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1
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- Stealing another persons “intellectual property” and passing it off as
one’s own work.
- Usually illegal under copyright law.
- And when not technically illegal, it is certainly unethical.
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2
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- Another person’s idea, opinion or theory
- Facts, statistics, graphs, drawings etc. which are not common knowledge
- Actual spoken or written words
- Paraphrase of spoken or written words
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3
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- If you use another person’s exact words, they must be rendered correctly
- You must use quotation marks around all the other person’s words you use
- You must make a proper bibliographic citation to the original source
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4
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- You must use your own words to describe what the other person has said
or written
- You must make a proper bibliographic citation to the original source
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5
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- When you change just a few words or phrases, or the order of the
original author’s words
- When you fail to cite the original source of the ideas or facts
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6
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- Chicago Manual of Style
- Turabian
- MLA
- APA
- Other manuals
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7
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- You have a term paper due, and find a web site on your topic.
- There is no copyright notice, so you assume it is in “public domain” and
you “cut and paste” large sections of it into your term paper.
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8
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- You are most likely in violation of copyright. The law applies automatically the
moment something is in a “fixed” form, even a web page.
- If you fail to cite this source, you are guilty of plagiarism.
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9
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- You have a classroom presentation due and find a perfect illustration on
the Web. You decide to download
it and make a copy for each student in your class, with proper
attribution, to accompany your presentation.
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10
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- You can do this legally under the “fair use” provision of the law,
provided…
- You include notice of copyright in your attribution, whether the
original has one or not.
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11
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- You are the director of a church choir.
The church has limited funds, so you buy one copy of a choir
piece and photocopy the rest needed for each member of the choir.
- You figure this is o.k. since it is for a “nonprofit” organization.
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12
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- This is a serious violation of copyright law, which forbids copying to
avoid purchase. It is illegal and
unethical.
- Doing it for a “nonprofit’ organization provides NO protection under the
law.
- Possible solution: buy half the number of parts needed and have choir
members share.
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13
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- Your teacher has collected all the articles you will need for your
class, has them photocopied, and sells them to the class at $30 each.
- (cost to copy: $5).
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14
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- This breaks a couple of laws:
- First, it is illegal to create an anthology, unless permissions are
secured for each article.
- Also, it is illegal to charge more than the actual cost of copying for
classroom materials.
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15
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- One of your classmates writes a new play.
- You like the climactic scene and decide to alter it for presentation at
a fraternity party.
- You figure since your classmate hasn’t published or registered the work
it is o.k.
- You perform the scene at the party and your classmate finds out.
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16
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- You have violated several copyright laws:
- Even if the work is not published, nor registered, it is still protected
under statutory law the moment it was “fixed”
- Even though your classmate has not suffered any financial loss, they
could still sue you due to violation of artistic integrity (for art,
music, poetry, plays etc.)
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17
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- The scene you used might be considered the “heart of the work”
- Even if you had the right under “fair use” to make a copy of the text,
the right to perform the play is a separate right.
- The right to create a “derivative work” (an arrangement) is also a
separate right.
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18
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- You are very good with computers and also love the works of Ansel Adams.
- You search all over the Web and find many of AA’s photographs and a
great deal of biographical information.
- You decide to create an AA web site with all the materials you find.
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19
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- Virtually all the written materials and illustrations are protected by
copyright.
- Unless you make detailed attributions, you are guilty of plagiarism.
- Even though others have done it,
you open yourself to legal action, because the web is an open, public
forum, analogous to publishing.
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20
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- A person in charge of a departmental web-page “surfs the net” and finds
some pages that look great.
- She decides to “borrow” a particularly good page, and uses that page as
a template to create a new page.
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21
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- The overall design of a web-page (its unique combination of color,
graphics, and text) is protected by copyright
- It all depends on how much the new page is like the original page, and
if it can be perceived by an “average person” as being a copy
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22
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- A person finds a great web page consisting of links to other pages
- He decides to use several of the URLs in designing a new page of links
- He does not use any of the color,
graphics, or text from the original page
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23
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- A URL is a “fact,” an “address to a location” and by itself is not
copyrightable
- A compilation of URLs, on the other hand, may be unique and is protected
by copyright
- The case depends on whether the new page contains the entire compilation,
or just some of the same links
- Best just to link to the original page
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24
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- A professor mounts an electronic form of a copyrighted article from
Newsweek® on his course website
- The site is protected by password and accessible only to members of the
course
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25
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- A number of issues in “fair use” should be considered:
- Purpose = educational
- Nature = published, factual article
- Amount = the whole article or just part?
- Effect = Reduce potential market? Licensing agreement? Access?
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26
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- Similar scenario as #9, but this time a music professor mounts excepts
of Beethoven piano sonatas on his course web site
- In addition to password protection, the site also uses “streaming”
technology
- Beethoven’s music is in public domain
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27
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- Again consider “fair use” tests:
- Purpose = educational
- Nature = music, public domain?
- Amount = an entire piece or just part
- Effect = Reduce potential market? Licensing agreement? Access?
Streaming?
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28
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- A doctoral student just wrote and defended a study on sleep deprivation
- A sleeping pill corporation wants to use large portions of the study,
citing only “A recent study says …”
- The student hopes to publish the study and is concerned about loss of
income and the integrity of its use by the company
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29
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- A judge and jury would use “fair use” tests:
- Purpose = commercial or research?
- Nature = factual, but unpublished?
- Amount = is the “large portion” the “heart of the work”? How much is too
much?
- Effect = Reduce potential market? Citation? Scholarly integrity?
- Best to negotiate its use with the company
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30
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- U.S. National Copyright Office Web site:
- http:// www.loc.gov/copyright/
- The ALA Copyright web site:
- http://www.ala.org/washoff/copyright.html
- The IUPUI “Copyright Management Center”
- http://www.iupui.edu/~copyinfo/
- Brad Templeton “10 Copyright Myths”:
- http://www.clari.net/brad/copymyths.html
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