Copyright, Piracy, and Ethics

by:

Lauren Day-Lewis
SLM521
Fall 2004


Introduction:  Sometimes, it is difficult to figure out what material on the Internet is protected by copyright law. So, teachers, parents, and students should be cautious when downloading and copying web pages and/or software, as well as other materials.  On this page, you will find two scenarios concerning the use of internet/computer materials.  After each scenario, is a brief summary of whether or not these uses are permissable or legal.
Scenario #1

You find an outstanding World Wide Web site on the internet and want your web page to contain some of the glittering wonderfulness of this site.  You download and use part of the web page.

Legal?

I can download this site, but I cannot reproduce the information on this site, unless I obtain permission first.  It is still illegal even if I use a small portion of this person's work, and I can still be held liable. If I wish to use this person's work, I must first get electronic rights, which will give me permission to use copyrighted works.  However, I must still follow laws concerning how much information I can take (I am still limited!).  Section 2.2 of the CCUMC Multimedia Fair Use Guidelines says that educators may incorporate parts of legally obtained copyright works to create their own multimedia programs and activities. Also, when viewing other people's work online or in a public domain, I should remember Section 6.1.  This says that educators, as well as students, should be cautious when using downloaded material from the internet.  Because there is a mix of works protected by copyright, and works in the public domain of the net, it is sometimes difficult to determine what is protected by law and what is not.  Access to webpages does not necessarily mean that they can be reproduced without permission or payment!


Scenario #2

Mr. Jamweimer, the parent of one your most intellectual students, has paid to download a wonderful computer software program for his little Einstein.  Mr. Jamweimer wants "our school" to be the best and sends a copy of the downloaded file to used by the students on the computers at school.  P.S.  All of the kids use it and win Nobel prizes in science, literature, physics, chemistry, and playground.

Legal?

No, this is definitely illegal!  Although it was very thoughtful of Mr. Jamweimer to think of his kid's whole class, he cannot make a copy for everyone in the class to use. Section 117 of the Copyright law says that he can make a back copy, but he should not use the copy unless the original package fails or is destroyed.  Also, this copy should not be used for distribution and should never be modified.  Before Mr. Jamweimer allowed others to use his program, he should have read the licensing agreement, which reminds users of the copyright laws.  Depending on the licensing agreement, he may be able to install the program on a single classroom computer.  Then, students could take turns using the program.  It is not okay for him to copy the program so a whole class can benefit from it, though!