Chapter 8 : Ethics And Fair Use☀️

Question 1

Common knowledge

Answer 1

Something that is known by most people.

Question 2

Copyright

Answer 2

The exclusive legal right, held for a certain number of years, to reproduce and control (print, publish, film, perform, record, broadcast, sell) an original literary, musical, artistic
or other similar original work, or part of it.

Question 3

Copyright infringement

Answer 3

The illegal use of someone else’s work that is protected by copyright. Using copyrighted work without obtaining permission from the copyright holder.

Question 4

Cyber ethics

Answer 4

Codes or laws of responsible (ethical) behaviour on the internet.

Question 5

Ethics

Answer 5

Moral principles that gover or influence a person’s behaviour; a code of behaviour of a particular group, or profession, or individual. Ethics is a branch of philosophy that deals with human conduct and character. It is the study of morality and how to distinguish right from wrong.

Question 6

Fair dealing

Answer 6

The fair’ right, granted by copyright laws, to reproduce certain portions of copyrighted works without infringing on these rights.

Question 7

Fair use

Answer 7

The American term for Fair dealing.

Question 8

Information ethics

Answer 8

Looks at moral values in the information field - the way in which information is used. Information ethics includes a wide variety of issues covering printed and digital texts, graphics, voice and video. It deals with a comprehensive range of ethical questions in diverse disciplines and fields, such as computer science, biological and medical sciences, library and information science, the mass media and business.

Question 9

Intellectual property rights

Answer 9

The term used for intangible (immaterial) property rights which are the results of intellectual effort, for example, patents, trademarks, designs and copyright. It is, in other
words the ownership of ideas.

Question 10

Law

Answer 10

Enforceable rules or guidelines that regulate behavior in society.

Question 11

Paraphrasing

Answer 11

To put something that has been written into other or different words. Paraphrasing is an important part of the research and writing process. Paraphrasing takes place when you rewrite the original passage contained in a document in your own words so that almost
nothing of the original language remains in the new paragraph. However, you need to be careful. If you are just replacing some of the original words in a few phrases, or merely rearranging the
sentences, you are not paraphrasing.

Question 12

Patent

Answer 12

An official document that grants the inventor or the company the sole right to make, use or sell the invention for a limited period of time and prevents others from copying it.

Question 13

Plagiarism

Answer 13

To plagiarise means to steal ideas from another author or from the author’s work. When you plagiarise, you take someone else’s ideas or work and use them as if they are
your own.

Question 14

Trademark

Answer 14

A design, name or symbol used by a company or a manufacturer to distinguish its products from those of its competitors. A registered trademark is a trademark that is officially registered and legally protected.

Question 15

There are a number of concepts regarding rights in information ethics that you need to know about and understand

Answer 15

the right to privacy
the right of access to information
the right of information production
the right to intellectual property.

Question 16

Law

Answer 16

Enforceable rules or guidelines that regulate behavior in society.

Question 17

Information privacy or data privacy refers to issues such as:

Answer 17

1. the right of access to private information or data.
2. freedom from inappropriate use of private information/data.
3. the accuracy and completeness when collecting information or data about a person or persons (and corporations) by means of technology.
4. the legal right to ownership of this information/data and the right to inspect, update or correct this information or data.

Question 18

The Berne Convention

Answer 18

The Berne Convention for the Protection of Literary and Artistic Works, commonly known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886. It deals with the protection of works and the rights of their authors. It provides creators such as authors, musicians, poets, painters, etc. with the means to control how their works are used, by whom, and on what terms.

Question 19

The Universal Copyright Convention (UCC)

Answer 19

The Universal Copyright Convention (UCC) was adopted in 1952 under the guidance of UNESCO with a view to extend international copyright protection universally. The UCC is an international copyright agreement that permitted those states which had a system of protection of copyright at the time of signature to retain them.

Question 20

WTO TRIPS Agreement

Answer 20

The World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which became effectice on 1 Januar 1995. introduced intellectual property
rules into the multilateral trading system for the first time. The aim of the agreement is to “reduce distortions and impediments to international trade, and taking into account the need to promote
effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade “ It is to date the most comprehensive multilateral agreement on intellectual property.

Question 21

Exclusive rights

Answer 21

Exclusive rights regulate the reproduction or commercial misuse of an intellectual product or item. Exclusive rights mean that only the holder of the rights can use these rights. The owners of an
intellectual product usually have a bundle of exclusive rights regarding the subject matter of their intellectual property, which they can transfer or license. These rights may be enforced by a court of law. Divided into 2 categories : patents and trademarks (R), copyright (C)

Question 22

The use of trademark material

Answer 22

The trademark symbol for unregistered trademarks is designated by the letters TM written in superscript style. In practice it looks like this: Product™
When a trademark is registered with a specific trademark office, you will see an ‘R’ in superscript surrounded by a circle. It looks like this: Product@

Question 23

Corporate logos

Answer 23

Corporate logos are also important trademarks and are associated with the quality and value of the company’s products. There are some corporate logos, for example those of Google, Coca Cola, Visa and many others, that are known throughout the world. You are not allowed to use or copy any logos, symbols or icons, either in print or non-print format, without the permission of the owner of the trademark. You should make sure that you follow the quidelines for the use of trademarks. You can find the guidelines on the relevant web pages of individual companies and their products.

Question 24

Domain names

Answer 24

The management of domain names on the web (URLs) is closely related to trademark protection. Domain names serve to identify internet resources (businesses, organisations or other entities) with a text-based label that is easy to memorise. Domain names are used to establish a unique identity. The domain is the critical access point for brands to market and sell their goods or services all over the world
A domain name is a legally protected trademark if it is distinctive and used commercially in relation to goods and services.

Question 25

Elements of copyright

Answer 25

1. The right in the first instance accrues to the author or creator.
2. The work in which copyright vests must be original.
3. The work must be in material form.

Question 26

Rights of copyright holders

Answer 26

Copyright refers to the right of the copyright owner to control and authorise the reproduction of the copyrighted work. In most cases, the copyright owner is the creator of the work. Copyright owners also
have the right to distribute the work, adapt it, perform and display the work publicly, and sell or assign the copyright to others.

Question 27

The main copyright issues in the electronic environment are:

Answer 27

software copyright
digital rights management
copyright and the internet

Question 28

What is software copyright?

Answer 28

Software is valuable intellectual property. Software is the term usually used to describe a set of programs, procedures, rules and all associated documentation pertaining to the operation of a computerised system.
Copyright is the most common method used to protect software. A programmer automatically owns the copyright of any programme they write and there is no procedure to follow or fee to pay. However, it
is advisable to certify the date of creation and name of the creator. It is therefore illegal to use or create unauthorised copies of software. This means that you may only have software on your computer
for which you have a relevant licence or authorisation. You may not copy any software for or from anyone else. A computer user or even a computer manufacturer who copies and installs software on more than one computer if the licence agreement does not permit this, is committing ‘software piracy”.

Question 29

Digital rights management (DRM)

Answer 29

Digital rights management (DRM) is a systematic approach to copyright protection for digital media. In the same way that copyright provides the copyright holder with the right to control who makes copies of the copyrighted work and how these copies are made and distributed, DRM technologies aim to control what can or cannot be done with the media and hardware that you have purchased.

Question 30

Digital rights management protects intellectual property by :

Answer 30

encrypting data so that it can be accessed by authorised users only.

marking the content with a digital watermark or similar methods so that the content cannot be freely distributed.

Question 31

Encryption

Answer 31

Encryption is the translation of data into a secret code. To read an encrypted file, you must have access to a secret key or password that enables you to decrypt it.

Question 32

Watermark

Answer 32

A watermark can be a word, phrase or picture that appears behind’ the text in a document. A digital watermark embeds digital code into photos and other media that enables tracking and identification of the media. The purpose of a watermark is to identify the work and discourage its unauthorised use.

Question 33

Free access to information

Answer 33

Copy left
Creative Commons
Open-source software
Open Access 
Open Data
Open Repositories

Question 34

1. Copyleft

Answer 34

Copyleft is a method for making a computer program, its modifications and its versions free for others to use. Some types of open-source software licences are based on these ideas

Question 35

2. Creative Commons (CC)

Answer 35

Creative Commons is another example of an organisation that does not support all the conditions of copyright. Creative Commons is based on the idea that there could be copyright holders who may not want to exercise all the copyrights available to them by law. The Creative Commons copyright licences and
tools therefore create a balance inside the traditional ‘all rights reserved’ setting that copyright law creates. Creative Commons tools give everyone, from individuals to large companies, a simple standardised way to grant copyright permission to their creative work. Creative Commons also provides authors and copyright owners the option of waiving their rights and placing their work completely in the public domain.

Question 36

—Attribution (CC BY)

Answer 36

This licence lets others distribute, remix, tweak and build upon your work, even commercially, as long as they credit you as the owner of the original creation.

Question 37

—Attribution-ShareAlike (CC BY-SA)

Answer 37

This licence lets others remix, tweak and build upon your work even for commercial purposes, as long as they credit you and licence their new creations under the identical
terms. This licence is often compared to ‘copyleft’ free and open-source software licences. This is the licence used by Wikipedia.

Question 38

—Attribution-NoDerivs (CC BY-ND)

Answer 38

This licence allows for redistribution, commercial and non-commercial use, as long as it is passed along unchanged and in whole form, with credit going to you.

Question 39

—Attribution-NonCommercial (CC BY-NC)

Answer 39

This licence lets others remix, tweak and build upon your work non-commercially. Their new works must also acknowledge you and be non-commercial, but they don’t have to licence their derivative works on the same terms.

Question 40

—Attribution-NonCommercial-ShareAlike(CCBY-NC-SA)

Answer 40

This licence lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and licence their new creations under the identical terms.

Question 41

3. Open-source software

Answer 41

*Open source refers to something people can modify and share because its design is publicly accessible. In effect, it means making source code (program instructions) free of charge and available to anyone who wants to use or work with it. An open-source licence allows users to use, change and improve the software’s source code and to redistribute the software either before or after it has been
modified. One of the conditions of modifying (making changes to) the source code is that you have to provide information to other developers about what has been changed, and now it has been
changed.

Question 42

4. Open Access

Answer 42

Many scholars are of the opinion that it is not enough just to remove price barriers or limit the use of scholarly articles or books according to ‘fair use’ or fair dealing’ principles. Open access provides unrestricted access to peer-reviewed scholarly research via the internet. Such literature is digital, online, free of charge and free of most copyright and licencing restrictions. The biggest advantage of open access is that it enables the results of scholarly research to be disseminated more widely and speedily. The open-access movement is having a significant impact on researchers, authors, libraries and publishers across the world, including those in developing countries

Question 43

5. Open Data

Answer 43

One of the more recent ‘open’ movements is the call for Open Data. The world has grown increasingly data driven. Data is, in essence, the factual information that is necessary to replicate and verify research results. Open Data basically means access to research data that are freely available on the internet it permits any user to download, copy, analyse, re-process, pass to software or use for any other purpose and is without financial, legal, or technical barriers. Open Data typically applies to a range of non-textual materials, which include datasets, statistics, transcripts, survey results, and the metadata associated with these objects.

Question 44

6. Open-access and open-data repositories

Answer 44

One of the main objectives of the open-access movement is to enhance scientific communication by improving access to research data and thus increasing the impact of research results through self-archiving. Self-archiving is the action of depositing material in a repository. An open-access repository or open archive is a digital platform that contains research output and provides free and immediate access to research results for anyone to use, download and distribute. In other words, open-access repositories take the results of research that has already been paid for and makes it freely available online. Repositories can be linked to an institution or department, or to a research field or subject.

Question 45

When can I make copies ?

Answer 45

You can make copies of a section from any book, journal or other source for the purposes of research or private study or private use only. No one may make a copy on your behalf (except a librarian).

You can also only make a copy on the condition that you do not make the copy available to anyone else.

You can make one copy when it is for your own use only.

Question 46

How much can I copy ?

Answer 46

The basic recommendation for fair dealing and fair use is that you may not copy more than ten per cent of a copyrighted work. This is applicable in the paper as well as the electronic environment and includes text as well as audio, visual or other types of copyrighted material.

Question 47

How to paraphrase

Answer 47

Make sure you understand the meaning of the original text or section of work you are planning to use.

Make a note of some of the key ideas.

Then write you own version of the text.

Reread the original paragraph or sentence and compare it with your own new one, and check that the original meaning has not changed,
check that you have not rewritten any of the original sentences or words directly.

Cite the source that you used.

Question 48

To avoid committing plagiarism when using word-for-word quotations, you need to make sure that:

Answer 48

the quotation is not too long
the passage or phrase is copied exactly as it was written originally.
passages, phrases and words are placed in quotation marks.
the source is cited.