Information Ethics II:
CPRG 105 Lesson 2
Why should I care about…?
Do you ever…?
Create something?
Download or Upload?
Music
Internet
YouTube
Images
Have to read articles on
Electronic Reserves?
• Every time you sign in to ERes
• Agree to “fair use”
Give Presentations in Class?
• Using copyrighted
image or video clip
• In your PPT
• Face-to-face
• One time
Have a Class Where…
• Instructor uses
copyrighted
images or video
clips?
• In face-to-face
classroom
• To help make a
point
Do you ever…?
• If you ever DO or experience ANY of
these scenarios, THEN
• YOU are involved with COPYRIGHT
• And issues of “fair use” and
getting permission
Protecting Creativity
Intellectual Property Law
Patents
Trademarks Copyright
Intellectual Property Law
• Copyright protects expression.
• Trademarks protect brand names.
• Patents protect ideas.
What is copyright?
• Copyright protects people who have
created something tangible.
• It applies to any original work that is in “fixed form”
• Does not have to be published
• Does not need to be registered
or have a copyright symbol - ©
• You cannot copyright IDEAS!
Protects the rights of…
Works in “fixed form”
Can you
copyright
IDEAS?
Copyright Act of 1976
Gives the copyright owner the exclusive RIGHT to:
• Make copies
• Sell or distribute copies
• Prepare new (derivative) works
• Perform/display
Copyright owner can grant permission to others to do any of the above.
Sonny Bono Copyright
Extension Act (1998)
• Changed copyright law
• Now copyright expires 70 years after
the death of the owner
• Copyright is not renewable
What if…
Something is
copyrighted
and I want to
use it?
Check to see if:
Your use of the copyrighted
material would be
considered “fair use”
Fair use
Allows limited use of a copyrighted work
without harming the copyright owner
financially
Generally, fair use falls
under the categories of:
Still...
Just because copyrighted material is
used for the purposes of:
• News
• Criticism
• Parody
• Education
Does NOT automatically mean it is
“fair use”!
So, HOW do I determine...
If something
is
“FAIR USE”
or not???
Four Factors of Fair Use
1. Purpose
2. Nature
3. Amount
4. Effect
You must apply ALL 4 factors!!!
1. Purpose
WHY
are you using it?
WHY?
Educational purposes are more likely than commercial purposes to be fair use.
2. Nature
WHAT KIND
of work is the
original?
Fact vs. Fiction
1492
Using a factual or non-fiction work is more likely to be considered fair use.
Published vs. Unpublished
Using published work is more likely to be considered fair use.
3. Amount
Less
More
The less you use, the more likely it is to be considered fair use.
But, regardless of how little
you take,
DON’T TAKE…
The heart of a work!!!
4. Effect
WHAT
is the effect of its use on
the
potential market
for the copyright owner?
Taking money away from the
copyright owner is a…
NO-NO!!!
If you apply ALL 4 factors of
fair use
• AND you can say “YES” to ALL of
them,
• THEN it is considered FAIR USE.
• And you may use the copyrighted
material without getting permission.
• But you still must CITE it!
Getting Permission
• If it doesn’t fall under “fair use,” you
must obtain PERMISSION to use the
work/image.
• Sometimes you must pay a FEE.
• Sometimes you may use it for FREE
with their copyright statement.
• Email an author or website for
permission.
What happens if you violate
copyright?
If willfully...
Everything is NOT
copyrighted!
• That is correct!
• Some materials are in the:
• And some have
licenses which allow you to use them
more freely
Public Domain
• Applies to works that are:– Not copyrighted or
– No longer covered by copyright
• Anyone can use public domain
works without permission!
Generally, public domain
includes:
• Works published before 1923
• US federal government info
• Works put into public domain
by their creators
Something NEW!!!
Copyright
Creative
Commons
Licenses
Public
Domain
“No rights reserved.”“All rights reserved.”
What’s the difference?
Plagiarism
vs.
Copyright Violation
What’s the difference?
Plagiarism
• Using someone
else’s words OR
ideas
• Without giving
CREDIT
• Passing it off as
your own
• ETHICAL issue
Copyright
Violation
• Using someone
else’s work
• Without
PERMISSION
• LEGAL issue
How do you avoid?
Plagiarism
• Do your own work
• Cite your sources
properly
Copyright
Violation
• Fair Use
• Get permission
• Use Public Domain
or Creative
Commons material
Attribution vs. Permission
• WARNING: Just because you cite a
copyrighted work (give
ATTRIBUTION) does NOT mean you
do not have to get PERMISSION to
use a copyrighted work.
• Also, just because you get
PERMISSION(or don’t need
permission), does not mean you
do NOT have to also cite (give
ATTRIBUTION).
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