Computer Technology Class

Computer Ethics

Computer Ethics and Copyright Issues

Understanding Intellectual and Creative Property Rights

Ethics is the question of right and wrong. We are taught from a young age that plagiarism (copying other's work) is wrong. It is like cheating on a test when you burn a CD copy of someone else's music or game. However, most people don't associate copying of songs, graphics, text, games, videos, etc. from the web as being wrong. It might also be that they feel that because it is so easy and no one can see them, they will not get caught.

Did you know that there are federal rules Copyright Laws that congress has passed to regulate and penalize those who violate these rules? Not only could you pay large fines if you get caught, but you could also serve jail time for the violation of copyright laws.

Let’s see this as a personal issue. Ifyou let a person borrow your email password or locker combination and they share some personal information found in your locker or email with others, without your knowledge, you probably would feel violated and very hurt. Now think of a song writer's feeling when an artist performs their song without permission. One step further, you copy that MP3 song from a friend but do not pay for it. It is a copyright violation to take an artist's songs and sharing it with friends without them having to pay for it.

Did you know that whenever you create something it is automatically and instantaneously becomes protected by federal law? Works like a drawing, logo, research paper, and poem or just about anything you create is protected. It is this federal law that protects you and gives us all the incentive to create neat things. Why do you think we need this protection? To help answer this question, lets look at what these rights give you.

·  ability to make as many copies as you wish;

·  give or sell copies of your work to anyone you please;

·  Perform your work publicly (i.e. song, musical, home movie, etc.);

·  display your work publicly;

·  make changes to your work;

By Federal laws, only you can do these things with your work, your creations. Would you want your songs, artwork, stories, games, etc. to be copied and sold to thousands of people without your permission?

Some people either don't know these things or just ignore them altogether. They copy MP3 files, CDs and/or DVDs and then give out their copy for others to use. Teams of programmers work for years perfecting a program. Money lost due to sales not made only increases the cost of those programs to those who purchase them legally. Song writers, producers, assistants, musicians, sound tech, and many others also spend many years working on songs and then lose millions of dollars every year as their songs are given away freely. How would you feel if you were the artist and everyone was stealing you creation, your intellectual property, from you?

There are other crimes with more dangerous consequences. People who are extremely bright with computers sometimes use their abilities for evil. They create programs we call viruses to take control of our computers in some way. Sometimes these programs actually destroy the contents of our computer which rob our time.

Do you think it is right to read someone else's private electronic property (bank numbers, credit card numbers, etc…)? When someone steals your identity they can destroy your reputation and your financial well being.

Is it right to buy a game/song then give it to friends so they won't have to pay for it as you did? Is it right to use yourknowledge to create "virus" software? Is it right to steal someone’s personal information?

What can you do about all of this? First, act on what you believe. "Do unto others as you would have them do unto you". You wouldn't want others to read your private mail so don't read their private mail. You wouldn't want to work hard at something and then not get paid, so don't steal other's hard work.

It is a simple question of right and wrong! Remember that your choices of right and wrong affect more people then just yourself. It is up to you to use computers in a way that doesn't harm others.

So what is protected by copyright? Any work that is yours alone (written, recorded, etc) is automatically and instantaneously protected. Some think that it must state copyright somewhere or have a © symbol or even be registered with the government to be protected. This is not true! All that you need to do to obtain a copyright is just create it on paper, canvas, CD, etc...

So what is not covered under copyright laws? Improvised speeches or performances that are not written down or recorded. These forms of art are not copy protected. Other things such as commonly available information that contains no originality are not protected. These include standard rules, calendars, public documents or works done by the US government.

If you purchased a radio, clothes or just about any other thing at a store, you own that property.However with software, video, or music it is not that simple. Songs, video and software are entirely different. Songs and software are more than just a shiny CD. It is a person's or most likely a team of people's ideas put together for our enjoyment. It is their creative thoughts put down in a complex computer language, sounds, and/or images. In fact you probably have never read all that fine print that comes with the CD or DVD. This fine print is the license agreement that controls your use of the software, video, or music and once you open and use the software you are agreeing to the license agreement.

In reality all you really own when you purchase software is the plastic seal wrap, box, manual (if it comes with one), and CD. However you do not own the creators work sealed on the CD, DVD, or the text in the manual. You are only being given a license to listen or play the software, music, video, or game. The creator owns or retains the copyright to the creative materials that you are listening, viewing, or playing. The © (copyright) symbol simply reminds us of these inherent rights given to artists, creators and inventors.

Just because you paid $19.99 at the store does notgive you rights to do anything with the software, video or music you want. It is sort of like purchasing a book at a book store. The paper that you purchased is all yours to write on and highlight. However when you copy what the author said in your own paper you are writing then you have violated the copyright© laws binding an author's thoughts and ideas. You could face criminal charges or perhaps more likely a failing grade on your paper for plagiarizing (stealing) from another author. Many students think that taking ideas straight from an encyclopedia is okay. Little do they realize this is stealing and can be dealt with very seriously?

Software copyright© is very similar to book copyright©. The collection of a person's music, video or computer game is protected from someone reselling or making copies. The fines for selling software are worse than a failing grade in school. You could be imprisoned, fined up to $10,000 in criminal charges, and up to $50,000 in civil penalties for each copy you give away or sell.

There is an exception for making copies. You are allowed to make copies for backup purposes. This is referred to as a fair use provision. The provision however states that the backup copy is for your personal use only. That copy may not be given to a friend or someone else. The fair use policy also gives the right to students and teachers to use copyrighted materials for educational purposes without asking the author. They may copy a small amount of work (being sure to give credit to the author) for reports or lessons. It is the word FAIR that is very important. To sell, change, or use a large portion of copyrighted materials in your report would not be covered by this "fair" use provision.

So how long does copyright protection last? It begins immediately when the work is created and continues 70 years after the death of the author or artist. This is why you can copy artist like Leonardo da Vinci and writers like Shakespeare and music writers like Mozart all you want.

Common Myths:

·  Unless you make money and charge for the copy then you are not in violation of copyright laws.

·  If a work doesn't have a copyright notice it is not copyrighted.

·  If you own a picture someone else painted you now own the copyright.

·  You can remain anonymous when you copy songs from a file sharing software service on the web.

·  You can risk losing your copyright if you don't defend it against violators or register it with the government.

·  Fair use is not a defense against a copying lawsuit.

·  Educators and students can copy any amount of work from a copyright source without asking permission.

Material adapted from Crews Middle SchoolBottom of Form