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Passage APassage A

Passage BPassage B

Passage APassage A

• Think About It

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• Write About It

1.1. What do you know about copyright?What do you know about copyright?

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OpenOpen

2.2. What do you think of piracy?What do you think of piracy?

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3.3. What kinds of activities are considered as violating What kinds of activities are considered as violating copyright? copyright?

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OpenOpen

Read About ItRead About It

• Language Points

• Content Awareness

• Language Focus

10 Big Myths About Copyright

1)“If it doesn’t have a copyright notice, it’s not copyrighted.” This was true in the past, but today almost all major nations follow the Berne1 copyright convention. For example, in the USA, almost everything created privately and originally after April 1,

1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people’s works is that they are copyrighted and may not be copied unless you know otherwise. There are some old works that lost protection without notice, but frankly you should not risk it unless you know for sure.

2) “If I don’t charge for it, it’s not a violation.” False. Whether you

charge can affect the damages awarded in court, but that’s the main

difference under the law. It’s still a violation if you give it away – and there

can still be serious damages if you hurt the commercial value of the

property. There is an exception for personal copying of music, which is not

a violation, though courts seem to have said that doesn’t include wide-

scale anonymous personal copying as Napster. If the work has no

commercial value, the violation is mostly technical and is unlikely to

result in legal action.

3) “If it’s posted to Usenet it’s in the public domain.” False.

Nothing modern is in the public domain anymore unless the owner

explicitly puts it in the public domain. Explicitly, as you have a note

from the author/owner saying, “I grant this to the public domain.”

4) “My posting was just fair use!” The “fair use” exemption to

(U.S.) copyright law was created to allow things such as commentary,

parody, news reporting, research and education about copyrighted

works without the permission of the author.

That’s important so that copyright law doesn’t block your freedom to expres

s your own works

.

Intent and damage to the commercial value of the work are important consi

derations

. Are you reproducing an article from the New York Times because you

couldn’t find time to write your own story, or

didn’t want your readers to have to pay for the New York Times web site? They aren’t “fair use”. Fair use is usually a short excerpt.

5) “If you don’t defend your copyright you lose it.” – “Somebody has that name copyrighted!” False. Copyright is effectively never lost these days, unless explicitly given away. You also can’t “copyright a name” or anything short like that, such as almost all titles. You may be thinking of trademarks, which apply to names, and can be weakened or lost if not defended. Like an “Apple” computer. Apple Computer “owns” that word applied to computers, even though it is also an ordinary word. Apple Records owns it when applied to music. Neither owns the word on its own, only in context, and owning a mark doesn’t mean complete control

6) “If I make up my own stories, but base them on another work, my new work belongs to me.” False. U.S. Copyright law is quite explicit that the making of what are called “derivative works” — works based on or derived from another copyrighted work — is the exclusive province of the owner of the original work. This is true even though the making of these new worksis a highly creative process. If you write a story using settings or

characters from somebody else’s work, you need that author’s permission.

7) “They can’t get me, defendants in court have powerful rights!” Copyright law is mostly civil law. If you violate copyright you would not be charged with a crime, but usually get sued.

8) “Oh, so copyright violation isn’t a crime or anything?” Actually, recently in the USA commercial copyright violation involving more than 10 copies and value over $2500 was made a felony. So watch out. On the other hand, this is a fairly new, untested statute. In one case an operator of a pirate BBS that didn’t charge was acquitted because he didn’t charge, but congress amended the law to cover that.

9) “It doesn’t hurt anybody — in fact it’s free advertising.” It’s up to the owners to decide if they want the free ads or not. If they want them, they will be sure to contact you. Don’t rationalize whether it hurts the owners or not, ask them. Usually that’s not too hard to do. Even if you can’t think of how the author or owner gets hurt, think

about the fact that piracy on the net hurts everybody

who wants a chance to use this wonderful new technology to do more than read other people’s flamewars.

10) “They e-mailed me a copy, so I can post it.” To have a copy is

not to have the copyright. All the E-mail you write is copyrighted.

However, E-mail is not unless previously agreed. So you can certainly

report on what E-mail you are sent, and reveal what it says. You can

even quote parts of it to demonstrate. Frankly, somebody who sues

over an ordinary message would almost surely get no damages,

because the message has no commercial value,

but if you want to stay strictly in the law, you should ask first. On the other hand, don’t go nuts if somebody posts E-mail you sent them. If it was an ordinary non-secret personal letter of minimal commercial value with no copyright notice (like 99.9% of all E-mail), you probably won’t get any damages if you sue them.

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A famous on-line company and music distribution service, it A famous on-line company and music distribution service, it was known for supplying free music such as Mp3, etc.was known for supplying free music such as Mp3, etc.

Website: http://www.napster.comWebsite: http://www.napster.com

NapsterNapster

followfollow v.v.

—— to act in agreement or compliance with; obey to act in agreement or compliance with; obey

ExamplesExamples

• All students must All students must followfollow the school rules. the school rules.

• As a citizen, you must As a citizen, you must followfollow the law or you will be the law or you will be punished.punished.

whether…or not /whether or notwhether…or not /whether or not

—— allowing the negative alternative allowing the negative alternative

ExamplesExamples

• Whether or notWhether or not it rains, I’m giving a party tomorrow. it rains, I’m giving a party tomorrow.

• I should do this job I should do this job whetherwhether they agree they agree or notor not..

The default you should assume for other people’s works is The default you should assume for other people’s works is that they are copyrighted. that they are copyrighted.

You should instantly think that others’ works are already You should instantly think that others’ works are already protected by copyright law …protected by copyright law …

ParaphraseParaphrase

In courtIn court

ExamplesExamples

• The poor man was sentenced to death The poor man was sentenced to death in courtin court..

out of courtout of court

• The case was settled The case was settled out of courtout of court..

be unlikely to / be unlikely thatbe unlikely to / be unlikely that

——be improbable tobe improbable to

ExamplesExamples

• They They are unlikely toare unlikely to come since the weather is so bad. come since the weather is so bad.

• It It was very unlikely thatwas very unlikely that he would do that. he would do that.

result inresult in

——to bring aboutto bring about

ExamplesExamples

• It is reported that the heavy rain It is reported that the heavy rain resulted inresulted in a serious a serious road accident. road accident.

result from: result from: to come about, happento come about, happen

• It is reported that the serious road accident It is reported that the serious road accident resulted resulted fromfrom the heavy rain. the heavy rain.

risk risk v.v.

—— to expose to a chance of loss or damage; to incur the to expose to a chance of loss or damage; to incur the risk of (gerund is followed by this word) risk of (gerund is followed by this word)

ExamplesExamples

• They They riskedrisked driving on, notwithstanding the storm. driving on, notwithstanding the storm.

so thatso that

—— in order thatin order that

ExamplesExamples

• Tom had to stop climbing the mountain Tom had to stop climbing the mountain so thatso that his his sister could catch up. sister could catch up.

• Speak clearly, Speak clearly, so thatso that they can understand the obscure they can understand the obscure passage. passage.

That’s important That’s important so thatso that copyright law doesn’t block your copyright law doesn’t block your freedom to express your own works.freedom to express your own works.

More to learnMore to learn

That’s important That’s important so thatso that copyright law doesn’t block your copyright law doesn’t block your freedom to express your own works.freedom to express your own works.

That's important in order that copyright law doesn’t That's important in order that copyright law doesn’t block your freedom to express your own works.block your freedom to express your own works.

ParaphraseParaphrase

Intent and damage to the commercial value of the work are Intent and damage to the commercial value of the work are important considerationsimportant considerations

You must think it cautiously if you damage the You must think it cautiously if you damage the commercial value of the work intentionally.commercial value of the work intentionally.

ParaphraseParaphrase

or anythingor anything

—— show another kind of possibilityshow another kind of possibility

ExamplesExamples

• If she wants to call me If she wants to call me or anythingor anything, I'll be here all day. , I'll be here all day.

make upmake up

—— to put together; construct or compose; invent; to put together; construct or compose; invent; fabricatefabricate

ExamplesExamples

• My four-year old son actually My four-year old son actually made upmade up a poem. a poem.

• Being afraid to be scolded by his teacher, he Being afraid to be scolded by his teacher, he made upmade up an excuse. an excuse.

be based onbe based on

—— to find a basis for; establishto find a basis for; establish

ExamplesExamples

• This news report This news report is based entirely onis based entirely on facts. facts.

• Judgment should Judgment should be based onbe based on facts, not on hearsay. facts, not on hearsay.

derive fromderive from

—— to obtain or receive from a source; to arrive at by to obtain or receive from a source; to arrive at by reasoning; deduce or infer reasoning; deduce or infer

ExamplesExamples

• Many English words are Many English words are derived fromderived from Latin. Latin.

• We We derivederive knowledge not only knowledge not only fromfrom books, but also books, but also fromfrom practice. practice.

……is the exclusive province of the owner of the original workis the exclusive province of the owner of the original work

... is the exclusive part of the owner of the original work.... is the exclusive part of the owner of the original work.ParaphraseParaphrase

be charged withbe charged with

—— be legally accused ofbe legally accused of

ExamplesExamples

• He He was charged withwas charged with murder, but three days later he murder, but three days later he was freed due to lack of evidence. was freed due to lack of evidence.

covercover v.v.

—— to amend, supply a gap, make up for (here)to amend, supply a gap, make up for (here)

ExamplesExamples

• A new rule was proposed to A new rule was proposed to covercover this point that this point that people have the right to cross roads in spite of read or people have the right to cross roads in spite of read or green light when in a state of emergency. green light when in a state of emergency.

be up tobe up to

—— be left to sb to (do) be left to sb to (do)

ExamplesExamples

• It’It’s up tos up to us to give them all the help we can. us to give them all the help we can.

• It’It’s up tos up to you to decide who will go with you. you to decide who will go with you.

more thanmore than

ExamplesExamples

• He was frightened He was frightened more thanmore than angry. angry.

• He likes summers He likes summers more thanmore than autumn. autumn.

who wants a chance to use this wonderful new technology to who wants a chance to use this wonderful new technology to do do more thanmore than read other people’s flamewars read other people’s flamewars

More to learnMore to learn

but if you want to stay strictly in the law, you should ask firstbut if you want to stay strictly in the law, you should ask first

But if you want to be within the law, you should ask for But if you want to be within the law, you should ask for agreement first.agreement first.

ParaphraseParaphrase

who wants a chance to use this wonderful new technology to who wants a chance to use this wonderful new technology to do do more thanmore than read other people’s flamewars read other people’s flamewars

Originally many people want to use the technology to do Originally many people want to use the technology to do more meaningful things rather than reading the more meaningful things rather than reading the arguments and debates on the netarguments and debates on the net

ParaphraseParaphrase

Passage BPassage B

• Think About It

• Read About It

Before reading Passage B, try to describe the following pictures to Before reading Passage B, try to describe the following pictures to your classmates.your classmates.

1. Have you every bought a pirated product? Why did 1. Have you every bought a pirated product? Why did you buy it?you buy it?

Open. Open.

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2. Do you download anything from Internet? What kind 2. Do you download anything from Internet? What kind of things do you usually download? of things do you usually download?

Open. Open.

Reference:Reference:

3. Have you ever faced a situation where you are 3. Have you ever faced a situation where you are violating copyright?violating copyright?

OpenOpen

Reference:Reference:

Read About ItRead About It

• Language Points

• Content Awareness

• Language Focus

• Reading Skill Practice

• Translating Skill Practice

Are You a Copyright Criminal?Are You a Copyright Criminal?

It’s getting more tempting to infringe on

copyright when creating presentations, thanks to many new scanning and duplicating technologies as well as proliferating 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 lawsuit.

You've seen them at work. Sometimes brazen, sometimes

oblivious,

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 — presenters who slip "Dilbert"

cartoons, photographs scanned from magazines, graphics

downloaded from the Web, photocopies of trade-journal articles,

audio files, video clips or CD music into their presentations or

handouts with little or no understanding of how they're trampling 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 unaware of how their seemingly

benign reuse of pre-existing material — articles, pictures, music,

songs, scripts or film clips — violates copyright law.

Autumn Bell, a training specialist and frequent presenter 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 lesser violations,

such as flagrant photocopying 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 rehearsals to do. And sometimes that article you read last week in Forbes Magazine or thatphoto you downloaded from the Web yesterday fits perfectly 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 advertising, 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 odds of being caught violating copyright

are improving every day, as are your chances of paying a stiff fine.

Statutory damages for infringing on copyright can hit $20 000 per

violation, 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 corporate America, and with an increase in

piracy on the World Wide Web, licensing 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

vendors, offers a $10 000 bounty 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 license 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 licensed to do so.

Is all this talk of copyright abuse overblown? Is the perceived need

to protect yourself from prosecution just another anal-retentive legal f

ormality? 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 undoubtedly are small or accidental

— busy presenters who in good faith give full attribution but don’t se

ek permission; others who are unaware of public performance rights

or who stretch the fair-use doctrine to its limits — interviews and rese

arch conducted for this article indicate a serious lack of knowledge a

bout copyright law among frequent presenters. A two-month review o

f comments posted to listservs frequented by presenters and trainers,

for instance, suggests that many people routinely violate copyright la

w, 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 anonymous.) And TMA6 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.”

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thanks tothanks to

—— owing to owing to

ExamplesExamples

• Thanks toThanks to your help we finally won the game. your help we finally won the game.

• Thanks toThanks to her good fortune she brought here we her good fortune she brought here we finished the impossible mission. finished the impossible mission.

end upend up v.v.

—— to finish; finally be to finish; finally be

ExamplesExamples

• If you continue to steal, you will If you continue to steal, you will end upend up in prison . in prison .

trample on trample on v.v.

—— to beat down with the feet; to tread heavily or to beat down with the feet; to tread heavily or destructively destructively

ExamplesExamples

• Don’t Don’t trample ontrample on the flowers when you play in the the flowers when you play in the garden. garden.

• Never Never trample ontrample on the feelings of those about you. the feelings of those about you.

witness witness v.v.

—— be present at and see; given evidence (witness to sth. / be present at and see; given evidence (witness to sth. / doing sth.) doing sth.)

ExamplesExamples

• The old lady was shocked dumb when she The old lady was shocked dumb when she witnessedwitnessed a a murder. murder.

• Mr. Mike Mr. Mike witnessedwitnessed to having seen the accused near to having seen the accused near the scene of the crime. the scene of the crime.

Never once did I hear the word copyright spokenNever once did I hear the word copyright spoken

This is an inverted sentence. The natural word-order of This is an inverted sentence. The natural word-order of the sentence is “I never heard the word copyright the sentence is “I never heard the word copyright spoken.” spoken.”

give sth/sb short shrift give sth/sb short shrift v.v.

—— to neglect; to look down on; to ignore to neglect; to look down on; to ignore

ExamplesExamples

• The servants The servants gave the old man short shriftgave the old man short shrift for his for his shabby coat. shabby coat.

what are the what are the chanceschances that they'll even find out? that they'll even find out?

chancechance nn. .

—— possibility possibility

ExamplesExamples

• What are the What are the chanceschances that we shall succeed? that we shall succeed?

• The The chanceschances are a hundred to one against you. are a hundred to one against you.

More to learnMore to learn

what are the what are the chanceschances that they’ll even find out? that they’ll even find out?

It’s likely that they will even find out? It’s likely that they will even find out?

stepped up activity to stepped up activity to v.v.

—— to take action to (do) to take action to (do)

ExamplesExamples

• We should We should step up activity tostep up activity to clean all illegal editions clean all illegal editions from the market. from the market.

ASCAP and BMI, two organizations that license the right to ASCAP and BMI, two organizations that license the right to play copyrighted music in public settings (including most play copyrighted music in public settings (including most business-presentation scenarios) have reportedly added large business-presentation scenarios) have reportedly added large conference centers and hotels to the list of sites they patrol to conference centers and hotels to the list of sites they patrol to ensure that those using even small selections of pre-recorded ensure that those using even small selections of pre-recorded music in presentations are properly licensed to do somusic in presentations are properly licensed to do so

ASCAP and BMI are two organizations which license the ASCAP and BMI are two organizations which license the right to play copyrighted music in public settings right to play copyrighted music in public settings (including most business-presentation scenarios), and (including most business-presentation scenarios), and they have reportedly added large conference centers and they have reportedly added large conference centers and hotels to the list of sites where they patrol so as to ensure hotels to the list of sites where they patrol so as to ensure that those using even small selections of pre-recorded that those using even small selections of pre-recorded music in presentations are properly licensed to do so.music in presentations are properly licensed to do so.

Although many cases of abuse undoubtedly are small or Although many cases of abuse undoubtedly are small or accidental — busy presenters who accidental — busy presenters who in good faithin good faith give full give full attribution but don’t seek permission; others who are unaware of attribution but don’t seek permission; others who are unaware of public performance rights or who stretch the fair-use doctrine to public performance rights or who stretch the fair-use doctrine to its limits — interviews and research conducted for this article its limits — interviews and research conducted for this article indicate a serious lack of knowledge about copyright law among indicate a serious lack of knowledge about copyright law among frequent presenters.frequent presenters.

in good faithin good faith

—— honestly, sincerely honestly, sincerely

ExamplesExamples

• Although he was a General, he accepted the suggestion Although he was a General, he accepted the suggestion from a soldier from a soldier in good faithin good faith..

More to learnMore to learn

Although many cases of abuse undoubtedly are small or Although many cases of abuse undoubtedly are small or accidental — busy presenters who accidental — busy presenters who in good faithin good faith give full give full attribution but don’t seek permission; others who are unaware of attribution but don’t seek permission; others who are unaware of public performance rights or who stretch the fair-use doctrine to public performance rights or who stretch the fair-use doctrine to its limits — interviews and research conducted for this article its limits — interviews and research conducted for this article indicate a serious lack of knowledge about copyright law among indicate a serious lack of knowledge about copyright law among frequent presenters.frequent presenters.

Although many cases of abuse undoubtedly are small or Although many cases of abuse undoubtedly are small or accidental, interviews and research conducted for this accidental, interviews and research conducted for this article indicate a serious lack of knowledge about article indicate a serious lack of knowledge about copyright law among frequent presenters.copyright law among frequent presenters.

anonymous anonymous a.a.

—— having an unknown or unacknowledged name having an unknown or unacknowledged name

ExamplesExamples

• He received an anonymous phone call that threatened He received an anonymous phone call that threatened to kill him. to kill him.