Clayton Haliburton's List: Digital Law

• Copyright law is extremely complex. It's so complex that lawyers, lawmakers, and experts heavily argue over how it's interpreted and applied.
• The result is that we — the average users and consumers of the Internet — are unsure of how to proceed when dealing with copyrighted works and either have to assume we have no rights or make our best guess and hope it doesn't lead to legal consequences.
• It all comes down to this reality: you will often have to circumvent or ignore copyright law to go on with your regular activities.

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• Digital law can be defined as the legal rights and restrictions governing technology use.
• They are criminals, breaking the law, either knowing or not knowing, what is appropriate or inappropriate technology use.
• For example, many people think that it is okay to download music without paying for it. This is illegal though and there can be serious consequences if caught. You can pay a hefty fine or even go to jail
• Other violations include illegal file sharing sites, pirating software, creating viruses, hacking into systems or networks, stealing someones identity, and copyright infringement. In order to create a functioning 21st century global society with responsible digital citizens, students need to be taught and informed of these violations.

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• A copyright is a form of protection, granted by the laws of the United States, to the creator of an original work of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, to control the distribution, usually for a limited time, after the work enters the public domain.
• Generally, copyright is enforced as a civil matter although some jurisdictions do apply criminal sanctions.
• Most recently, the music industry launched a campaign to fight the illegal downloading of songs via the Internet and file sharing, peer-to-peer networks like Ares, BitTorrent, Gnutella, Limewire, and Morpheus.
• These file-sharing networks also allow users to search for pirated (illegally copied copyright material) software packages.
• The software is easily downloaded along with the serial number needed to install and access the program. Videos are also being illegally copied and shared.
• Some of the illicit networks actually seize a portion of the user's hard drive for illegally uploading and downloading files to network members around the world.
• It all happens once you register as a member and all of the files on your computer hard drive can be accessed.
• Depending upon the settings you choose everything including financial information, private data and sensitive documents become fair game
• The practice of using file sharing sites also invites the threat of viruses, Trojan horses, and other harmful code that may be resident in unauthorized files.

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• The RIAA reports that music sales in the United States have dropped 47 percent since Napster first debuted in 1999. The availability of free music has cost the music industry $12.5 billion in economic losses.
• To recoup some of these losses, the music industry has filed lawsuits against individuals who have been found to have illegally downloaded music. In some cases, individuals have been sued for thousands, if not hundreds of thousands of dollars.
• As record companies have seen their profits decrease, they have cut positions they are no longer able to afford.
• This includes artists as well as engineers, songwriters, producers, technicians and marketing support.
• Declining profits and fewer staff leave the music industry with less funds and opportunities to recruit and develop new talent
• To expose its artists to a wider audience, the music industry has had to develop and deploy new tactics like ringtones and digital licensing music to sites like YouTube and Pandora. Touring and promotional deals are more lucrative for the music industry than selling songs.

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• "It may seem innocent enough, but every time you illegally download music a   songwriter doesn't get paid. And, every time you swap that music with your   friends a new artist doesn't get a chance. Respect the artists you love by not   stealing their music. You're in control. Support music, don't steal it." Dixie   Chicks

• "Everyone who loves music should be able to enjoy the wonderful recordings that   are created. But it's no secret that it takes hard work, expense and many   people to make great recordings. Artists and composers -particularly the   younger ones - will not stand a chance of creating music in the future if their   recordings are simply stolen in this way." Luciano Pavarotti 

   
• "Getting music the right way means there will be continued investment in new   music, new artists, touring, new songs and everything fans love. Be a fan. Love   music. And if you love music, get the real thing." Martina McBride
• "My producer, my co-writers, my musicians have a big part in my albums. When you   download music illegally, those folks don't get paid." Brad Paisley

• "Record companies, publishers, radio stations, retailers, artists and others in   our industry must take a very strong position against the stealing of our   writing and music or else those writings and music will become as cheap as the   garbage in the streets." Stevie Wonder 

   
• "Hip Hop has always been about the attainable dream - about running your own   business, your own club, your own fanzine. Turning your back on the bootleggers   helps us pave the way for the next generation of entrepreneurs. We do our best   to bring you the latest, hottest beats, and we appreciate it when our fans show   their love and respect by going in that record store and buying the finished   product." Missy Elliott
• "As an artist who has dedicated his life to music and the music business, I have   seen what illegal music copying has done and continues to do to new and   established musicians. I understand why people download music, but for me and   my fellow artists, this is our livelihood. When you make an illegal copy,   you're stealing from the artist. It's that simple. Every single day we're out   here pouring our hearts and souls into making music for everyone to enjoy. What   if you didn't get paid for your job? Put yourself in our shoes!" Sean (P.   Diddy) Combs
• "Making an album is a team effort, so when somebody pirates a record that not   only affects the artist, but also the people who worked on it like   co-producers, co-writers and musicians." Shakira

• "You might as well walk into a record store, put the CD's in your pocket and   walk out without paying for them." Mark Knopfler 

   
• "If you create something and then someone takes it without your permission, that   is stealing. It may sound harsh, but it is true." Mary J. Blige

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• Downloading music from file sharing programs opens your computer up to viruses and security breaches by unwanted websites, adware and spyware.
• Individuals can become part of a civil lawsuit and be held personally liable, regardless of their intention. Repeat offenders can serve up to six years in jail, if convicted, and fines could reach up to $150,000 per download, among other penalties.

• he RIAA (Recording Industry Association of America) had been suing individual illegal downloaders of music, forcing them to pay a settlement for each individual song downloaded (usually $750 each), with the RIAA choosing the number of songs they want the accused to pay for.
• People caught distributing copyrighted material may find themselves facing a lawsuit.
• Even though it’s not against the law to watch them, as soon as you do anything to reproduce or redistribute the illegal video yourself, then you actually are committing infringement.
• if you try to download the video from the streaming site onto your hard drive, you have then independently broken the law and can be held responsible for that download.

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• Types of works protected by copyrights include "works of authorship" such as literary works, musical works, and motion pictures, among others. Songs and movies, therefore, definitely fall within the category of works protected by copyright.
• Under federal copyright law, the damages that you may owe can range from $750 to $30,000 ... per work. So if you illegally download, say, 10 songs -- doesn't seem that offensive, right? Think again, because the penalty for that can be as much as $300,000.

• Bullying statistics show that cyber bullying is a serious problem among teens.
• • Sending mean messages or threats to a person's email account or cell phone
  • Spreading rumors online or through texts
  • Posting hurtful or threatening messages on social networking sites or web pages
  • Stealing a person's account information to break into their account and send damaging messages
  • Pretending to be someone else online to hurt another person
  • Taking unflattering pictures of a person and spreading them through cell phones or the Internet
  • Sexting, or circulating sexually suggestive pictures or messages about a person
• It can lead to anxiety, depression, and even suicide.
• The things teens post online now may reflect badly on them later when they apply for college or a job. Cyber bullies can lose their cell phone or online accounts for cyber bullying. Also, cyber bullies and their parents may face legal charges for cyber bullying, and if the cyber bullying was sexual in nature or involved sexting, the results can include being registered as a sex offender.
• • Over half of adolescents and teens have been bullied online, and about the same number have engaged in cyber bullying.
  • More than 1 in 3 young people have experienced cyberthreats online.
  • Over 25 percent of adolescents and teens have been bullied repeatedly through their cell phones or the Internet.
  • Well over half of young people do not tell their parents when cyber bullying occurs.
• • Around half of teens have been the victims of cyber bullying
  • Only 1 in 10 teens tells a parent if they have been a cyber bully victim
  • Fewer than 1 in 5 cyber bullying incidents are reported to law enforcement
  • 1 in 10 adolescents or teens have had embarrassing or damaging pictures taken of themselves without their permission, often using cell phone cameras
  • About 1 in 5 teens have posted or sent sexually suggestive or nude pictures of themselves to others
  • Girls are somewhat more likely than boys to be involved in cyber bullying
• • Over 80 percent of teens use a cell phone regularly, making it the most popular form of technology and a common medium for cyber bullying
  • About half of young people have experienced some form of cyber bullying, and 10 to 20 percent experience it regularly
  • Mean, hurtful comments and spreading rumors are the most common type of cyber bullying
  • Girls are at least as likely as boys to be cyber bullies or their victims
  • Boys are more likely to be threatened by cyber bullies than girls
  • Cyber bullying affects all races
  • Cyber bullying victims are more likely to have low self esteem and to consider suicide
• • Talks to teens about cyber bullying, explaining that it is wrong and can have serious consequences. Make a rule that teens may not send mean or damaging messages, even if someone else started it, or suggestive pictures or messages or they will lose their cell phone and computer privileges for a time.
  • Encourage teens to tell an adult if cyber bullying is occurring. Tell them if they are the victims they will not be punished, and reassure them that being bullied is not their fault.
  • Teens should keep cyber bullying messages as proof that the cyber bullying is occurring. The teens' parents may want to talk to the parents of the cyber bully, to the bully's Internet or cell phone provider, and/or to the police about the messages, especially if they are threatening or sexual in nature.
  • Try blocking the person sending the messages. It may be necessary to get a new phone number or email address and to be more cautious about giving out the new number or address.
  • Teens should never tell their password to anyone except a parent, and should not write it down in a place where it could be found by others.
  • Teens should not share anything through text or instant messaging on their cell phone or the Internet that they would not want to be made public - remind teens that the person they are talking to in messages or online may not be who they think they are, and that things posted electronically may not be secure.
  • Encourage teens never to share personal information online or to meet someone they only know online.
  • Keep the computer in a shared space like the family room, and do not allow teens to have Internet access in their own rooms.
  • Encourage teens to have times when they turn off the technology, such as at family meals or after a certain time at night.
  • Parents may want to wait until high school to allow their teens to have their own email and cell phone accounts, and even then parents should still have access to the accounts.

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• • Delivering threats or hurtful messages to someone via email or text message
   
  • Spreading false rumors through text message, online boards or social networking sites
   
  • Leaving hurtful, harassing or threatening messages on web pages or social networking sites
   
  • Impersonating someone else online to harass or hurt another person
   
  • Spreading unflattering or sexually suggestive pictures of another person and spreading them via Internet or cell phones

• • 42% of kids have been bullied while online, 1 in 4 have said it happened more than once
   
  • 35% have been threatened while online, 1 in 5 have said it happened more than once
   
  • 21% of youth have received mean or threatening emails
   
  • 53% admit to having said mean or hurtful things to others online, 1 in 3 have done it more than once
   
• • 20% of respondents thought seriously about suicide
   
  • 19% reported having attempted suicide
   
  • Cyberbullying victims were 1.9 times more likely to attempt suicide than non-victims
   
• • 51% of preteens and 35% of teens who’d been technobullied told their parents;
   
  • 27% of preteens and only 9% of teens who’d been technobullied told a teacher;
   
  • 44% of preteens and 72% of teens who’d been technobullied told a friend;
   
  • 31% of preteens and 35% of teens who’d been technobullied told a brother or sister;
   
  • 16% of preteens and teens who’d been technobullied told no one.

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• The primary purpose of copyright law is not so much to protect the interests of the authors/creators, but rather to promote the progress of science and the useful arts—that is—knowledge.
• he primary purpose of copyright law is not so much to protect the interests of the authors/creators, but rather to promote the progress of science and the useful arts—that is—knowledge.
• When thinking about the possible use of copyrighted material, keep in mind the perspectives of both the owner and the user of copyrighted material.

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• Copyright is protection provided by law (title 17, U.S. Code) to the authors/creators of “original works of authorship,” expressed in any tangible medium. This protection is available for original works from the moment they are created and expressed in a tangible medium, and it applies whether they are published, unpublished, or registered with the U.S. Copyright Office.

• • Literary works
   
  • Musical works, including any accompanying words
   
  • Dramatic works, including any accompanying music
   
  • Pantomimes and choreographic works
   
  • Pictorial, graphic, and sculptural works
   
  • Motion pictures and other audiovisual works
   
  • Sound recordings
   
  • Architectural works

• Copyright protection is automatic for any creative work that is created after 1978 and fixed in some tangible form.
• Copyright laws are federal laws, which means you generally have to sue in federal court if someone violates your copyrights.
• Fair use permits people to take limited excerpts of works for articles, critiques and other public services. Parodies of copyrighted works are also generally protected.
• The Digital Millennium Copyright Act removes liability from websites whose users commit copyright infringement so long as the websites take the material down.
• This means that even if YouTube or Facebook allows you to upload something on your small business page, you could still be committing copyright infringement and the material can be removed.
• The simplest way to avoid infringing on another person or business' copyrights is to seek permission to use anything that is not yours
• Even using a photographer's photo on a personal blog could constitute copyright infringement.
• If you are concerned about your copyrights being infringed upon, insert watermarks and upload material in formats that are difficult to copyright, PDF files.
• There is no guaranteed method for preventing infringement, but registering your copyrights and prominently displaying a copyright symbol can deter would-be thieves.

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• 10.  A copyright gives you the exclusive right to reproduce or copy the work or change its form, like creating a sequel and revising or updating the work.

   

  9.  Only you can perform the work or display it in public; everyone else has to ask you first.

   

  8.  You're the only person who can distribute the work for commercial purposes.

   

  7.  You can sell your right to control over the copyrighted work, so when you write your next big thriller you can sell the movie rights and keep the right to create a sequel.

   

  6.  Registration informs the world that you own the work and all the rights of ownership.

   

  5.  Registration protects your rights in the twenty foreign countries that still condition legal protection on public notice that the rights have been claimed.

   

  4.  Your work will be in the Library of Congress!

   

  3.  You can't sue for copyright infringement or get an order from a judge to make somebody stop using your work unless your work is registered either within the three months after your work is first published, or before the infringement first occurs.

   

  2.  If you succeed in an infringement suit, you are entitled to money damages even if you can't prove how much money you actually lost because of the infringement.

   

  1.  If you succeed, the infringer will have to pay your lawyer.