Legal, Ethical, and Societal Issues in Media and Information PDF

LEGAL, ETHICAL, AND SOCIETAL ISSUES IN MEDIA AND INFORMATION A. INTELLECTUAL PROPERTY, FAIR USE AND CREATIVE COMMONS What is piracy? The unauthorized reproduction or use of a copyrighted book, recording, television program, patented i...

LEGAL, ETHICAL, AND SOCIETAL ISSUES IN MEDIA AND INFORMATION A. INTELLECTUAL PROPERTY, FAIR USE AND CREATIVE COMMONS What is piracy? The unauthorized reproduction or use of a copyrighted book, recording, television program, patented invention, trademarked product, etc.(www.dictionary.com/browse/piracy) What is intellectual property? Intellectual Property (IP) - refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. An invention is something that has never been made before, or the process of creating something that has never been made before. It may be a new device, method, or process developed from study and experimentation (www.thefreedictionary.com) IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. World Intellectual Property Organization (WIPO) is the global forum for intellectual property services, policy, information and cooperation. The World Intellectual Property Organization (WIPO) is the UN agency responsible for treaties involving copyright, patent, and trademark laws. WIPO can be a force for progressive change, helping the world take into account public interest and development needs. What are the different types of intellectual property? TYPES OF IP DEFINITION 1. Copyright Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. Infringement – violation of a copyright. 2. Patent A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document. 3. Trademarks A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsmen used to put their signature or "mark" on their products. TM means the owner of the mark has common law rights even though the mark has not been registered while the ®, on the other hand, is only used for marks that have been granted registration. 4. Industrial Design An industrial design constitutes the ornamental or aesthetic aspect of an article. An industrial design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. An industrial design right protects only the appearance or aesthetic features of a product, whereas a patent protects an invention that offers a new technical solution to a problem. In principle, an industrial design right does not protect the technical or functional features of a product. Such features could, however, potentially be protected by a patent. 5. Geographical Geographical indications and appellations of origin are signs used on goods that have a Indications and specific geographical origin and possess qualities, a reputation or characteristics that are Appellations of essentially attributable to that place of origin. Most commonly, a geographical indication Origin includes the name of the place of origin of the goods. What are validity period of a copyright? Republic Act 8293 - Intellectual Property Code of the Philippines COPYRIGHT VALIDITY PERIOD Literary Works During the lifetime of the author plus 50 years after death Art 25 years from the date of creation Photographic Work 50 years from publication Audio-Visual Work 50 years from publication Sound Recording 50 years from year recording took place Broadcast Recording 20 years from date of broadcast Trademark Valid for 10 years and may be renewed for a period of 10 years Invention Patent Valid for 20 years from filing date application 1 FAIR USE - means you can use copyrighted material without a license only for certain purposes. These include: commentary, criticism, reporting, research, and teaching. Guidelines for Fair Use: a.) A majority of the content you create must be your own. To return to the example above, it's probably fair use to include a few relevant photos to support your ideas in a blog post, presentation, or research paper. However, using these same photos in a project with only a few lines of commentary might not be fair use. As another example, let's imagine you found a useful tutorial you wanted to feature on your blog. Including one tip from the tutorial would be fair use. Simply republishing the entire tutorial would not be fair use, even if you linked to the original source. b.) Give credit to the copyright holder. In order for something to be fair use, you must give full credit to the person who created it. This includes the creator's name, as well as other information that will help people find the original work or source. For example, if you adapt a recipe that was originally published on a cooking website, you should include a link to the original page. For more help citing your sources, review Avoiding Plagiarism. c.) Don't make money off of the copyrighted work. In general, it's much easier to claim fair use when you're using the copyrighted material for noncommercial purposes. While posting images of your favorite TV shows and adding funny captions and commentary might be considered fair use, selling these images on T-shirts would not. CREATIVE COMMONS - is an American non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons licenses free of charge to the public. Website https://creativecommons.org/about/ Creative commons  Attribution: You must credit the creator.  Non-Commercial: You can't make a profit.  No Derivative Works: You can't change the content.  Share Alike: You can change the content, but you have to let other people use your new work with the same license as the original. B. DIGITAL CITIZENSHIP, NETIQUETTE, DIGITAL FOOTPRINTS AND DIGITAL ISSUES IN THE PHILIPPINES DIGITAL CITIZENSHIP Digital Citizenship is the norms of appropriate, responsible technology use (http://www.digitalcitizenship.net/) It is a holistic and positive approach to helping children learn how to be safe and secure, as well as smart and effective participants in a digital world. (http://mcc.gse.harvard.edu/files/gse-mcc/files/social_media_resource_list_0_0.pdf) Key principles with elements of digital citizenship NETIQUETTE The word netiquette is a combination of ’net’ (from internet) and ’etiquette’. It means respecting other users’ views and displaying common courtesy when posting your views to online discussion groups. set of rules for behaving properly online ( The Core Rules of Netiquette by Virginia Shea ) 2 The Core Rules of Netiquette Rule 1: Remember the human Practice the Golden Rule: Do unto others as you would have others do unto you. Remember, your written words are read by real people, all deserving of respectful communication Rule 2: Adhere to the same standards of behavior online that you follow in real life You should do your best to act within the laws and ethical manners of society whenever you inhabit "cyberspace." Would you behave rudely to someone face-to-face? Rule 3: Know where you are in cyberspace Depending on where you are in the virtual world, the same written communication can be acceptable in one area, where it might be considered inappropriate in another. What you text to a friend may not be appropriate in an email to a classmate or colleague. Rule 4: Respect other people's time and bandwidth As a virtual world communicator, it is your responsibility to make sure that the time spent reading your words isn't wasted. Make your written communication meaningful and to the point, without extraneous text or superfluous graphics or attachments that may take forever to download. Rule 5: Make yourself look good online You will, however, be judged by the quality of your writing, so keep the following tips in mind: Always check for spelling and grammar errors Know what you're talking about and state it clearly Be pleasant and polite Rule 6: Share expert knowledge The Internet offers its users many benefits; one is the ease in which information can be shared or accessed and in fact, this "information sharing" capability is one of the reasons the Internet was founded. So in the spirit of the Internet's "founding fathers," share what you know! When you post a question and receive intelligent answers, share the results with others. Rule 7: Help keep flame wars under control While "flaming" is not necessarily forbidden in virtual communication, "flame wars," when two or three people exchange angry posts between one another, must be controlled or the camaraderie of the group could be compromised. Don't feed the flames; extinguish them by guiding the discussion back to a more productive direction. Rule 8: Respect other people's privacy Depending on what you are reading in the virtual world, be it an online class discussion forum, Facebook page, or an email, you may be exposed to some private or personal information that needs to be handled with care. Rule 9: Don't abuse your power Maybe it's you who possesses all of the knowledge and power! Just remember: knowing more than others do or having more power than others may have does not give you the right to take advantage of anyone. Rule 10: Be forgiving of other people's mistakes Practice kindness and forgiveness as you would hope someone would do if you had committed the same offense. If it's a minor "offense," you might want to let it slide. If you feel compelled to respond to a mistake, do so in a private email rather than a public forum. DIGITAL FOOTPRINT A digital footprint is a trail of data you create while using the Internet. It includes the websites you visit, emails you send, and information you submit to online services. A passive digital footprint is created when data is collected without the owner knowing, whereas active digital footprints are created when personal data is released deliberately by a user for the purpose of sharing information about oneself by means of websites or social media. (http://techterms.com/definition/digital_footprint) C. PLAGIARISM - the act of using another person's words or ideas without giving credit to that person http://www.merriam-webster.com/dictionary/plagiarism - The practice of taking someone else's work or ideas and passing them off as one's own. https://en.oxforddictionaries.com/definition/plagiarism Types of Plagiarism Anyone who has written or graded a paper knows that plagiarism is not always a black-and-white issue. The boundary between plagiarism and research is often unclear. Learning to recognize the various forms of plagiarism, especially the more ambiguous ones, is an important step in the fight to prevent it. Source: www.plagiarism.org/assets/downloads/types_of_plagiarism.doc 3 TYPES OF PLAGIARISM: SOURCES NOT CITED 1. “The Ghost Writer” The writer turns in another’s work, word-for-word, as his or her own. 2. “The Photocopy” The writer copies significant portions of text straight from a single source, without alteration. 3. “The Potluck Paper” The writer tries to disguise plagiarism by copying from several different sources, tweaking the sentences to make them fit together while retaining most of the original phrasing. 4. “The Poor Disguise” Although the writer has retained the essential content of the source, he or she has altered the paper’s appearance slightly by changing key words and phrases. 5. “The Labor of Laziness” The writer takes the time to paraphrase most of the paper from other sources and make it all fit together, instead of spending the same effort on original work. 6. “The Self-Stealer” The writer “borrows” generously from his or her previous work, violating policies concerning the expectation of originality adopted by most academic institutions. TYPES OF PLAGIARISM: SOURCES CITED (BUT STILL PLAGIARIZED) 1. “The Forgotten Footnote” The writer mentions an author’s name for a source, but neglects to include specific information on the location of the material referenced. This often masks other forms of plagiarism by obscuring source locations. 2. “The Misinformer” The writer provides inaccurate information regarding the sources, making it impossible to find them. 3. “The Too-Perfect Paraphrase” The writer properly cites a source, but neglects to put in quotation marks text that has been copied word-for-word, or close to it. Although attributing the basic ideas to the source, the writer is falsely claiming original presentation and interpretation of the information. 4. “The Resourceful Citer” The writer properly cites all sources, paraphrasing and using quotations appropriately. The catch? The paper contains almost no original work! It is sometimes difficult to spot this form of plagiarism because it looks like any other well-researched document. 5. “The Perfect Crime” The writer properly quotes and cites sources in some places, but goes on to paraphrase other arguments from those sources without citation. What about images, videos, and music? Without receiving proper permission or providing appropriate citation, the following are considered plagiarism: Copying media (especially images) from other websites to paste them into your own papers or websites. Making a video using footage from others’ videos or using copyrighted music as part of the soundtrack. Performing another person’s copyrighted music (i.e., playing a cover). Composing a piece of music that borrows heavily from another composition. CYBERBULLYING Bullying that takes place online, or using electronic technology such as cell phones, computers, and tablets over communication tools including social media sites, text messages, chat, and websites. Examples: text messages or emails composed to insult or demean; rumors or false statements spread by email or posted on social networking sites; and humiliating photos, videos, websites, or fake profiles deliberately shared across social media COMPUTER ADDICTION The excessive use of computers to the extent that it interferes with daily life. This excessive use may for example interfere with work or sleep, result in problems with social interaction, or affect mood, relationships, and thought processes. DIGITAL DIVIDE An economic inequality between groups in terms of access to, use of, or knowledge of ICT. The divide within countries (such as the digital divide in the United States) can refer to inequalities between individuals, households, businesses, and geographic areas at different socioeconomic (and other demographic) levels. The global digital divide designates countries as the units of analysis, and examines the divide between developing and developed countries on an international scale 4