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Are You a Copyright Criminal?
It's getting more tempting1 to infringe2 on copyright when creating presentations, thanks to many new scanning and duplicating technologies as well as proliferating3 Web content. But writers, designers, artists and copyright owners are becoming more aggressive, using new tactics and technologies to enforce their rights. If you don't know the rules, you could end up on the wrong side of a lawsuit4.
You've seen them at work. Sometimes brazen5, sometimes oblivious6, they break the law without giving it a second thought. Maybe, without even knowing it, you're one of them.
They're copyright claim-jumpers - presenters8 who slip "Dilbert" cartoons, photographs scanned from magazines, graphics9 downloaded from the Web, photocopies10 of trade-journal articles, audio files, video clips or CD music into their presentations or handouts11 with little or no understanding of how they're trampling12 on someone else's copyright.
Some do it knowingly, assuming their chances of getting nabbed are a small risk for the big payoff of easy access to high-quality prefabricated content. Others are unaware13 of how their seemingly benign14 reuse of pre-existing material - articles, pictures, music, songs, scripts or film clips - violates copyright law.
?Autumn Bell, a training specialist and frequent presenter7 for the University of New Mexico, says she witnessed her share of copyright abuses in a past life working for a telecommunications company. There, she worked with managers who ordered people to copy other companies' training materials to save money. She also saw plenty of lesser15 violations17, such as flagrant photocopying18 of manuals and books for mass distribution. In six years, Bell says, "Never once did I hear the word copyright spoken."
It can be easy for busy presenters to give copyright concerns short shrift; after all, there are deadlines to hit and rehearsals19 to do. And sometimes that article you read last week in Forbes Magazine or that photo you downloaded from the Web yesterday fits perfectly20 into the presentation you're giving - tomorrow. Copyright permission? Who has time? Some token attribution ought to do it, you figure. Surely the copyright owners will welcome the free advertising21, right? And what are the chances that they'll even find out?
The reality is: Whether the bulk of your presentations are in-house or to external audiences, your odds22 of being caught violating copyright are improving every day, as are your chances of paying a stiff fine. Statutory damages for infringing23 on copyright can hit $20,000 per violation16, and they can go as high as $100,000 in some circumstances of willful violation - and that's above and beyond the fine for actual damages. Furthermore, commercial copyright violation involving more than 10 copies and a value of more than $2,500 is now a felony in the United States.
? In one recent case, a corporation paid a seven-figure settlement for its unauthorized photocopying of articles from a trade journal and archiving those copies for internal distribution. With similar violations occurring almost daily in corporate24 America, and with an increase in piracy25 on the World Wide Web, licensing26 organizations, performing-rights societies and other copyright cops have stepped up activity to enforce their rights.
?The Training Media Association, a watchdog for training-video vendors27, offers a $10,000 bounty28 for reporting illegal copying or unauthorized "public performance" of off-the-shelf training videos. A temporary-employment agency recently paid a six-figure out-of-court fee after one of its employees reported it to the TMA for making illegal copies of four videos (the agency had no license29 to do so) and sending the copies out for use in its 50 offices.
?United Media the distributor of "Dilbert" cartoons, has been asking people to take illegally imported "Dilbert" cartoons off their Web and intranet sites. ASCAP and BMI, two organizations that license the right to play copyrighted music in public settings (including most business-presentation scenarios) have reportedly added large conference centers and hotels to the list of sites they patrol to ensure that those using even small selections of pre-recorded music in presentations are properly licensed30 to do so.
?Is all this talk of copyright abuse overblown? Is the perceived need to protect yourself from prosecution31 just another anal-retentive legal formality? And aren't the most flagrant abusers a small segment of the presentation community? You'd be surprised at the answers.
Although many cases of abuse undoubtedly32 are small or accidental - busy presenters who in good faith give full attribution but don't seek permission; others who are unaware of public performance rights or who stretch the fair-use doctrine33 to its limits - interviews and research conducted for this article indicate a serious lack of knowledge about copyright law among frequent presenters. A two-month review of comments posted to listservs frequented by presenters and trainers, for instance, suggests that many people routinely violate copyright law, and that there is a general lack of understanding about what constitutes legal use.
Indeed, a 1993 survey by the Training Media Association found that more than 30 percent of videos in survey respondents' corporate libraries were illegal copies, and more than 75 percent of printed training materials in those same libraries were illegally copied. (Survey responses were anonymous34.) And TMA director Bob Gehrke says the problem may have worsened in the six years since the study. A typical copyright violator, Gehrke believes, is someone "who thinks he can be a hero by saving his company some money, especially if faced with a tight budget."
1 tempting | |
a.诱人的, 吸引人的 | |
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2 infringe | |
v.违反,触犯,侵害 | |
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3 proliferating | |
激增( proliferate的现在分词 ); (迅速)繁殖; 增生; 扩散 | |
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4 lawsuit | |
n.诉讼,控诉 | |
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5 brazen | |
adj.厚脸皮的,无耻的,坚硬的 | |
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6 oblivious | |
adj.易忘的,遗忘的,忘却的,健忘的 | |
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7 presenter | |
n.(电视、广播的)主持人,赠与者 | |
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8 presenters | |
n.节目主持人,演播员( presenter的名词复数 ) | |
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9 graphics | |
n.制图法,制图学;图形显示 | |
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10 photocopies | |
n.影印本( photocopy的名词复数 );复印件 | |
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11 handouts | |
救济品( handout的名词复数 ); 施舍物; 印刷品; 讲义 | |
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12 trampling | |
踩( trample的现在分词 ); 践踏; 无视; 侵犯 | |
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13 unaware | |
a.不知道的,未意识到的 | |
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14 benign | |
adj.善良的,慈祥的;良性的,无危险的 | |
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15 lesser | |
adj.次要的,较小的;adv.较小地,较少地 | |
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16 violation | |
n.违反(行为),违背(行为),侵犯 | |
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17 violations | |
违反( violation的名词复数 ); 冒犯; 违反(行为、事例); 强奸 | |
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18 photocopying | |
v.影印,照相复制(photocopy的现在分词形式) | |
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19 rehearsals | |
n.练习( rehearsal的名词复数 );排练;复述;重复 | |
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20 perfectly | |
adv.完美地,无可非议地,彻底地 | |
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21 advertising | |
n.广告业;广告活动 a.广告的;广告业务的 | |
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22 odds | |
n.让步,机率,可能性,比率;胜败优劣之别 | |
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23 infringing | |
v.违反(规章等)( infringe的现在分词 );侵犯(某人的权利);侵害(某人的自由、权益等) | |
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24 corporate | |
adj.共同的,全体的;公司的,企业的 | |
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25 piracy | |
n.海盗行为,剽窃,著作权侵害 | |
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26 licensing | |
v.批准,许可,颁发执照( license的现在分词 ) | |
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27 vendors | |
n.摊贩( vendor的名词复数 );小贩;(房屋等的)卖主;卖方 | |
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28 bounty | |
n.慷慨的赠予物,奖金;慷慨,大方;施与 | |
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29 license | |
n.执照,许可证,特许;v.许可,特许 | |
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30 licensed | |
adj.得到许可的v.许可,颁发执照(license的过去式和过去分词) | |
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31 prosecution | |
n.起诉,告发,检举,执行,经营 | |
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32 undoubtedly | |
adv.确实地,无疑地 | |
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33 doctrine | |
n.教义;主义;学说 | |
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34 anonymous | |
adj.无名的;匿名的;无特色的 | |
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