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I.
Copyright Definition
II. Copyright Law
III. Plagiarism Info and Link
IV. Copyright Debates
I.
Copyright is defined as "the exclusive right to the
publication, production, or sale of the rights to a literary,
dramatic, musical, or artistic work, or to the use of a commercial
print or label, granted by law for a specified period of time
to an author, composer, artist, distributor, etc." by Webster's
New World Dictionary, 1988. Copyright is an issue which gained
a great deal of attention due to the rise of Napster and the
Senate hearings that followed in 2000. Below is legal information
regarding copyright as well as several articles discussing
copyright in the information age.
Faculty are consistently
faced with the issue of copyright whether they realize it
or not. Areas that are most commonly confronted with the issue
of copyright are class handouts and reading packets. Below
you will find guidelines for using copies in your classroom.
The information cited
in this article comes from: Brinson, J. Diane & Radcliffe,
Mark F. Multimedia Law and Business Handbook: A Practical
Guide for Developers and Publishers . Menlo Park, CA:
Ladera Press, 1996.
II.
"Copyright law protects 'works of authorship'" (pg.
12) This includes:
"Literary works . Novels, nonfiction prose,
poetry, newspaper articles and newspapers, magazine articles
and magazines, computer software, software documentation and
manuals, training manuals, manuals, catalogs, brochures, ads
(text), and compilations such as business directories.
Musical works. Songs, advertising jingles,
and instrumentals.
Dramatic works . Plays, operas, and skits.
Pantomimes and choreographic works . Ballet,
modern dance, jazz dance, and mime works.
Pictorial, graphic, and sculptural works .
Photographs, posters, maps, paintings, drawings, graphic art,
display ads, cartoon strips and cartoon characters, stuffed
animals, statues, paintings, and works of fine art.
Motion pictures and other audiovisual works .
Movies, documentaries, travelogues, training films and videos,
television shows, television ads, and interactive multimedia
works.
Sound recordings . Recordings of music, sounds,
or words.
Architectural works . Building designs, whether
in the form of architectural plans, drawings, or the constructed
building itself." (pg. 12)
So how can faculty
members know when they are breaking copyright? Any time a
copy is made, copyright is being broken. However, "the copyright
owner's exclusive rights are subject to a number of exceptions
and limitations that give others the right to make limited
use of a copyrighted work" (pg. 16). These exceptions are
ideas, facts, independent creation, and fair use (pg. 16).
The fair use exception is the one used most often by those
in academia. The guidelines for utilizing the fair use exception
are outlined below.
"You don't need a
license to use a copyrighted work if your use is 'fair use'.
Unfortunately, it is difficult to tell whether a particular
use of a work is fair or unfair." (pg. 111) The courts consider
four factors when determining if copyright has been broken:
"Purpose and character of use . The courts
are most likely to find fair use where the use is 'transformative'
and for educational or other noncommercial purposes. The
use of a copyrighted work to create a new work is 'transformative'
if the new work adds some additional element or has a different
character or serves a different purpose. Non-transformative
use - where the new work merely serves the same objectives
as the original work, or supersedes it - is less likely
to be fair use." (pg. 111)
"Nature of the copyrighted work. The
courts are most likely to find fair use where the copied
work is a factual work or a work that has already been distributed.
They are least likely to find fair use where the copied
work is creative or fictitious, or the work has never before
been published." (pg. 112)
"Amount and substantiality of portion used .
The courts are most likely to find fair use where what is
used is a tiny amount of the protected work. They are least
likely to find fair use where much of the protected work
is used. If what is used is small in amount but substantial
in terms of importance - the heart of the copied work -
a finding of fair use is unlikely." (pg. 112)
"Effect on the potential market for or value of
the protected work. The courts are most likely
to find fair use where the new work is not a substitute
for the copyrighted work. They are least likely to find
fair use where the new work is a complete substitute for
the copyrighted work." (pg. 112)
If you are secure
in the belief that your copies fall under the fair use exception,
great! If, however, waiver from any of the four fair use considerations,
you will need to secure copyright permissions. For example
if you are making reading packets for sale at the bookstore
or at your office, you are outside of the fair use exception.
There are a number of agencies who will work with you in this
process. Just remember that however you choose to proceed
with obtaining permissions, you will need to have plenty of
time. Most often copyright permission is not granted overnight!
A copyright agency
which has been used by faculty in Charles City Hall with great
success is The Copyright
Clearance Center . Reading packets for core classes have
been compiled with minimal effort utilizing this agency. The authors also recommend
The Permissions
Group which has links to various places detailing copyright
law.
Keep in mind that there
are other legal stumbling blocks as well. The right of publicity
is one of the stumblers. "The right of publicity gives an
idividual a legal claim against one who uses the individual's
name, face, image, or voice for commercial benefit without
obtaining permission." (pg. 178) It is fairly standard operating
procedure that a release be signed before utilizing someone's
name, face, or image. Also, if hte college has entered into
a license agreement with a copyright agency, that license
has priority over your individual copyright permissions. Do
the research first!
III.
Finally, confustion between plagiarism and copyright
is fairly common. Plagiarism is a failure to give credit to
ideas, copyright is a protection of expression. Plagiarism
is an ethical violation, copyright is a legal violation. For
further information on plagiarism (articles and related websites)
please click on the link below.
Plagiarism
IV.
Steal This Essay 1: Content is a Pure Public Good.
by Dan Kohn, TidBITS.com
Discusses content and
compensation, defining rival versus nonrival and excludable
versus nonexcludable products. Raises the question of whether
or not creators will be compensated for their work as time
goes on. http://db.tidbits.com/getbits.acgi?tbart=06604
Steal This Essay 4:
Are We Just Rationalizing Theft? by Dan Kohn, TidBITS.com
Addresses patents and
how new technology changes those who use it. Questions the
concept of stealing as related to intellectual property. http://db.tidbits.com/getbits.acgi?tbart=06669
The Economy of Ideas.
by John Perry Barlow, ifla.org
"A framework for rethinking
patents and copyrights in the Digital Age. Everything you
know about intellectual property is wrong." http://www.ifla.org/documents/infopol/copyright/jpbarlow.htm
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