Chapter 4.1 – 4.3.3: - PowerPoint Presentation

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Chapter 4.1 – 4.3.3: Intellectual Property I

See Dilbert cartoons about intellectual property:http://dilbert.com/strips/comic/2010-09-16/http://dilbert.com/strips/comic/2009-01-24/

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Attendance Question I:Are you here?

A: Yes2Slide3

In-Class Activity: Intellectual Property Case Study Discussions

We will work through some case studiesWith respect to each case study, I’d like your group to try to come to a consensus with respect to the questions posedI have prepared a “Intellectual Property Cheat Sheet” to help guide you through the case studiesLet’s work through one together first…3Slide4

Sample Group Discussion Exercise(Clicker)

4.15 (p. 245): Which of the following activities do you think should be fair use? Give reasons using copyright law and/or court cases. If you think the ethically right decision differs from the result that follows, from applying the fair-use guidelines, explain how and why.4Slide5

Fair Use? (A)(Clicker)

Making a copy of a friend’s spreadsheet software to try out for two weeks and then either deleting it or buying your own copy Fair use Not fair use Not sure

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Let’s Look at Microsoft Excel’s EULA…

First 6 pages are relevant to this caseI have highlighted key passages…6Slide7

Fair Use? (B)

Making a copy of a computer game, playing it for two weeks, and then deleting it Fair use Not fair use Not sure7Slide8

How Would You Copy a Game?

There’s a YouTube video for that:http://www.youtube.com/watch?v=bTa734iwB2E8Slide9

Fair Use? (C)

Using two Dilbert cartoons in a lecture for which you are getting paid. Fair use Not fair use Unsure9Slide10

Fair Use? (D)

Using two Dilbert cartoons in an educational lecture at a university (the slides are available publicly on the Internet) Fair use Not fair use Unsure10Slide11

The Dilbert Comic Has Specific Licensing Terms

Let’s check them out:http://thedilbertstore.com/pages/about_licensingDo these terms go against “fair use?”Also, let’s check out the “Copyright Concerns for Consultants” document: http://www.crownsafety.com/images/copyright%20concerns%20for%20consultants.pdf

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Considerations for Determining Fair Use (pp. 206-07)

What is the purpose and nature of the use (commercial vs. nonprofit vs. educational)?  Commercial less likely to be fair useWhat is the nature of the copyrighted work? Creative work less likely to be fair useHow much of the copyrighted work is used?

 The more used, the less likely it’s fair use

What is the impact of the use on the potential market for or value of the copyrighted work?

 Uses that reduce sales less likely to be fair

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Group Discussion Exercise Assignments

4.11 (p. 244): FAM , Error 403 Forbidden, Pac4, iTeam4.12 (p. 244): Hide Yo’ Kids , Skillz that Killz, Emoticons4.17 (p. 245): Rock-It, Sponge Bob, SPAMD, Skynet4.20 (p. 245): CADD, Thizzle, Error 404

4.21 (p. 245): CAAK

,

Pangea

, Batman

4.23: (p. 246) Prestige Worldwide ,

Discotech

, Breakfast Club

4.25: (p. 246)

SkyBlue

, Brandon , Tier III

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Group Discussion Exercise 4.11:High School Term Paper Plagiarism

Who should win the case?A: Company that checks for PlagiarismB: Students who are suing companyC: Not sure14Slide15

Group Discussion Exercise 4.12:Adding New Criterion to Fair Use Guidelines

Is the suggested criterion a good “fair-use” criterion?A: YesB: NoC: Not sure15Slide16

Group Discussion Exercise 4.17:Mr’ J’s Son’s Right to Put Book in Public Domain

If Mr. J’s son does put the book on the web, does the publishing company that owns the copyright have the right to have the book removed from the web?A: YesB: NoC: Not sure16Slide17

Group Discussion Exercise 4.20:Search Engines and Fair Use

Should search engines be allowed to put excerpts of books on the web for public use? (Is this “fair use?”)A: YesB: NoC: Not sure17Slide18

Group Discussion Exercise 4.21:Mickey Mouse Cartoon

A) Is it ethical to post a digitized copy of the original cartoon on a video sharing site?A: YesB: NoC: Unsure18Slide19

Group Discussion Exercise 4.21:Mickey Mouse Cartoon

B) Is it ethical to use Mickey Mouse character as the spokesperson in an advertisement very strongly critical of a candidate running for president?A: YesB: NoC: Unsure19Slide20

Group Discussion Exercise 4.21:Mickey Mouse Cartoon

C) Is it ethical to edit a digitized copy of the original cartoon to improve visual and sound quality, produce copies with the dialog dubbed in various other languages, and sell thousands of copies in other countries?A: YesB: NoC: Unsure20Slide21

Group Discussion Exercise 4.23:Lawsuits Against TV Recording Devices

Are companies that support recording of programs to web for later viewing, or that support automatic commercial skipping, closer to Sony Betamax or Napster?Closer to Sony BetamaxCloser to NapsterUnsuer

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Group Discussion Exercise 4.25:Removal of Links I

a) Should the court order removal of web links to other sites that provide unauthorized complete copies of movies?YesNoNot sure22Slide23

Group Discussion Exercise 4.25:Removal of Links II

b) Should the court order removal of web links to other sites that have copies of an organization’s religious documents?YesNoNot sure23