hide Yo’ Kids , Skillz that Killz, Emoticons
4.17 (p. 245): Rock-It, Sponge Bob, SPAMD, Skynet
4.20 (p. 245): CADD, Thizzle, Error 404
4.21 (p. 245): CAAK, Pangea, Batman
4.23: (p. 246) Prestige Worldwide , Discotech, Breakfast Club
4.25: (p. 246) SkyBlue, Brandon , Tier III

14. Group Discussion Exercise 4.11: High School Term Paper Plagiarism
Who should win the case? A: Company that checks for Plagiarism B: Students who are suing company C: Not sure

15. Group Discussion Exercise 4
Group Discussion Exercise 4.12: Adding New Criterion to Fair Use Guidelines
Is the suggested criterion a good “fair-use” criterion? A: Yes B: No C: Not sure

16. Group Discussion Exercise 4
Group Discussion Exercise 4.17: Mr’ J’s Son’s Right to Put Book in Public Domain
If Mr. J’s son does put the book on the web, does the publishing company that owns the copyright have the right to have the book removed from the web? A: Yes B: No C: Not sure

17. Group Discussion Exercise 4.20: Search Engines and Fair Use
Should search engines be allowed to put excerpts of books on the web for public use? (Is this “fair use?”)
A: Yes
B: No
C: Not sure

18. Group Discussion Exercise 4.21: Mickey Mouse Cartoon
A) Is it ethical to post a digitized copy of the original cartoon on a video sharing site? A: Yes B: No C: Unsure

19. Group Discussion Exercise 4.21: Mickey Mouse Cartoon
B) Is it ethical to use Mickey Mouse character as the spokesperson in an advertisement very strongly critical of a candidate running for president? A: Yes B: No C: Unsure

20. Group Discussion Exercise 4.21: Mickey Mouse Cartoon
C) Is it ethical to edit a digitized copy of the original cartoon to improve visual and sound quality, produce copies with the dialog dubbed in various other languages, and sell thousands of copies in other countries? A: Yes B: No C: Unsure

21. Group Discussion Exercise 4.23: Lawsuits Against TV Recording Devices
Are companies that support recording of programs to web for later viewing, or that support automatic commercial skipping, closer to Sony Betamax or Napster?
Closer to Sony Betamax
Closer to Napster
Unsuer

22. Group Discussion Exercise 4.25: Removal of Links I
a) Should the court order removal of web links to other sites that provide unauthorized complete copies of movies?
Yes No
Not sure

23. Group Discussion Exercise 4.25: Removal of Links II
b) Should the court order removal of web links to other sites that have copies of an organization’s religious documents?
Yes No
Not sure