Linsey Cushing
September 26, 2007
Copyright and fair use. (2005). Retrieved September 26, 2007, from http://fairuse.stanford.edu/
Harper, G. K. (2001). Crash course in copyright. Retrieved September 26, 2007, from
http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm
TAP:
The topic of these sites is copyrighting and the rights people have or can infringe upon due to copyright laws. The audience is anyone interested in knowing his or her rights regarding copyrighting, both as a creator and a borrower. The purpose of the information is to inform the public about copyrighting and how to legally follow copyright laws.
Claim:
Copyrighting was developed to protect any type of creative, original, physically evident work so that ideas and information are not stolen or reproduced without permission from the creator. Copyrighting sets up a system so that legal action can be taken if these laws are not followed but also allows legal Fair Use for people who are utilizing the information in a way deemed appropriate by the government.
Evidence:
Copyrighting can be applied to many different mediums, including books, magazines, music, movies, plays, and pictures. In order to receive a copyright, something must be physically evident, or “tangible,” original, and creative (2005). Copyrights do not protect ideas; the information must be present at some point to receive a copyright. The length of the copyright depends on when it was published and under what conditions it was published. In order to have protection, works no longer need to have copyright notices; anything published after March 1, 1989, is now protected under the copyright law. However, it is still advised to have a copyright notice just in case legal action is taken. Copyright owners have the right to reproduce, distribute, create adaptations, and perform or display their works (2005).
In order for people to legally access copyrighted work, the government created Fair Use. Fair Use allows people to utilize copyrighted work without the copyright owner’s permission. However, there are very strict and somewhat vague guidelines to follow for Fair Use that, if disobeyed, can lead to a lawsuit. For Fair Use, the person must use the information for commenting, criticizing, or as a parody (2005). Harper’s site includes four Fair Use factors that aid in determining whether the information is covered under Fair Use. These are, “What is the character of the use? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?” (2001) In other words, if the work is being used for nonprofit, educational, or personal use, you should be safe. If the nature of the work is fact or published, Fair Use should apply. You should only use a small amount of the material, and this material should not be the main idea of the work. Finally, your use of the work should not cause you to compete with or detract from the original work’s selling potential (2001).
Connections:
Before reading this information, I did not know much about copyright at all. I had never even heard of Fair Use. However, I now feel like I have a good grasp on copyrighting basics. From what I’ve read, though, no one truly has a clear-cut definition for what is allowed and what isn’t, which is scary because depending on which court you are tried in may determine a difference of thousands of dollars. I wish that there was a way to more clearly define what is Fair Use and what isn’t, but I understand that the right to borrow materials is case specific. Reading this information has made me aware that I should take more caution when using other people’s information. The only time I think about using others’ works is when writing a research paper where I have to cite the information. However, I now know that I should be giving and asking for credit in a lot more instances. A major issue going on today dealing with copyrighting is downloading music illegally. We just received an email from the university stating that legal action is being taken against Marshall students for illegally downloading music without permission from the copyright owners.
Although this information does not relate to anything else that we have read for this class, the two different websites that I got the information from are very similar. They both include information about copyrighting and Fair Use. The Harper site, Crash Course in Copyright, is easier to understand and is geared toward a more general audience. The other site, Copyright and Fair Use, is geared toward a higher educated audience and was difficult to follow at times. Even though nothing else I’ve read has directly mentioned copyright, it applies to all the information because this information was protected by copyrights. It also is becoming more of an issue as we move toward sharing one another’s ideas on the Read/Write Web. This information relates to my future as a speech-language pathologist because as a clinician, I will have to be very observant and careful when taking information to use for client education. If I ever go into the educational field, I will also have to be very aware of copyrighting.