copyright law

The “I Have A Dream” Speech Ethics Train Wreck

/ Jack Marshall / 7 Comments

Dr. King's familiy says this was a "performance" not a speech. Funny: I thought he was just speaking the truth. I guess I was dreaming.

Take Martin Luther King Day, turn right at the “Stopping Online Piracy Act” (SOPA/ PIPA) protests, and you get to the ridiculous fact that you are breaking the law anytime you circulate a recording or video of the Martin Luther King’s immortal “I Have A Dream” speech.

Through a baroque combination of expediency, legal maneuvers, luck and greed, this vital part of American thought, rhetoric, culture and history is restricted by the copyright laws, and will not be in the public domain until 2037, or more than 70 years after King’s words were spoken in front of the Lincoln Memorial. Now, under SOPA/PIPA, if it passes, any educational website that includes a video of the King Video could be taken down by the Feds, but that’s a side issue. I am no expert on the bill, but you can brief yourself on what all the fuss is about here, here, here, and here, the bill itself. Similarly, if I tried to explain the legal process by which courts agreed that a critical chapter in American history should be unavailable to Americans unless they pay a fee, it would 1) bore you stiff, 2) confuse you, and 3) probably be wrong. So I recommend this post by Alex Pasternak over at Motherboard, who does a great job laying out the whole, tortuous, tragic story.

I’ll concentrate on the ethics train wreck feature, of which the basic elements are these: Continue reading →

The Second Annual Ethics Alarms Awards: The Worst of Ethics 2010 (Part 1)

/ Jack Marshall / 8 Comments

Happy New Year, and welcome to the Second Annual Ethics Alarms Awards, recognizing the Best and Worst of ethics in 2010!

This is the first installment of the Worst; the rest will appear in a subsequent post. (The Best is yet to come.) Continue reading →

Apology I.O.U of the Month: Gawker to Sarah Palin

/ Jack Marshall / 7 Comments

Don’t you just hate it when you give a snarky, belittling, “you’re such an idiot to believe that” response to someone’s complaint, only to discover that they were right and you are the idiot? I sure do, and yes, it has happened to me.

The ethical way to avoid this, if you are Gawker, the habitually unethical gossip website, is to 1) not violate copyright laws by publishing long, bootlegged excerpts from Sarah Palin’s as yet unreleased new book without the publisher’s permission,  2) not respond, when she suggests in a tweet that this is illegal, by saying—

“Sarah: If you’re reading this—and if you are, welcome!—you may want to take a moment to familiarize yourself with the law. Try starting here or here. Or skip the totally boring reading and call one of your lawyers. They’ll walk you through it.” Continue reading →

“How Not To Apologize” by Cook’s Source Editor Judith Griggs

/ Jack Marshall / 11 Comments

Not many of you chose to read about the “Cook’s Source” fiasco, which is a shame. It is admittedly a tiny blip on the ethics radar screen–a dispute between a writer and a narrow audience website that launched an Internet vigilante movement—but there are many useful lessons to be learned. Now one of the two key figures, “Cook’s Source” editor Judith Griggs, has generously provided us with yet another: how not to apologize. Continue reading →

Theft, Disrespect and Retribution: the “Cook’s Source” Debacle

/ Jack Marshall / 2 Comments

This is another example of how ethical insights can emerge from the most unlikely episodes, as one obscure website stole material from another, and ignited web vigilante justice on a grand scale.

Medieval  food expert and enthusiast Monica Gaudio learned from a friend that the e-magazine Cook’s Source had taken her online article about the origins of apple pie and reprinted it without her permission. Assuming it was an innocent error, Gaudio wrote the site and requested an apology, as well as a $130 donation to the Columbia School of Journalism to make amends for what was a blatant copyright violation.

The managing editor at Cook’s Source, Judith Griggs, didn’t recognize a generous and reasonable offer when she saw one. Instead of proper contrition for taking Gaudio’s work without permission, Griggs decide to go for a new high in arrogant defiance, writing…

“Yes Monica, I do know about copyright laws. … But honestly Monica the web is considered ‘public domain’ and you should be happy we just didn’t ‘lift’ your whole article and put someone else’s name on it! It happens a lot, clearly more than you are aware of, especially on college campuses, and the workplace. If you took offence and are unhappy, I am sorry, but you as a professional should know that the article we used written by you was in very bad need of editing, and is much better now than was originally. … We put some time into rewrites, you should compensate me!”

Seldom are so many ethics fouls packed into so few words. Note that: Continue reading →

“Glee” Ethics

/ Jack Marshall / Leave a comment

Now that I know I’m not the only one to be a bit troubled by the gleefully unethical practices of the absurdly talented high school students in the performance choir chronicled in the Fox TV series “Glee,” I will conquer my fear of rampaging “Gleeks” and say so.

In addition to the annoyance of the teens being played by 30-year-olds, their absurdly accomplished performing skills, and most of all, the speed with which they arrange, choreograph and master complex musicals numbers that a no professional performing group could equal in less than a week of twelve-hour days, there is this: the students regularly violate the copyright laws by using music, lyrics and exact copies of video choreography in their numbers.

Yes, the producers of  “Glee” are really paying the artists involved; that’s not the point. The problem is that the show’s conceit contributes to an attitude among younger Americans (and a lot of old ones, like “The Ethicist,” Randy Cohen) that stealing intellectual property from artists is OK, everybody does it, and it is standard procedure. This encourages an unethical and illegal practice by glamorizing it, and also misinforms viewers who may not know that what the “Glee” kids do could involve big fines and serious legal problems in the real world. Continue reading →

Arg! “The Ethicist” Endorses Piracy!

/ Jack Marshall / 15 Comments

Ah, another Sunday, another chapter in the crusade of Randy Cohen, a.k.a “The Ethicist,” to redefine the definition of “ethical.” I used to read “The Ethicist” column in The New York Times  magazine out of professional curiosity, later, bemusement, and now I read it as a diagnostic exercise. Where did Randy acquire his bizarre fondness for certain forms of dishonesty? For the record, Cohen’s batting average of actually giving ethical, rather than unethical, advice appears to be holding steady at .750, which means that he advocates unethical means one out of every four inquiries. I’d say Charley Rangel would do better, and nobody’s likely to call him “The Ethicist” any time soon.

This Sunday, Randy is endorsing web piracy…really. Continue reading →

The Evolving Ethics of Joke Theft

/ Jack Marshall / 3 Comments

Kal Raustiala, a Professor at UCLA Law School and the UCLA International Institute, and Chris Sprigman, a Professor at the University of Virginia Law School, are counterfeiting and intellectual property experts who hang out at the Freakonomics blog, and their latest post discusses how the world of stand-up comedy deals with joke theft. Some of the commentary will remind you of the Monty Python sketch in which a professor dryly lectures (with demonstrations) on the art of slapstick, but their observation is important: professional comics have developed a series of standards, enforced informally by such methods as shunning, shaming, and confrontation (and the occasional punch in the face) to discourage theft of a form of intellectual property that cannot be efficiently protested by copyright or trademark law. Continue reading →

So Much For “Don’t Be Evil”: YouTube and Google Ethics on Display

/ Jack Marshall / 3 Comments

The Business Insider has posted evidence gathered by Viacom in its lawsuit against Google, consisting primarily  of e-mails and instant messages. It is far from conclusive on the legal issues, which revolve around YouTube and Google’s unauthorized use of copyrighted material. It is very conclusive, however, regarding how often any ethics alarms went off with various Google and YouTube executives as they contemplated bottom line issues: rarely.

Here is a startling example.  In a 2005 e-mail exchange YouTube co-founder Steve Chen reasoned thusly: Continue reading →

Fashion Ethics: Stealing Is Good

/ Jack Marshall / 2 Comments

Where is it ethical to be unethical?

In the Bizarro world of high fashion, apparently, where making knock-offs of famous name designer dresses is a huge industry, and the original designers get neither recognition not profit from the illicit use of their creations. The practice is obviously unfair and dishonest, but not so obviously, good for the health of the fashion industry, according to an article by law professors Kal Raustiala and Chris Sprigman on the Freakonimics website. They write: Continue reading →