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Intellectual Property and Copyright

Learning Objectives
• Define and give examples of intellectual property.
• Define copyright.
• Define and discuss examples of the fair use of copyrighted materials.
• Apply the copyright law and Creative Commons tools to personal and professional works.
• Discuss options for searching for fair use materials.
• Define and identify examples of plagiarism and ways to avoid it.

Intellectual property are tangible or intangible products of the human intellect.

Patents protect inventions.

Trademarks protect product brands.

Copyright protects creators of original literary, dramatic, musical, and artistic works.

Intellectual Property and the ALA Code of Ethics

Librarians are concerned with a wide range of topics and issues related to intellectual property.

Librarians respect the intellectual property rights of information owners, but also advocate for the rights of those seeking information.

ALA’s Code of Ethics states

“We respect intellectual property rights and advocate balance between the interests of information users and rights holders.”

Copyright

Copyright is a legal construct giving the creator of a work exclusive rights to their intellectual property.

copyright

The copyright owner determines who may financially gain from the work, who can copy and distribute the work, and how the work should be credited.

Fair Use of Copyrighted Material

Fair use provides limits to the exclusive rights of copyright holders.
For instance, articles can be copied for private use only.

Four factors determine fair use and all conditions must be met:

Try It!
Go to Can I Use That Picture? Think about photos you find online. Try applying the infographic.

Laws and Rules Governing Fair Use

A number of laws and rules impact fair use of materials. For instance, interlibrary loan is an issue when copies of materials are created.

Limits have been placed on the number of requests and number of items.

The Digital Millennium Copyright Act of 1998 addresses issues related to digital materials.

The TEACH Act of 2002 allows extended fair use for online instruction.

brains

Copyleft

When you create your own projects, you may wish to add a license for their use.

The two most common options are those supported by the GNU or Creative Commons.

Sometimes referred to as "copyleft" instead of "copyright," this type of license assures freedom to share with or without specific restrictions.

GNU General Public License

gnuMany software developers distribute their software under the GNU General Public License.

According to the Free Software Foundation,

"licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users."

They also state that "we protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software." Finally, they remind people that "free software is a matter of liberty not price. You should think of "free" as in "free speech."

There are different types of licenses. For example, the GNU Free Documentation License is intended for use on a manual, textbook or other document to assure everyone the effective freedom to copy and redistribute it, with or without modifications, either commercially or non commercially.

Creative Commons

cccCreative Commons is a nonprofit organization that offers flexible copyright licenses to meet specific needs. Like the GNU licensing, there are different options.

Some of the options include:

Try It!
Go to the Creative Commons License Chooser. Explore the options.

Advanced Searches and Usage Rights

flickrMany web search engines provide tools that allow users to search for items with particular licenses.

For instance, the Google Advanced Search provides an option for Usage Rights including a filter for particular licenses.

Flickr Advanced Search is an example of an image file sharing website that provides usage search options.

search

Try It!
Try both Google Advanced Search and Flickr Advanced Search. Notice the options for searching by usage. What licenses are featured?

SourceForge

The OSTG (Open Source Technology Group) was founded in 1996 to provide unbiased content, community, and commerce for the Linux and Open Source communities.

Their web SourceForge.net is "the" place to locate and download open source software.

audacity

TryIt!
Go to SourceForge.net and search for open source software such as TuxPaint and Audacity.

Plagiarism

bad guysPlagiarism involves using another author’s words and representing them as one’s own work.

The act of plagiarism is considered an ethical offense and an act of academic dishonesty, but it is not illegal.

Plagiarism and copyright infringement are different.

Plagiarism can occur regardless of a material’s copyright status.

To learn more about plagiarism, try the online tutorial from IU.

Try It!
Take the Recognizing Plagiarism Test.
Be sure to read the tutorial before attempting the test.

Conclusion

Intellectual property are tangible or intangible products of the human intellect.

Copyright is a legal construct that protects creators of original literary, dramatic, musical, and artistic works. It gives the creator exclusive rights to their intellectual property. However fair use limits these rights.

Librarians respect the intellectual property rights of information owners, but also advocate for the rights of those seeking information. Copyleft organizations provide licenses that assure freedom to share.

Plagiarism and copyright infringement are different.

Plagiarism is dishonest, but not illegal.


| eduscapes | IUPUI Online Courses | Contact Us | 2014 Annette Lamb (Adapted from earlier s401 materials)

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.