Category Archives: IP/ Fair Use

Intellectual Property and Fair Use, whats the misunderstanding?

cmap redo

Within this concept map, there are two topics discussed. These two are “Intellectual Property and Fair Use.” Intellectual property is a work or invention that is a result of creativity such as a manuscript or a design to which one has the rights for and which one can apply for a patent, copyright, or trademark(Leary & Parker Vol. 55.) Fair use, is defined as any copying of copyrighted material done for a limited and transformative structure. This can be done without permission from the owner. These two go hand in hand because there seems to be a misunderstanding about how to go about using ”fair use,” and apparently it’s pretty hard to actually abide by these ”fair use” rules. Many people such as filmmakers never get their films made because of ”fair use.” They’re are major issues dealing with copyright, but in order to not worry about running in to these issues (infringement) there are actions you can take to avoid this (get permission, used licensed works.

I found a website that was for students and teachers to get an understanding of fair use and intellectual property. It’s actually a way you can question yourself:

• Fair Use, the Fair Use Test. Fair use is a principle in Copyright Law that provides us with
a limited ability to use copyrighted material without getting permission for limited purposes:
personal use, non-profit uses, education, criticism or commentary, news reporting and
parody. There are no hard rules to determine if an intended use is a Fair Use, but there are
‘test criteria’ to help in making the decision:
1. What is the purpose and character of the intended use?
2. What is the nature of the copyrighted work?
3. How much of the work will be used? And how important is that part?
4. How would widespread use of this work impact its market value?

This is where i found the ”quiz”

The Value of Fair Use

With the media and internet growing everyday, the accessibility of copyrighting grows as well. Even if something is only generally in the range of fair use, most people will not get the right to view it, let alone copy it. Legal protections have strengthened over the years with the development of the fair use laws. Considering this, the internet has directly been affected with the loss of many digital works. The author of this article, George H. Pike, states that the fair use laws will more than likely be nonexistent sooner than most expect. A report of fair use in 2006  showed that 2.2 trillion dollars were contributed to the United States economy from copyrighted materials. A number of industries these days rely on the fair use doctrine to bring in their revenue.

Such a vast majority of things fall under the fair use doctrine these days, especially music . It takes just minutes for someone to download, rip, and burn music from one software to another so they will not have to pay for the actual song.  Although there is fair use issues in every form, academic copyright is the biggest issue. Cornell University has developed guidelines for the fair use doctrine, and everything used must meet the criteria of this checklist.  With this century known as the digital age, fair use continues to be a big challenge. In the most recent years there have been proposals put before Congress to strengthen the fair use laws which will in turn make things even harder to copyright.

Fair Use, Film, and the Advantages of Internet Distribution

In the film world, ensuring the enforcement of the fair use doctrine is literally impossible. Media gatekeepers work hard to assure that each piece of material does not get copyrighted. One way media gatekeepers go beyond what the fair use laws generally insist is by copyrighting components of movies. Movie lovers suffer from this because a third of movies made and even written are shut down due to copyrighted information.

Luckily for filmmakers, the use of the internet has given new life to short films and film making. With both Youtube and Yahoo video, filmmakers are able to not worry as much about copyright laws and media gatekeepers, while still being able to reach a large audience. Although copyright owners can still sue a filmmaker for infringement on the internet, the filmmakers have a lot more freedom because the guidelines are not as strict. The author of this article, Fred von Lohmann, states that “thanks to the Internet and the special copyright rules that apply to it, audiences may for the first time begin seeing all the films that fair use permits, rather than just those films that traditional gatekeepers are willing to show.”  This just shows how much the internet has made a difference in our lives.

Fair-Use Help For Internet On Its Way

With so many students in schools using the internet these days to do their schoolwork, teachers and administrators are finding it very difficult to make sure these students do not copyright information. In this generation, students all over the world are using the internet, not only for personal use, but for school as well. When writing papers or doing projects, students are required to cite their sources. However, students lack initiative to cite properly or fail to do so at all. Considering this,  they have created “The Code of Best Practices in Fair Use for Media Literacy Education,” that restricts websites that are not permitted by law  for classroom use. Kathleen Kennedy Manzo states that, “As more and more teachers and students seek to tap into technology-based information, share that information by downloading or sharing content, or mix it in podcasts and other user-created content, there is an increasing need for accurate information about the fair use of outside materials.” Hopefully with the new limitations put on school computers, students will be more accustomed the Internet’s fair use laws.

This Note’s for You Or is it? Copyright, Music, and the Internet- Summary

The use of fair use always seems to be in question. Where is the line drawn when it comes to the internet? In recent years there has been an abundance of copyright and fair use lawsuits on material from the internet. As monetary gains is usually the driving force for such lawsuits, how often are fair use advocates winning their cases.  Lisa Macklem’s article on fair use and copyrights on the internet shows how there is an increasing effort enforce copyright and fair use laws on internet obtained material. The article does not only focus on the internet, but discusses the same implications on music and the music industry. If you are worried about fair use and copyright laws check out Macklem’s article and make sure you are not breaking the law.

The Digital Divide Across All Citizens of the World: A New Concept-Summary

Ahh the Great Digital Divide! Have we ever been more separated by technology as a human race than at any point in our history? I would believe the last great technological advancement that separated us as much as internet access was probably when guns were first introduced in combat. One side had a great advantage, while the other fell to their enemies technological achievements. So what is the digital divide and what does it mean for you?  Jeffery James’s article ”The Digital Divide Across All Citizens of the World” explains how internet access and lack thereof divides world for the worse. He explains how lack of internet access effects the growth of poorer countries. With real world examples James is able show how those countries without internet access are substantially farther behind than their richer counter parts. Additionally, the author explores various ways to provide internet access and capabilities to less fortunate countries so we can shorten the gap between richer and poorer countries. As the world progresses through technologies it is indicative for all countries to have access to the internet. Check out Jeffery Jame’s article on the digital divide to learn more.

How to Protect Your Intellectual Property in the Cloud

How to Protect Your Intellectual Property in the Cloud by Stephanie Overby

The main focus of this article is how to protect user intellectual property online. Cloud users and businesses do not always recognize how much their intellectual property is at risk on the cloud. For businesses, this sometimes requires, at a great expense, moving formulas and files back to in-house data storage. Being online, there is always a risk when intellectual property and sensitive data is released in the cloud, and that risk increases when a third party is involved or when internet based services are brought into the equation. Threats from these two problems make it more difficult to know and follow where data is and who is accessing it. Data on the cloud can bounce from country to country where intellectual property laws are not necessarily consistent. The article then outlines nine steps to follow to protect user intellectual property. The nine steps are as follows:

1)      Pick the right internet provider.

2)      Select the right service.

3)      Read the fine print. Add some fine print of your own.

4)      Expect to pay more.

5)      Consider IP creation.

6)      Secure it yourself.

7)      Prevent a lockout.

8)      Revisit controls on a regular basis.

9)      Be prepared to walk.

The ninth step infers the option that cloud based services may not be appropriate for every user or every business.


I chose this article because it gave possible threats and steps to protecting intellectual identity on the cloud. Though Stephanie Overby is a writer, she covers topics in IT Outsourcing for CIO, a technology professional journal.

Cloud Security: Will Your Business Data Be Safe In the Cloud?

Cloud Security: Will Your Business Data Be Safe In the Cloud? By Todd Weiss

This article’s main focus is to reveal how businesses can protect their intellectual property in the cloud. In today’s world, it is almost impossible not to have information online, but businesses such as medical centers, insurance agencies, and financial companies struggle to keep sensitive data private. These poses a large problem for data security, as hackers can gain access to personal information, then turn around and ‘sell’ that information. The article suggests that setting clear policies on access to both user and location is quite possibly the best move that a company can take to protect their information as well as their clients’ information. Although the author and a tech consultant of an IT consultancy, Ara Trembly says, “that inherit risk is not something I advise clients to take if they are in a business that is data dependent.” The article lists a few questions for a company to consider before establishing user access and placing data online.

I chose this article because it gave a perspective of how intellectual property through businesses can be a greater risk without users necessarily knowing. Though Todd Weiss is a writer, he covers topics such as Cloud computing, CRM, and Enterprise applications for CIO, a technology professional journal.


Tech Industry Leaders Appeal for Laxer Intellectual Property Laws

Tech Industry Leaders Appeal for Laxer Intellectual Property Laws by Kenneth Corbin

An appeal to the House of Representatives lawmakers from tech industry executives to relax intellectual property laws for the benefit of companies is the main focus of this article. The main problem proposed by these executives is patent rules and restrictions on the innovation of technology. These executives requested to rewrite Intellectual Property laws, such that the rate of innovation can be increased while also taking into account antipiracy struggles. Companies hacking competitors can find files and blue prints and other forms of intellectual property, while patents are becoming a thing of the past. According to Nathan Seidle, CEO of SparkFun Electronics, comments “Innovation moves faster than the shield of intellectual property…time is better spent innovating.”


I chose this article because it gave a different perspective to intellectual property as being technology innovations and corporations. Though Kenneth Corbin is a journalist, he often reports on government and regulatory issues for CIO, a technology professional journal.