Manual Composition & Copyright: Perspectives on Teaching, Text-Making, and Fair Use

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  2. Code of Best Practices in Fair Use for the Visual Arts - Center for Media and Social Impact
  3. Defining Copyright
  4. Copyright and Fair Use: Home

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Computers and Composition Online Ritchie, Joy and Kate Ronald. Pittsburgh: University of Pittsburgh Press, Salvo, Michael. Journal of Business and Technical Communication Sheridan, David M. Anderson, SC: Parlor Press, Inman, eds. Creskill, N. Shipka, Jody. Toward a Composition Made Whole.

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Code of Best Practices in Fair Use for the Visual Arts - Center for Media and Social Impact

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In a study published in the Journal of Behavioural and Experimental Economics , and reported on in early May , researchers from the University of Portsmouth in the UK discussed findings from examining the illegal downloading behavior of 6, Finnish people, aged seven to The list of reasons for downloading given by the study respondents included money saving; the ability to access material not on general release, or before it was released; and assisting artists to avoid involvement with record companies and movie studios.

In a public talk between Bill Gates , Warren Buffett , and Brent Schlender at the University of Washington in , Bill Gates commented on piracy as a means to an end , whereby people who use Microsoft software illegally will eventually pay for it, out of familiarity, as a country's economy develops and legitimate products become more affordable to businesses and consumers:.

Although about three million computers get sold every year in China, people don't pay for the software. Someday they will, though. And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade. In Media Piracy in Emerging Economies , the first independent international comparative study of media piracy with center on Brazil , India , Russia , South Africa , Mexico , Turkey and Bolivia , "high prices for media goods, low incomes, and cheap digital technologies" are the chief factors that lead to the global spread of media piracy, especially in emerging markets.

According to the same study, even though digital piracy inflicts additional costs on the production side of media, it also offers the main access to media goods in developing countries. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcements toward digital piracy.

There have been instances where a country's government bans a movie, resulting in the spread of copied videos and DVDs. A visitor from the west gave her bootlegged copies of American movies , which she dubbed for secret viewings through Romania. Most countries extend copyright protections to authors of works. In countries with copyright legislation, enforcement of copyright is generally the responsibility of the copyright holder. Copyright infringement in civil law is any violation of the exclusive rights of the owner. In the U. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement.

The MGM v. Grokster case did not overturn the earlier Sony v. Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned.

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In the United States, copyright term has been extended many times over [33] from the original term of 14 years with a single renewal allowance of 14 years, to the current term of the life of the author plus 70 years. If the work was produced under corporate authorship it may last years after creation or 95 years after publication, whichever is sooner. Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPs requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages.

In some jurisdictions, copyright or the right to enforce it can be contractually assigned to a third party which did not have a role in producing the work. When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a " copyright troll ".

Such practices have had mixed results in the U. Punishment of copyright infringement varies case-by-case across countries. Article 61 of the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPs requires that signatory countries establish criminal procedures and penalties in cases of "willful trademark counterfeiting or copyright piracy on a commercial scale". The first criminal provision in U.

To establish criminal liability, the prosecutor must first show the basic elements of copyright infringement: ownership of a valid copyright, and the violation of one or more of the copyright holder's exclusive rights. The government must then establish that defendant willfully infringed or, in other words, possessed the necessary mens rea.

Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works. The ACTA trade agreement , signed in May by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement.

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United States v. LaMacchia F. The ruling gave rise to what became known as the "LaMacchia Loophole", wherein criminal charges of fraud or copyright infringement would be dismissed under current legal standards, so long as there was no profit motive involved. The United States No Electronic Theft Act NET Act , a federal law passed in , in response to LaMacchia, provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances, even when there is no monetary profit or commercial benefit from the infringement.

The court's ruling explicitly drew attention to the shortcomings of current law that allowed people to facilitate mass copyright infringement while being immune to prosecution under the Copyright Act. Proposed laws such as the Stop Online Piracy Act broaden the definition of "willful infringement", and introduce felony charges for unauthorized media streaming.

These bills are aimed towards defeating websites that carry or contain links to infringing content, but have raised concerns about domestic abuse and internet censorship. To an extent, copyright law in some countries permits downloading copyright-protected content for personal, noncommercial use. The personal copying exemption in the copyright law of EU member states stems from the EU Copyright Directive of , which is generally devised to allow EU members to enact laws sanctioning making copies without authorization, as long as they are for personal, noncommercial use.

The Copyright Directive was not intended to legitimize file-sharing, but rather the common practice of space shifting copyright-protected content from a legally purchased CD for example to certain kinds of devices and media, provided rights holders are compensated and no copy protection measures are circumvented. Rights-holder compensation takes various forms, depending on the country, but is generally either a levy on "recording" devices and media, or a tax on the content itself.

In some countries, such as Canada, the applicability of such laws to copying onto general-purpose storage devices like computer hard drives, portable media players, and phones, for which no levies are collected, has been the subject of debate and further efforts to reform copyright law. In some countries, the personal copying exemption explicitly requires that the content being copied was obtained legitimately — i. Other countries, such as the Netherlands, make no such distinction; the exemption there had been assumed, even by the government, to apply to any such copying, even from file-sharing networks.

However, in April , the Court of Justice of the European Union ruled that "national legislation which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated. Although downloading or other private copying is sometimes permitted, public distribution — by uploading or otherwise offering to share copyright-protected content — remains illegal in most, if not all countries. For example, in Canada, even though it was once legal to download any copyrighted file as long as it was for noncommercial use, it was still illegal to distribute the copyrighted files e.

Some countries, like Canada and Germany, have limited the penalties for non-commercial copyright infringement. However, this only applies to "bootleg distribution" and not non-commercial use. Title I of the U. Apple Inc.

Defining Copyright

Whether Internet intermediaries are liable for copyright infringement by their users is a subject of debate and court cases in a number of countries. Internet intermediaries were formerly understood to be internet service providers ISPs. However, questions of liability have also emerged in relation to other Internet infrastructure intermediaries, including Internet backbone providers, cable companies and mobile communications providers. In addition, intermediaries are now also generally understood to include Internet portals , software and games providers, those providing virtual information such as interactive forums and comment facilities with or without a moderation system , aggregators of various kinds, such as news aggregators , universities , libraries and archives , web search engines , chat rooms , web blogs , mailing lists , and any website which provides access to third party content through, for example, hyperlinks , a crucial element of the World Wide Web.

Early court cases focused on the liability of Internet service providers ISPs for hosting, transmitting or publishing user-supplied content that could be actioned under civil or criminal law, such as libel , defamation , or pornography. The first laws on online intermediaries' liability were passed from the mids onwards.

The debate has shifted away from questions about liability for specific content, including that which may infringe copyright, towards whether online intermediaries should be generally responsible for content accessible through their services or infrastructure. The U. Digital Millennium Copyright Act and the European E-Commerce Directive provide online intermediaries with limited statutory immunity from liability for copyright infringement.

Online intermediaries hosting content that infringes copyright are not liable, so long as they do not know about it and take actions once the infringing content is brought to their attention. Under European law, the governing principles for Internet Service Providers are "mere conduit", meaning that they are neutral 'pipes' with no knowledge of what they are carrying; and 'no obligation to monitor' meaning that they cannot be given a general mandate by governments to monitor content.

These two principles are a barrier for certain forms of online copyright enforcement and they were the reason behind an attempt to amend the European Telecoms Package in to support new measures against copyright infringement. Peer-to-peer file sharing intermediaries have been denied access to safe harbor provisions in relation to copyright infringement. Legal action against such intermediaries, such as Napster , are generally brought in relation to principles of secondary liability for copyright infringement, such as contributory liability and vicarious liability.

These types of intermediaries do not host or transmit infringing content, themselves, but may be regarded in some courts as encouraging, enabling or facilitating infringement by users. These intermediaries may include the author, publishers and marketers of peer-to-peer networking software, and the websites that allow users to download such software.

In the case of the BitTorrent protocol, intermediaries may include the torrent tracker and any websites or search engines which facilitate access to torrent files. Torrent files don't contain copyrighted content, but they may make reference to files that do, and they may point to trackers which coordinate the sharing of those files.

Some torrent indexing and search sites, such as The Pirate Bay, now encourage the use of magnet links , instead of direct links to torrent files, creating another layer of indirection; using such links, torrent files are obtained from other peers, rather than from a particular website.

Since the late s, copyright holders have taken legal actions against a number of peer-to-peer intermediaries, such as pir, Grokster , eMule , SoulSeek , BitTorrent and Limewire , and case law on the liability of Internet service providers ISPs in relation to copyright infringement has emerged primarily in relation to these cases. Nevertheless, whether and to what degree any of these types of intermediaries have secondary liability is the subject of ongoing litigation.

The decentralised structure of peer-to-peer networks , in particular, does not sit easily with existing laws on online intermediaries' liability. The BitTorrent protocol established an entirely decentralised network architecture in order to distribute large files effectively. Recent developments in peer-to-peer technology towards more complex network configurations are said to have been driven by a desire to avoid liability as intermediaries under existing laws. Copyright law does not grant authors and publishers absolute control over the use of their work.

Only certain types of works and kinds of uses are protected; [58] only unauthorized uses of protected works can be said to be infringing. Article 10 of the Berne Convention mandates that national laws provide for limitations to copyright, so that copyright protection does not extend to certain kinds of uses that fall under what the treaty calls "fair practice", including but not limited to minimal quotations used in journalism and education. In common law systems, these fair practice statutes typically enshrine principles underlying many earlier judicial precedents, and are considered essential to freedom of speech.

Copyright and Fair Use: Home

Another example is the practice of compulsory licensing , which is where the law forbids copyright owners from denying a license for certain uses of certain kinds of works, such as compilations and live performances of music. Compulsory licensing laws generally say that for certain uses of certain works, no infringement occurs as long as a royalty , at a rate determined by law rather than private negotiation, is paid to the copyright owner or representative copyright collective. Some fair dealing laws, such as Canada's, include similar royalty requirements.

In Europe, the copyright infringement case Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd had two prongs; one concerned whether a news aggregator service infringed the copyright of the news generators; the other concerned whether the temporary web cache created by the web browser of a consumer of the aggregator's service, also infringed the copyright of the news generators. In order to qualify for protection, a work must be an expression with a degree of originality, and it must be in a fixed medium, such as written down on paper or recorded digitally.

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That is, a copy of someone else's original idea is not infringing unless it copies that person's unique, tangible expression of the idea. Some of these limitations, especially regarding what qualifies as original, are embodied only in case law judicial precedent , rather than in statutes. Likewise, courts may require computer software to pass an Abstraction-Filtration-Comparison test AFC Test [67] [68] to determine if it is too abstract to qualify for protection, or too dissimilar to an original work to be considered infringing.

Evaluation of alleged copyright infringement in a court of law may be substantial; the time and costs required to apply these tests vary based on the size and complexity of the copyrighted material. Furthermore, there is no standard or universally accepted test; some courts have rejected the AFC Test, for example, in favor of narrower criteria.

The POSAR test, [70] a recently devised forensic procedure for establishing software copyright infringement cases, is an extension or an enhancement of the AFC test. POSAR, with its added features and additional facilities, offers something more to the legal and the judicial domain than what the AFC test offers.