Copyright and Fair Use
As found in dictionary.com, the definition of copyright is “The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.” For traditional sources, citing as specified in the style manual of the citation system (APA, MLA, Turabian, etc.) used in a particular content area is a familiar process for college students. Nontraditional sources, such a video for viewing, video and music integrated into multimedia projects, computer software, the Internet, and television, have legal uses that are not always as familiar to students. The Copyright Act and copyrighted material are clearly explained in the Publication Manual of the American Psychological Association, a required textbook for EDU 2523W and other education courses. A helpful chart, “Copyright and Fair Use Guidelines for Teachers,” can be found at www.techlearning.com.
It is your responsibility as a teacher and as a student to comply with the copyright law. You will find it helpful to remind your students that by citing authorities when writing assignments, they will add to the credibility of the issues about which they are writing. It may seem humbling to some, but students are not recognized as authorities on any subject. They are both inexperienced, limited in observational scope, and untrained in the logical interpretation of data and events through either qualitative or quantitative measures. The value judgments students make in creating an expository or argumentative paper are their own; the support for the authenticity of the judgments come from authorities in the field.
Schools have acceptable use policies which delineate how students may use information technology resources in carrying out school assignments and when accessing the Internet on school property. An example of an acceptable use policy can be found at http://www.cybercrime.gov/rules/acceptableUsePolicy.htm.
Do you download music and movies from the intent? Everybody does it right? What’s the big deal? It doesn’t hurt anybody. What is your response to this practice? Defend your answer.
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12 comments:
No, I don’t download movies from the Internet. Yes, many individuals practice this as a form of income. The big deal is that it is illegal and the author (s) of the material did all the hard work and will not reap the fringe benefits that come along with their labor due to a person’s illegal actions.
Rather it is movies or music, anything that is taken without permission is considered stealing and the individual (s) responsible for this activity should be prepared to suffer the consequences of piracy which are, but not limited to, being sued by the author (s), imprisonment, and/or a healthy fine. If prosecuted they may receive all charges previously listed.
Yes, there are many people all over the world that participate in the act of piracy, taking advantage of the 21st century technology for their own personal financial gain. Just because you have access does not mean it’s legal to do so.
This is where the copyright and fair use act comes into existence; it was instituted to protect the rights of the author (s) from being exploited. It gives them the sole ownership to publicize their works without worry and it makes sure they are paid for their talents and works.
Although, if any individual or organization obtains a license and permission to use someone’s material they are legally covered to have access to it, resale, and give the author (s) their percentage. This is the only way to legally have access to copy written material.
But under the fair use act the information can be used in news reports, as a teaching instrument, research paper or criticism. The courts will look at four factors: the purpose and character for which you used the material, transformative uses are favored over mere copying, the nature of which it was used, as factual material, the amount and substantiality used, copying nearly all of a work, or copying the heart of the works, and the way it effected the market when it was used.
The safest way to use any material is to get a license or permission to do so.
I look forward to your feedback
Brenda Anderson
I find it troubling that this issue is even a matter of debate for some. It is a statement of an attitude that has become prevalent in our society. The attitude is that of getting something for nothing ...or less than what would be the reasonable exchange. It is a matter of respect. It is, also, immoral and illegal to take something that belongs to someone else without permission, including intellectual property, works of art or creative expressions and tangible things.
I do respect the work and the creative efforts of the musicians, producers and writers. In doing so, I have never downloaded movies or music without having made a purchase for that service.
Each day is new. Sarah
Sarah,
I totally agree, technology has made it impossibe for these author's to receive monies for which they are due. Now these author's are losing more than they contributed to their work due to someone elses greed.
I look forward to your feedback.
Brenda Anderson
I have not nor would not download movies, songs, or other materials that otherwise would benefit the original and rightful artist, composer, or author. The media frenzied age in which we live has inspired a vast amount of knowledge. Downloading is a daily event(maybe hourly) for millions of World Wide Web users. I personally know 20+ teenagers who update their profiles and write on their friends "walls" on My Space several times a day.
Along with the knowledge, comes responsibility. As educators we must set standards and inspire students to use this vast access but not abuse it. Piracy in this form is no different than original piracy. It is still taking something illegally that you did not purchase or ask permission for.
The merchandise you have access to on a store shelf is no different. Greed will cause people to steal in any venue. The solution to this problem in our ever-insatiable appetite for instant gratification will be a difficult. As an educator and a parent, our best defense will be as with all moral issues is to set the best example and obey the laws to the fullest extent.
I do know my name and can remember it MOST DAYS!! (above comment mine)
Ann Hitchon
Sarah and Brenda,
I am glad that we all agree on this issue. Brenda, I am impressed and enlightened with information that I continually need to be reminded. I admit that I have very little personal knowledge on the legal side of these issues. Except that I agree knowledge of a illegal act cannot be supported in any form. I also agree that legal liability should be awarded to all offenders according to their level of crime.
Ann Hitchon
Ann,
I agree with everything you stated and I too as a parent place morals and values as a bases of knowing right from wrong, and try to set examples that would prove to be law abiding.
Brenda Anderson
Ann,
I agree about the importance of setting an example and establishing standards. We do have to model appropriate behavior for our children and students. It is, for many, difficult to overcome the peer pressure and the "situational ethics" that are prevalent in our society, especially if you are the young person who doesn't have discretionary funds to buy the hottest new CD but yet a friend offers to "burn" it for you. Sometimes I believe that there is a "disconnect" when it comes to these things. It seems that with these added opportunities comes a perceived "gray area" for many. This may be because It is so difficult to hold someone accountable for what they do in the privacy of their own home while sitting at their computers in their pajamas.
Welcome to the era of technology.
Each day is new.
Sarah
I do not personally download movies or music from the internet, but I have received downloaded music and movies from friends and family to listen to or watch.
My belief as far as copyright violations and piracy are concerned is that it is the same as stealing. Considering my response to the question above, I guess that makes me guilty of receiving stolen property. I believe most people can see the argument behind illegal downlaoding being the same as stealing, but the decision is made easier in their mind because the owner of the material will not "miss" their property. Also, people believe that everyone in the music or movie business is rich enough so what is the harm in taking the material free of charge. In this day or file sharing and considering the tough economic times we are currently in, I do not see the problem of internet piracy going away anytime soon.
David Perry
I agree with Sarah that internet piracy is a matter of not respecting someone else's right to charge for services rendered. It is the ease of "stealing" the material and the removal of person that is being stolen from that makes people who would not normally steal anything feel it is OK to take the copyrighted material without paying for it.
David Perry
David,
You are not the only one that receives stolen property, and we all agree that it is illegal to do so. But by nature whenever people do anything they know is wrong they will find ways to justify their actions. I also agree that technology and our economy have driven people to desperate measures and that downloading music and movie will never disappear, just get more advanced.
I look forward to your feedback.
Brenda Anderson
I love the invention of the IPOD;I like to be able to go on-line and see the re-play of the story I missed on the Today Show or the winning touch down of the football game. I think the ability to do all of these things are wonderful.
My husband and I have had a conversation similar to this, he downloads everything from music, movies, and T.V.shows for both personal and professional purposes. We have both agreed that the only way to use these services is to do it the legal and proper way. We pay for our downloads and only download free items when permission is given by the publisher. I believe that the creaters of these products have the same right as they have always had to be compensated for their work.
Susan Hutchens
Brenda,
I agree, anything that is taken without permission is stealing. It is troublesome to think that with the use of the internet that some people think that they it is permissible to steal.
Susan Hutchens
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