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Passage A
Passage B
Passage A
• Think About It
• Read About It
• Talk About It
• Write About It
1. What do you know about copyright?
Reference:
Open
2. What do you think of piracy?
Reference:
Open
3. What kinds of activities are considered as violating
copyright?
Reference:
Open
Read 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 express your own works.
Intent and damage to the commercial value of the work are important
considerations. 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 works
is 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.
(879 words)
Napster
A famous on-line company and music distribution service, it
was known for supplying free music such as Mp3, etc.
Website: http://www.napster.com
follow v.
— to act in agreement or compliance with; obey
Examples
• All students must follow the school rules.
• As a citizen, you must follow the law or you will be
punished.
whether…or not /whether or not
— allowing the negative alternative
Examples
• Whether or not it rains, I’m giving a party tomorrow.
• I should do this job whether they agree or not.
The default you should assume for other people’s works is
that they are copyrighted.
Paraphrase
You should instantly think that others’ works are already
protected by copyright law …
In court
Examples
• The poor man was sentenced to death in court.
out of court
• The case was settled out of court.
be unlikely to / be unlikely that
—be improbable to
Examples
• They are unlikely to come since the weather is so bad.
• It was very unlikely that he would do that.
result in
—to bring about
Examples
• It is reported that the heavy rain resulted in a serious
road accident.
result from: to come about, happen
• It is reported that the serious road accident resulted
from the heavy rain.
risk v.
— to expose to a chance of loss or damage; to incur the
risk of (gerund is followed by this word)
Examples
• They risked driving on, notwithstanding the storm.
That’s important so that copyright law doesn’t block your
freedom to express your own works.
so that
— in order that
Examples
• Tom had to stop climbing the mountain so that his
sister could catch up.
• Speak clearly, so that they can understand the obscure
passage.
More to learn
That’s important so that copyright law doesn’t block your
freedom to express your own works.
Paraphrase
That's important in order that copyright law doesn’t
block your freedom to express your own works.
Intent and damage to the commercial value of the work are
important considerations
Paraphrase
You must think it cautiously if you damage the
commercial value of the work intentionally.
or anything
— show another kind of possibility
Examples
• If she wants to call me or anything, I'll be here all day.
make up
— to put together; construct or compose; invent;
fabricate
Examples
• My four-year old son actually made up a poem.
• Being afraid to be scolded by his teacher, he made up
an excuse.
be based on
— to find a basis for; establish
Examples
• This news report is based entirely on facts.
• Judgment should be based on facts, not on hearsay.
derive from
— to obtain or receive from a source; to arrive at by
reasoning; deduce or infer
Examples
• Many English words are derived from Latin.
• We derive knowledge not only from books, but also
from practice.
…is the exclusive province of the owner of the original work
Paraphrase
... is the exclusive part of the owner of the original work.
be charged with
— be legally accused of
Examples
• He was charged with murder, but three days later he
was freed due to lack of evidence.
cover v.
— to amend, supply a gap, make up for (here)
Examples
• A new rule was proposed to cover this point that
people have the right to cross roads in spite of read or
green light when in a state of emergency.
be up to
— be left to sb to (do)
Examples
• It’s up to us to give them all the help we can.
• It’s up to you to decide who will go with you.
who wants a chance to use this wonderful new technology to
do more than read other people’s flamewars
more than
Examples
• He was frightened more than angry.
• He likes summers more than autumn.
More to learn
but if you want to stay strictly in the law, you should ask first
Paraphrase
But if you want to be within the law, you should ask for
agreement first.
who wants a chance to use this wonderful new technology to
do more than read other people’s flamewars
Paraphrase
Originally many people want to use the technology to do
more meaningful things rather than reading the
arguments and debates on the net
Passage B
• Think About It
• Read About It
Before reading Passage B, try to describe the following pictures to
your classmates.
1. Have you every bought a pirated product? Why did
you buy it?
Reference:
Open.
2. Do you download anything from Internet? What kind
of things do you usually download?
Reference:
Open.
3. Have you ever faced a situation where you are
violating copyright?
Reference:
Open
Read About It
• Language Points
• Content Awareness
• Language Focus
• Reading Skill Practice
• Translating Skill Practice
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 that
photo 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, performingrights 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
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 undoubtedly 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 doctrine 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 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.”
(889 words)
thanks to
— owing to
Examples
• Thanks to your help we finally won the game.
• Thanks to her good fortune she brought here we
finished the impossible mission.
end up v.
— to finish; finally be
Examples
• If you continue to steal, you will end up in prison .
trample on v.
— to beat down with the feet; to tread heavily or
destructively
Examples
• Don’t trample on the flowers when you play in the
garden.
• Never trample on the feelings of those about you.
witness v.
— be present at and see; given evidence (witness to sth. /
doing sth.)
Examples
• The old lady was shocked dumb when she witnessed a
murder.
• Mr. Mike witnessed to having seen the accused near
the scene of the crime.
Never once did I hear the word copyright spoken
This is an inverted sentence. The natural word-order of
the sentence is “I never heard the word copyright
spoken.”
give sth/sb short shrift v.
— to neglect; to look down on; to ignore
Examples
• The servants gave the old man short shrift for his
shabby coat.
what are the chances that they'll even find out?
chance n.
— possibility
Examples
• What are the chances that we shall succeed?
• The chances are a hundred to one against you.
More to learn
what are the chances that they’ll even find out?
It’s likely that they will even find out?
stepped up activity to v.
— to take action to (do)
Examples
• We should step up activity to clean all illegal editions
from the market.
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
ASCAP and BMI are two organizations which license the
right to play copyrighted music in public settings
(including most business-presentation scenarios), and
they have reportedly added large conference centers and
hotels to the list of sites where they patrol so as to ensure
that those using even small selections of pre-recorded
music in presentations are properly licensed to do so.
Although many cases of abuse undoubtedly 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 doctrine to
its limits — interviews and research conducted for this article
indicate a serious lack of knowledge about copyright law among
frequent presenters.
in good faith
— honestly, sincerely
Examples
• Although he was a General, he accepted the suggestion
from a soldier in good faith.
More to learn
Although many cases of abuse undoubtedly 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 doctrine to
its limits — interviews and research conducted for this article
indicate a serious lack of knowledge about copyright law among
frequent presenters.
Although many cases of abuse undoubtedly are small or
accidental, interviews and research conducted for this
article indicate a serious lack of knowledge about
copyright law among frequent presenters.
anonymous a.
— having an unknown or unacknowledged name
Examples
• He received an anonymous phone call that threatened
to kill him.