Lecture 9
Slide 1:
Hello again, and welcome to COM 333 - Communicating
through Internet. Today, lecture number 9: “Copyright and Intellectual
Property Rights”.
Slide 2:
Well, what is copyright? Let’s begin with that.
Copyright gives the owner of a particular program or of text or graphics
rights to that copy. And when, as we deal with copyright we have
to ask who owns this, and how may I use it, under what circumstances, and
for what purposes? So all of these issues are important, not only
when we deal with paper or text documents, but also with multimedia presentations,
such as those that we find on the Internet. The electronic media
raise these issues. They’re key issues of the ease of reproduction
of documents, or graphics, or images, and the ease of distribution.
So in multimedia instances, particularly in the electronic media, it’s
much easier to make copies because one, with just the click of the mouse,
can copy a document (maybe a couple of clicks). And one can distribute
this to hundreds of millions of people through the Internet with just a
couple of further clicks of a mouse, so the ease of distribution and reproduction
has never been nearly what it is today.
Slide 3:
Well, how do I copyright material on the Internet, or
elsewhere for that matter? Well, it’s simple; in fact it’s simpler
than simple. It’s automatic. Current laws in the United States,
actually since 1989, give copyright to everything that you create.
For example, if you maybe doodling while you listen to this lecture, those
doodles are automatically copyrighted by you and they belong to you.
And so what material you produce does not have to carry that familiar “copyright
date by person” as in “Copyright 1999” or “2000 by Ray Schroeder”.
It doesn’t have to carry that particular verbiage in order to make it copyrighted.
It still is copyrighted. The creator is given rights, since 1989
in the United States, is given rights over all of material that is created
by that individual. So the notice is not required, although it can
be advantageous in certain cases to go ahead and put that up and one can
still formally file with the trademark and copyright office and that also
might be of some further protection in certain circumstances, but in general,
all creative work, whether it be text, or image, or even doodles, are immediately
copyrighted automatically.
Slide 4:
Well, what are these rights? Well, the rights are
the exclusive right to control that work and whatever is done with it.
So any copies in particular, whether they are electronic or otherwise --
the rights to those copies, belong to the individual who authored the work.
Now, nearly all cases of use are covered by copyright. That is, for
profit uses, as we might expect. If a for-profit enterprise were
to use a graphic or image -- they would need to get rights in order to
use that. But also non-profits -- non-profit organizations and entities
must also get rights and they can be held liable for use of material that
is copyrighted. Now there are some fair use exceptions, generally
dealing with education and libraries -- a limited use of certain publicly-displayed
items are provided to educators. Only under certain circumstances
and for a certain amount of time or a certain number of copies, but these
are really quite limited.
Slide 5:
These are very important … the whole issue of copyright
is very important in the Internet. Of course, as one might expect
then, web pages are automatically copyrighted, the pictures on web pages
are automatically copyrighted, and the text on the Internet is automatically
copyrighted. And that includes web pages or even Usenet or even e-mail.
So, what does this mean? It means that nearly everything on the Internet
is copyrighted. The exception of sorts might be documents at web
sites operated and owned by the federal government. As a citizen
of the United States, you own the federal government and so you may use
any images or text from those federal agencies and any of the material
they display on their web pages without seeking permission. But otherwise,
that means if you find a neat cartoon on the Internet or a great picture,
you really don’t, do NOT have the right to copy it and put that picture
onto your own web page.
Slide 6:
Well, perhaps the most pressing issue on the Internet
regarding copyright is the new MP3 format and the evolving MP4 liquid audio
format. This is really a hot issue on the ‘net. MP3 is MPEG,
that “Motion Pictures Engineers Group”, layer 3 audio compression.
What that means, is that it is a way of compressing music or audio and
allows one to store near-CD quality. Most people can’t really tell
the difference. So we’ll call it CD quality at a further compression
of 6:1, that is, in 1/6th or perhaps up to 1/10th of the space - as little
as 1/10th of the space - one can store a music cut, a song. Now there
are tens of thousands, probably hundreds of thousands, of recordings available
on the Internet in MP3 format. And these are available free from
sites that are on the Internet and one can download them using FTP or simply
go to the ‘net and use the web to download them. Well, many of these,
of course, are copyrighted; and released CD’s -- entire CD’s are being
put up at various sites on the Internet and people, rather than purchasing
those CD’s, go to the ‘net and simply download them. Now there is
free software, which is available at many places on the Internet, to play
the MP3 format through the computer. And so again, many, many people
are using this and storing thousands of songs and music cuts on their computer,
and then playing them through the computer using the MP3 format.
Also now, there’s a growing industry in stand-alone MP3 players, much like
CD players, although the initial ones are using flash RAM cards rather
than CD’s, so that one can just download it from the computer and without
actually taking anything of the size of a CD, stick it into the device
-- some of those devices are called RIO or MPMan or there’s Clikman, which
is an integrated device that allows audio recording as well as playback
of previously recorded material. These devices, which sell for $200
or less, are like portable CD players, although they are much smaller and
they don’t skip and they don’t have a transport; you know, there’s nothing
whorling around inside of them. It’s simply reading the bits and
bytes off of the flash RAM. Well, these devices, of course, are enjoying
great and growing popularity. So, as all of this evolves, pirate
audio seems to be thriving on the Internet and this is really, I think,
an excellent example of copyright issues on the ‘net and there’s a great
concern in the recording industry about MP3 distribution undercutting the
for-sale distribution of CD’s, and so this becomes a major issue.
Slide 7:
Well, what about links? And I think this is an
important, safe place for us on the Internet. In general, you may
link from your page to any other page. Now, it is appropriate and
courteous, and I would say most safe, to ask for permission before you
link to a page, but generally that’s not required. You see, if there’s
a page that is publicized through search engines and through indexes on
the Internet, they are seeking to reach a larger audience for their page,
so in general, your putting a link to their page on your page is not a
negative thing. But, there are some issues that might be involved,
for example, if your page is partisan in some political or social issue,
and you link to another page, then through that linkage you are lending
your credibility, if you will, your aspect or your certain angle on a social
issue or a political issue, to that… to the page to which you link, and
there might be some concern there. And there’s a celebrated case
between TicketMaster and Microsoft, where Microsoft included a link to
TicketMaster on one of its pages and TicketMaster contended that Microsoft
put that link on their page to try to further increase traffic to the Microsoft
page. And so there are certain issues involved, but, in general,
for an individual homepage to link to pages, which are related or have
an interest, it’s entirely appropriate. But again, it’s most courteous
and safest to ask for permission before you put a link on your own page.
Slide 8:
Well, citing the Internet follows along with copyright
issues. How do you give credit where credit is due? And so
citing sites, that pun intended, becomes a real issue. The MLA and
APA and other styles have been adapting to the new electronic technologies,
and I’ve included a link for this week’s readings to a number of style
books that show you how you can best cite the Internet using a variety
of styles. The key issue, though, in citing the Internet is that
archives are generally not kept of the entire World Wide Web. So,
while in print, past issues are commonly kept. Let’s say, oh, a newspaper,
the local (Springfield, IL) State Journal-Register, will have copies of
all its previous printed editions. And they can be accessed and one
can actually see the original report. Or the same is true generally
of books -- that publishers, libraries, and others keep out-of-print books
in stock so that one can refer to the original volume, but web pages change
daily and commonly no backup and no archive is kept. So when you
are conducting research and you refer to another document that’s on the
web, when those persons reading your research try to find that web page
they may find (1) that it has gone away or (2) that it is changed substantially
and the material that you cited from that page is no longer there.
So it is common in scholarly publications to attach a print of the original
web page, when you’re conducting research and citing an Internet site;
it’s common to attach a print, or a paper copy, or an electronic copy of
that page.
Slide 9:
Well, in conclusion, I think that we need to assume that
everything on the Internet is copyrighted and treat it that way.
Ask for permission if you’re going to use anything off the web. Visit
the links for this week and then get into our WebBoard discussion.
I’m going to raise the issue of MP3 and some other Internet copyright issues
for discussion this week. So, we’ll talk to you again next week.