Charles Fleurie

SLM521

Summer 2005

The Assignment is to study the two cases presented here. Determine if copyright infringement is taking place or not and tell explain why or why not?

Case #1:

You create a web link to the CBS - David Letterman Web page, the Right to Life and the Right to Choice web pages on your school's home page. Your principal instructs you to remove them from the schools links.

Answer:

No copyright infringement is occurring here. The material is not being copied or used; it is simply being accessed. I think that the principal is questioning the appropriateness of the material for the student body. Which is of course his prerogative. I would also think that it would be better for him to take a look at the school’s handbook and look at under a heading of what is more "appropriate for students" section instead of getting his ideas from the copyright infringement one.

Case #2:

Mr. Jamweimer, the parent of one of our 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 download file to be 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.

Answer:

The operative word in the above scenario is "paid." Users pay a licensing fee to access proprietary/copyrighted software and that fee covers one user. Often when you load the software you even have to register it using your name and some sort of bar code which is unique to your copy. Distributing the copy that you have purchased to a school is depriving the originator of the software his due fees. I would tell Mr. Jamweimer to get in touch with the creator of the software and see if he can not work out a deal to purchase some additional licenses maybe at a discounted educational rate. This way they can be properly compensated for their software and Mr. Jamweimer will be within the law for copyright usage.