Introduction
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Poet and essayist T.S. Eliot theorized that all writers right under an anxiety of influence. This is a more polite way to say that all writers are thieves. Work is built upon past works. Original content is only that if it has acquired a voice of its own. Authenticity of voice amounts to diction and how a personal style develops after time invested in the act of putting words together.
The work created becomes the intellectual property of the individual who labored to produce it. In time the author builds upon the work and produces derivative works. Other authors may build on the work as well and produce derivative works based in the first material.
Copyright is the means of protecting the work from its use by others without attribution. This is plagiarism and theft of ideas. It is not only unethical but also potentially an infringement succeptable to litigation and substantial fines.
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This guide will introduce the ideology behind intellectual property, fair use doctrine, personal rights violations and privacy. It will provide an elementary overview of moral rights theory and the importance of giving authors and creators attribution for their works. Plagiarism is using a work or portions of another person's work without giving them credit. There is a moral obligation to crediting the work of another. This guide and activities will broaden your perspective of the importance of maintaining the integrity of another's work and how it improves the integrity of your own.
The importance of crediting an author's work has much to do with finding your own authentic voice. As students and scholars you are adding to the conversation of ideas. The mark you leave is one you want to build with integrity. This study guide is designed to provide a more complete knowledge of why compliance with copyright law is more than a matter of just the financial compensation for using a work and preserving the commercial value of the work. It is designed to also provoke thought about the Personhood created by your chosen vocation and the moral obligation in recognizing skills that comes through discipline and labor.
Hopefully you will find the questions it raises important enough for further thought and consideration. The First Amendment right to free speech is an inalienable right. The question asked in the worksheet is how much control we should have of the ideas that we submit before our fellow citizens.
https://www.youtube.com/watchv=rUIFX6aBlaA
Task
Read Study Guide and View Materials
Consider the idea of Intellectual Property and why Moral Rights Theory considers it equal to the same protection as any other kind of property.
- Take research notes on the reading and formulate a hypothesis
- Form a hypothesis on the subject above
- Write a response to the material that supports the hypothesis
- Using media, pdf files, articles, etc. create a Webquest in the form of a research paper
Process
Standing on the Shoulders of Giants
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Creating this study guide required a starting point. The initial part of the writing process is the messy act of throwing words at the page to see which ones will stick. It's good to have a most fundamental idea to start the process. Mine came from researching the literary tradition and it's emphasis on finding one's Voice. No two people put words together in the same way. From a traditional blues song to the most complex literary work, style produced by much labor deserves recognition. This basic concept is behind any standard of good writing. The final equation at the end of the day is simply about doing the work.
Starting with the literary tradition you find artists and critics throughout history becoming more and more conscious of style. Freedom of speech as an ideal rests on the belief in self-governing. Self-governing behavior reached always for an elevated place. This implies that humans have an innate need for integrity.
There are unprotected speech areas. They consist of obscenity, words to incite riots, false speech and libel, commercial speech and "cure" speech. The First Amendment restricts the power of Congress to control and limit free speech. Copyright law limits free speech because it limits a person's ability to use a previous expression. As the courts attempt to interpret the complexity of these issues artists and those interested in nothing but financial profit multiply daily the means by which derivations of previous expressions can be created and marketed.
It is good to know tradition. T.S. Eliot as literary critic and cultural historian marked the connection between tradition and the individual talent. The subconscious mind steals what the conscious mind often takes credit for. When the moment arrives of this realization it is humbling and slightly shameful feeling but no author has ever created work in a vacuum alone.
Attribution is always the best policy. Teachers have room for forgiveness under fair use doctrine but remain watchful to set the best example for their students. The example is to credit sources. To prepare works responsibly and have an ever present awareness of policies and potential infringement on another's work.
Evaluation
Copyright Mayhem
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https://www.youtube.com/watch?v=NAKa0AJHh
https://www.youtube.com/watch?v=HQtTvnbhxmk
https://www.youtube.com/watch?=33sl-S1A9og
https://www.plagiarism.org/article/what-is-plagiarism
Moral Rights Theory and Kant's Categorical Imperative as a Principle of Humanity
Immanuel Kant's Categorical Imperative acts as a moral imperative as Universal Law Formula. It is an enforcement of a self-governing autonomy for individuals. It implies trust that to act toward the beneficial is an act towards one's own benefit. The Categorical Imperative requires that an individual acts in a way that they would expect another to act. By taking this action of the maximum good in any situation one trusts that others possess the same innate need to act in a way that assures the end will be self-beneficial.
As a Principle of Humanity this means to act for the end and not the means. Using others as a means negates the end which is beneficial to all. Thinking of this as a basis of respecting the Intellectual Property was the means by which the material that comprises this guide was evaluated and presented for consideration.
This is a consideration of one's basic rights of Personhood, The moral stance is that a person's dignity is given more integrity by the right to choose. The right to make free choices implies trust that the Universal Good will benefit from free will. This is how I evaluated moral rights theory and how I prepared this study guide as an introduction to the concepts that support the need for copyright laws.
Conclusion
An Anxiety of Influence
https://www.chronicle.com/article/Dead-Poets-Society/64989
There are no original ideas.
The World of Ideas is a place much like Plato's World of Forms. It is a nebulous unquantifiable space where intellectual thought takes place. Writing a paper, deciding on the topic, doing the research and then putting that first sentence on the page is work. The thought that takes place before the writing begins is work as well. This kind of work though not readily visible deserves to be called work and compensated like any other labor. The thing produced from this mental labor has been come to be called Intellectual Property.
The First Amendment of The United States Constitution was designed to promote a world of ideas where every person has the inalienable right to contribute. The words you read now are familiar as far as style and an attempt at an academic tone but no other individual could assemble them in an identical way. No two persons understand a single word in the same way. We agree for the sake of discourse on the denotation of words yet chosing a word has much more to do with the personal meaning that word connotes in our experience of using language to capture the ideas we wish to convey.
Freedom of speech hinges on the trust that individuals act in their best interests when they act for the benefit of the social group. If you as a student take away anything from this study guide the most beneficial factor in this conversation is realizing you have a right to contribute your voice to history's conversation.
This guide began with the aim to instill in students the importance of adding their voice to the conversation. If you do good work and build with honest integrity what is owed your labor will be compensated. Financial compensation may be the reward or the respect of your peers who also work to contribute their voice to the conversation. Mutual respect and the fabric that girds the open discourse of ideas is built upon honest work. Imitation, theft or plagiarism will undermine the integrity of your work. The loss of respect from your peers is not as destructive to one's person as loss of respect for oneself.
This is the anxiety that comes with being scholars. The anxiety that one is repeating what has come before and someone is watching. It can be a crippling anxiety or it can be a freeing one. The freedom comes in realizing as a scholar and producer of ideas we are only products of what has come before. The work is what matters. The work, in any medium, will build a chair that only you could have built. A table. An entire house. As our own ideas add to the world ideas we find it is not so much what we say but how we say it.
https://thesis.cz/id/nxrwjl/The_Times_and_Influence_of_Samuel_Johnson-Martina_Tesaraov.pdf
Compensation for that is at the heart of copyright, fair use and intellectual property rights. It is at the heart of how we should proceed creating derivative works that can stand as original work of our own doing. The words will never be put on the page the same by two individuals. Diction and idiolect are attributes of experience. Style is expression of everything we have held on to moving through the world. Style and voice are what matter most in any endeavor or profession. Honoring the voice of others is the only course of action for others to honor our own.
Credits
Credits
"Bob Dylan Nobel Prize Win" Youtube
'"Bob Dylan and Plagiarism" YouTube
"The Anxiety of Influence," Harold Bloom
"Noam Chomsky on Intellectual Property" YouTube
"Kantian Ethics"
"Noam Chomsky on Property Rights" YouTube
"Robert Frost and Derivative Works" Pinterest
"I Am a Thousand Men" C.S. Lewis, Pinterest
"I Am Responsible" Emerson Quote. Pinterest
"Intellectual Property" Youtube
Teacher Page
Reflections on Creation of the Study Guide
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The importance of recognize copyright law and knowing when one has made a copyright law infringement is of primary importance to educators. As teachers, we model ethical behavior in the way we chose our content material.
As information moves from libraries and the books they contain to media the role of the archive is rapidly changing.
YouTube is an example of a media archive that preserves the knowledge of cultural history. Remixing and "mashing" this history in the visual medium has an enticement for students books no longer hold.
Moral Rights is taken from the French phrase droit moral and applied to International Copyright Law the right to prevent damaging distortions of their work.
Derivative works as teaching tools have only the limitation of operating under allowances made under fair use doctrine. To avoid legal trouble and wasting the money of taxpayers in litigation teachers are required to remain vigilant to the stipulations of the doctrine and respect copyright and the property they protect.
There is another responsibility in this and that is taking an active stance in the observation of policy decisions that determine what materials teachers can use and what materials are out of reach. As books fall into the shadow of social media it is important to remember artists create these works and not the business's that profit. The interest of the author should always be kept under consideration. Depriving the author of the ability to make a living is pruning the tree to the point of it no longer bearing fruit.
Derivative works like this one are only possible by exploiting an original work. If enough of the creator's personal voice is evident in the work then it has the right to fall under copyright as an original work that stand alone.
It is the integrity of education as an institution of knowledge that falls under scrutiny in the face of these concepts. Traditional classrooms and blended teaching environments all incorporate media. Presenting students content is more exciting than ever. The stimulus of media materials and new technologies has the potential to enliven learning environments like never in history. The means for students to add to the conversation of ideas is now more diverse than ever in history. Sound pedagogy remains in how students apply the knowledge they are presented. How it is presented is integral to the work they in turn produce. Policy and technology should not drive a teacher's educational methods. Rather, the interest of the student must always be first. Classrooms are there to educate first. The time and effort to make this the most accessible means possible is secondary to one brief moment of clarity when a new idea emerge
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