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Esther Fadlalla's List: Digital Law

  • Copyright infringement is a crime. It can also result in penalties and in up to 10 years in prison.

  • Dec 13, 13

    PIRATE BAY FOUNDER SENTENCED

    BYLINE: NICLAS ROLANDER

    SECTION: B; Pg. 3

    LENGTH: 42 words

    ABSTRACT

    Gottfrid Svartholm Warg, co-founder of file-sharing website Pirate Bay, receives two-year prison sentence for his role in hacker attacks on Swedish government agencies; has already served separate sentence for copyright-infringement; photo (M)

    Credible Reasoning:

    Credibility:
    Very credible and reliable resource. Found using Lexis Nexis. Needless to say more.

    Content:
    News archive. Very straight-forward and informative of the facts. Great insight and cross reference for my research.

    Citation:
    The website provided the original author and newspaper to have held this news report. Very accurate and precise information.

    SCORE: 97

    • enalties to be applied in cases of criminal copyright infringement (i.e., violations of 17 U.S.C. § 506(a)), are set forth at 18 U.S.C. § 2319. Congress has increased these penalties substantially in recent years, and has broadened the scope of behaviors to which they can apply.
    • Penalties to be applied in cases of criminal copyright infringement (i.e., violations of 17 U.S.C. § 506(a)), are set forth at 18 U.S.C. § 2319. Congress has increased these penalties substantially in recent years, and has broadened the scope of behaviors to which they can apply.

    3 more annotations...

    • In a civil suit, an infringer may be liable for a copyright owner's actual damages plus any profits made from the infringement. Alternatively, the copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504)

      Violation of copyright law is also considered a federal crime when done willfully with an intent to profit. Criminal penalties include up to ten years imprisonment depending on the nature of the violation. (No Electronic Theft Act, 18 U.S.C. 2319

      • Credible Reasoning:



        Content:

        Very informative and straight-forward. Not biased, simply the facts.



        Credibility:

        From navigating on the website and from noticing it is an .org website, the credibility appeared to be excellent.



        Connectivity:

        Considerably easy to find (2 page of google research), no log in required, easy access.



        SCORE: 90

  • There are three major exceptions for copyright: fair use, face-to-face instruction and virtual instruction.

    • There are three major exceptions to the copyright law that are commonly used by educators: fair use, face-to-face instruction, and virtual instruction. Exceptions allow for the use of a work without requesting permission from the copyright holder and potentially paying fees.
      • Credible Reasoning:



        Content:

        The content is very objective and factual. It is not biased. It is strictly instructional. Without a doubt helpful.



        Credibility:

        University library database online. Very reliable resource.



        Connectivity:

        Easy access and no log in required.



        SCORE: 97

      • Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

         
         
           
        1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
        2.  
        3. The nature of the copyrighted work
        4.  
        5. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
        6.  
        7. The effect of the use upon the potential market for, or value of, the copyrighted work
        8.  
         
         

        The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

    • The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
      • Credible Reasoning:



        Content:

        Vast yet concise, the content hit the main parts I needed to be clarified. Very precise information and factual.



        Credibility:

        US Government website, officially responsible for information on Copyrights. Needles to say more.



        Connectivity:

        Excellent access, it was the first website to come up on my google search. No log in required.



        SCORE: 99



    •   <!-- warning -->      

      Copyright Basics: Virtual Instruction Exception

       

      Nothing on these pages should be construed as legal advice

         
       

      Virtual instruction takes place when a course is taught entirely online, or when components of a face-to-face course are taught in an online environment such as Blackboard or other course management system. Virtual instruction includes digitally transmitting class materials to students, which is authorized under the TEACH Act provision of copyright law

    • Virtual instruction takes place when a course is taught entirely online, or when components of a face-to-face course are taught in an online environment such as Blackboard or other course management system. Virtual instruction includes digitally transmitting class materials to students, which is authorized under the TEACH Act provision of copyright law
      • Credible Reasoning:



        Content:

        The content is very straight-forward and provided the simple definition I needed.



        Credibility:

        The credibility is satisfactory since it comes from a University website and they are explaining how their online classes work.



        Context:

        The source is within an academic context and it is part of an explanation about having classes online. Valid and in sync with my statement.



        SCORE: 90

  • The main purposes of copyright are: exclusive rights, secured authors and promotion of progress.

  • Dec 13, 13

    Copyright law is the main legal space that addresses one of the most distinct features of humankind: knowledge.
    It attempts to regulate some aspects of what is usually referred to as the
    creative process, but it does not limit its view to the initial point of the process. It aims at the more lofty goal of human knowledge.

    The phrase they usually forget is "the Progress of." This paper sheds light on
    the idea of progress and its central place in copyright law. The idea of progress is the belief that humankind is on an inevitable course of betterment, and that knowledge is a product of an ongoing cumulative effort which is secular in nature.

    Credible Reasoning:

    Content:
    Academic paper with very intelligent remarks and detailed insights about the main purpose behind copyright with a focus on the "Progress" part. Very relevant.

    Critical Reasoning:
    The author provides an interesting approach and unfolds throughout the paper an impressive quality of critical reasoning. Captivating.

    Credibility:
    Very credible source with scholarly content.

    Connectivity:
    Great connectivity. Was easily found through a research on google. No log in required.

    SCORE: 99.9

    • The primary story of copyright in U.S. law focuses economic incentives and social progress. The U.S. Constitution gives Congress the ability "...to promote the Progress of Science and useful Arts, by securing for a limited Time to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." All of U.S. copyright law (and patent law) grows from this one brief phrase in the Constitution.
      • Credible Reasoning:



        1. Content

        Very serious, scholarly content. The intent is to inform university students or any person surfing the web about the purpose of copyright.



        2. Credibility

        The source is very credible and reliable, since it is from a University's Library



        3. Comparability

        The source is comparable to other sources, also listed below this statement, and is based on the U.S. constitution.



        SCORE: 98

    • Subject to sections  107 through  122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: 
       
          (1)  to reproduce the copyrighted work in copies or phonorecords;  
       
          (2)  to prepare derivative works based upon the copyrighted work;  
       
          (3)  to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;  
       
          (4)  in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;  
       
          (5)  in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and  
       
          (6)  in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. 
      • Credible Reasoning:



        Credibility:

        Highly credible source. Not only it's an University website, it is also from an Ivy League.



        Content:

        Straight-forward and self explanatory content. It's solely intent is to show what the Constitution of the US states about copyrights and since it is a highly credible source, I had no concern about the information being inaccurate.



        Connectivity:

        Easy to access, no log in required. Excellent connectivity.



        SCORE: 99

  • Copyright duration of never published works lasts the author's life + 70 years

    • Type   of Work

        

      Copyright   Term

       

      What   was in the public domain in the U.S. as of   1 January 20133

         

      Unpublished works

        

      Life of the author + 70 years

       

      Works from authors who died before 1943 

      • Credible Reasoning:

        1. Content

        This website has serious, scholarly content. The intent is solely to inform and educate/instruct. Also very useful, straight-forward facts.



        2. Context

        This source is within an academic context based on facts.



        3. Continuity

        The website has great continuity. The highlighted content is very up to date.



        SCORE: 95

    • A public domain work is a creative work that is not protected by copyright and
       which may be freely used by everyone.  The reasons that the work is not protected include:
       (1) the term of copyright for the work has expired;
      • Credible Reasoning



        Credibility:

        A very credible and reliable source. University website (.edu)



        Content:

        Scholarly and serious, academic content. Provides useful and information.



        Connectivity:

        The website has very easy access. It listed on the first pages of Google search. No log in required.



        Score: 85

    • How long does a copyright last?
       The term of copyright for a particular work depends on several  factors, including whether it has been published, and, if so,  the date of first publication. As a general rule, for works created  after January 1, 1978, copyright protection lasts for the life of  the author plus an additional 70 years.
      • Credible Reasoning



        Censorship:

        There is no censorship which can be applied to this website.



        Credibility:

        This website has excellent credibility, it is a website managed by the government of the US. Strictly serious and informative.



        Context:

        The context of this source suits very well with my intent which is very straight-forward, just looking for the facts.



        Score: 95

  • Copyright does not protect an idea or concept, only the actual work.

    • Copyright protects an author’s specific expression in literary, artistic, or musical form. Copyright protection does not extend to any idea, system, method, device, name, or title.
      • Credible Reasoning



        1. Content

        The content has the exclusive purpose of informing. It is serious because it is officially from the government.



        2. Credibility

        The source is very credible because it is the official website from the government available to inform us about Copyright.



        3. Connectivity

        The website has a great connectivity, no barrier whatsoever. Anyone can have access to the information, no log in required. Keep updated.



        SCORE: 98

  • Dec 13, 13

    Copyright is an economic right that has for centuries been given by legislation to authors of original works of literature, drama, music and art - but only if those works are manifest in a concrete form, such as a manuscript, play script, written or recorded musical score, or a 3D or 2D visual art work. In other words anidea - for a novel, a play, a song, a picture -needs to be expressed in a fixed physical form that is therefore capable of being physically copied, before copyright law gives to authors (or their employers) automatic rights to prevent their original forms of expression being physically copied; an idea that is not executed in such a physical form is not protected by copyright law. This means that ideas and concepts conveyed or connoted by or through original literary or artistic works are not protected by copyright law, only the original forms of expression of them. Duchamp's readymades, for example, convey and connote ideas and questions about the nature and content of art - the urinal, the hat rack, the phial of Paris air, the typewriter cover, the bottle rack - and these conceptual issues are not protected by copyright law: contemporary artists have been stimulated and affected by Duchamp's concepts, and have been free to appropriate all or part of them asthey wish, and have done so - the idea is theessence of the work.
    Since only original physical manifestations of an author's ideas or concepts are protected by copyright law (say, the shapes, forms, configurations, perspective, colours or lines of a painting) it is logical that copyright law requires those physical manifestations to be the author's original - meaning that they must not be substantially derived from another author's earlier original physicalmanifestation. In other words, authors become copyright owners of works only if they have been produced by their own - and not by use of another author's - independent skill and labour; accordingly, they must not have copied from someone else.

    Credible Reasoning:

    1. Content
    The content of this source is very rich and detailed, since it is scholarly. It's intent it to explore how ideas can be stolen online.

    2. Connectivity
    The access to this source is somewhat limited and this is a downside. However, it can also be seen as a positive aspect, since it makes it a more exclusive source of research.

    3. Continuity
    There is no problem whatsoever in accessing this website to find this material at any future time, since it is a very credible online database. However, it could have limited access.

    SCORE: 92

    • Copyright Law

        

      Scope and Terms of Copyright

       

        United States copyright law protects original work set in a tangible medium. Let’s take a look at what that means. First of all, what qualifies as original? In fact, the threshold for originality is generally quite low. For example, although the law does not protect a simple index such as a phone book, it would protect such things as a clever reorganization of a published list of phone numbers according to categories. In addition, the artwork used in advertising design would be protected by the law, as originality is commonly found in literary, academic, dramatic, musical, visually artistic, and other intellectual works. 

       

        Now let’s consider what is meant by a “tangible medium.” Tangible media include anything from printed pages to Web pages, from books to hard drives. Film and architectural blueprints are included, too. 

       

        Copyright law grants exclusive rights to copy, distribute, prepare derivative works from (such as translations), perform, or display the copyrighted work publicly. Under current U.S. law, this exclusive right lasts 70 years plus the life of the author for an individual rights holder, and 95 years for a corporate one. 

      • Credible Reasoning:



        1. Content

        The content is very aimed at proving my statement. It is material from a University, so it serious and scholarly.



        2. Context

        The context the highlighted area is within a "Guide To Doing Research Online", therefore it offers an ideal approach to my statement.



        3. Continuity

        The website has it's material available and has shown to be up to date.



        Score: 95

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