|
|
|
|
|
||
Dear Ms. Copycat,
I’m a student at the University. That means I can download music for free because I’m doing it at an educational institution, right?
Rockin’ On Over ResNet
Dear Rockin’,
Sadly, that’s not true. You’re confusing educational uses of copyrighted materials with downloading music. Even if you’re downloading one song to demonstrate that new and, might I add, brilliant theory of yours about the evolution of jazz, you need to ask permission of the copyright holder to do so, and the copyright holder may or may not agree with your characterization of that use as “fair use." Downloading music for your own listening pleasure most certainly does not qualify as fair use, no matter where you do it. But there are wonderful resources in the community and online for getting your music the legal way (by purchasing it) and Ms. Copycat encourages you to investigate those resources fully.
Ms. Copycat wishes you years of listening to music, but only if you buy it, and only if you keep the volume down on your headphones like your mother told you.
Dear Ms. Copycat,
I love downloading songs, and do it all the time. Even though it slows down my speed a bit, I’ve unchecked that “share” box in the preferences section of my File Sharing application. Now no one can download music from my computer. I’m so glad that makes everything legal.
Sharon Tunze
Dear Ms. Tunze,
Although you have done the right thing by not sharing the songs you have on your computer, even downloading songs violates copyright law. Although the recording industry currently sends notifications primarily for distributing copyrighted materials, downloading even one song without paying for it is still illegal, and can result in legal action against you by the industry.
Ms. Copycat does hope you were at least studying while waiting for that music to download so slowly.
Dear Ms. Copycat,
I only want to download one movie. Who could know?
Curious in Kittredge
Dear Curious,
Well, no one, unless you count the Motion Picture Association of America and its many clients, who would gladly inform you, the university, and everyone’s lawyers that you have done so. Downloading even one movie without paying for it is illegal. Ms. Copycat far prefers the old-fashioned way to get her movies (at the theater, where she can purchase a refillable tub of popcorn), but understands how those more technologically-savvy than she might desire their films streamed, and directs residence hall students to C-Flix to get their movies in that manner.
Dear Ms. Copycat,
You and those campus administrators are violating my First Amendment rights by telling me I can’t download music, and I’m going to do something about
it! Militant and Proud of it
Dear Militant,
Ms. Copycat hopes that the something you will do is to take advantage of the resources at this wonderful university of ours and take a course that gives you a better understanding of the First Amendment, her personal favorite. The University is fulfilling its legal responsibilities by taking action when notified of copyright violations, and does not violate any constitutional rights of yours by doing so. Please don’t get Ms. Copycat started on this one. She might become militant, too.
Dear Ms. Copycat,
I’m a faculty member, and I would like to use some copyrighted materials on my course website. I’m planning on including the copyright information for the materials, and hope that is enough to qualify for fair use. Please advise.
Professor Webster (Web) Savvay
Dear Professor Savvay,
Although Ms. Copycat is no lawyer, and although her advice in this response and any others should not be construed as legal advice, she can say that merely indicating that a work is copyrighted is not enough to qualify for fair use. Instead, your use needs to satisfy each of the four factors of fair use, or you need to abide by the TEACH Act (which governs educational uses of copyrighted materials in an online environment).
Dear Ms. Copycat,
Here you are telling us of the evils of File Sharing and downloading songs and movies, and yet your name is Copycat. What gives?
Suspicious Sophomore
Dear Suspicious,
First, Ms Copycat hopes she is clarifying the issues, and not preaching about evils. She loathes preachiness. Second, let us simply say that, although Ms. Copycat is now thoroughly reformed, she might not always have been. Once, in her wild youth, she created a compilation cassette tape that included “The Lonely Goatherd” and “The Theme from Star Wars." She still feels guilty about that tape and writes this advice column as a way to atone for that dreadful and shocking act.
Dear Ms. Copycat,
I really like the music from one of my computer games. Am I allowed to burn the music onto a CD?
Jack Ripper
Dear Mr. Ripper,
Generally, if the music is available as an accessible MP3 file, that may be allowed. But if you need to "rip" the music by tampering with the code of the game, Ms. Copyright suggests that you don't. Please don't. In fact, why not spend a bit more time away from your computer game and its music and go the fresh air and twittering birds under the Flatirons.
Dear Ms. Copcat,
I am an artist and my art is socio-political commentary. Since I won't make much--if any--money from it, I can use images of President Bush and Arnold Schwartzenegger in my artwork, can't I? How could it be wrong if I'm not taking work away from anyone--and anyway, isn't it fair use?
Yours, Starvin' Artist
Dearest Artist,
Ah, how Ms. Copycat longs for the days of l'art pour l'art! That aside and realizing that such a sentiment in no way biases my answer to you, please understand that your art probably doesn't qualify for fair use. Ms. Copycat suspects that you are using images that belong to someone else, and likely are using them in their entirety. The commercial aspect you mention is one of only four factors in determining fair use; you must satisfy all four (including the one that stipulates that an entire work not be used) to qualify for fair use. If you want to be sure that you are abiding by copyright law in your work, you can always ask for permission to use someone else's images or take and use your own photographs. Ms. Copycat also suggests that you consult an attorney if you have questions about the gray area that lies at the intersection of art, parody, copyright, and public figures.
Dear Ms. Copycat,
I have searched the world over (or at least its Internet incarnation) for answers to two burning questions. You, the oracle for all copyright queries, are my last hope for getting them answered, and I will dutifully follow whatever advice you give. To wit: if I rent a movie from a movie rental store and create a copy for future home use only, am I breaking any laws? After all, I did pay for it, and it's only going to be me watching it, unless, perhaps (oh, how wonderful this would be!) you would join me? Ms. does mean that your available, right? Or, what if I pay for a movie from a pay-per-view channel and copy this for future home use only, am I breaking any laws? Even if it's just the two of us watching, and only the two of us knowing? Your admiring fan,
Lonnie Lee
Dear Mr. Lee,
First, please understand that Ms. is as delightfully ambiguous and Mr., and please refrain from assuming or even imagining anything about Ms. Copycat's personal life. Second, Ms. Copycat applauds the efforts of all individuals who follow the law instead of trying to squirm around it, but she suspects that you usually have tried to fast-forward through the ubiquitous copyright notice appearing at the beginning of videos and DVDs and, having failed at that, went to supply yourself with food and drink before your movie began. Had you stayed and read that copyright notice that runs at the beginning, you would have seen that your viewing of the video or DVD constitutes a restricted home use that does not include the right to copy it. The same restricted use tenet applies to pay-per-view movies. Ms. Copycat regrets to be the one to break the news that you might be a lawbreaker, lonely or not, and hopes that you will dutifully resist the temptation to tape a tape.
Dear Ms. Copycat,
I've taken the campus's copyright quiz, but I don't know if I got all the answers right. Can you help?
Violet "It'll Never Happen Again" Orr
Dear Ms. Orr,
You can find the answers to the quiz questions throughout the site, but, to put your mind at ease more quickly, here they are: 1e; 2b; 3c; 4a; 5d; 6d; 7b; 8a; 9a; 10b.
Ms. Copycat welcomes any questions about copyright issues, and will do her best to answer them in a timely, accurate, public, and educational fashion. In no way should her advice be considered a substitute for legal advice from an attorney. Please address questions of Ms. Copycat to her trusty assistant, copycat@colorado.edu.
The Grand Avenue comics are used with permission of the artist, Steve Breen, www.comics.com/comics/grandave/.