Running Head: Report

Copy Right Infringement

Student Name

Course Name

Course Number
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Executive Summary

This report addresses the issue of copyright infringement and also proposed solutions to the
dilemma preferably by using ethical approach. The report also shows an analysis and
synthesis of research. Today, an infringement of copyright becomes more evident as a large
number of groups have been involved in activities of infringement of copyright. The report
also focuses upon four ethical philosophies and Australian Computer Society’s (ACS) code
of ethics in detail.
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Table of Contents

Introduction 4

Ethical analysis of copyright infringement

Utilitarianism 5
Deontology 5
Social contract 5
Character Based 6

ACS code of ethics 6

Conclusion 7

References 8
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Introduction

Copyright infringement is a contravention that takes place when the rights of copyright
owners are violated.  An infringer of the copyright is a person who infringes any of the
exclusive rights of the copyright owner. Copyright infringement is a type of piracy in which
copyright holder is no longer able to protect or control his expression of work. This is not
compulsory that work has to be copied as it is. In case, if the infringing work is “considerably
comparable” to the copyrighted work, then it will also be called copyright infringement.
Copyright holder owns plenty of rights and Copyright violation happens when one of those
rights are used or distributed without the permission of the copyright owner. The copyright
holder has the right to replicate, copy, duplicate or transliterate the work. He has the right to
change the work in order to create a new work, which is called a derivative work. In this
situation, if someone developed a script based on his favorite book and sold the script, then
it would be a copyright infringement. Another example is if someone makes remixes of
songs without the consent of original vocalist. A copyright holder has an exclusive right to
show his work in public at some public place, but if someone other than Copyright holder will
display that work then it will be considered as copyright infringement.

However, there are three exceptions to the copyright infringement rules where someone can
reproduce the copyrighted work without taking any license or consent of the copyright owner.
According to these exceptions, someone can use the copyrighted material for a fair and
partial purpose including teaching, reviewing and criticism. Without fair use of copyrighted
materials, teachers would not be able to study works by people like Arthur Miller in their
schools and colleges. Anyone can reproduce or copy the works, which are no longer
sheltered by copyright law or the copyright has expired. Ideas and facts cannot be protected
through copyrights. Thus, anyone can use ideas, facts and natural truths without consent.
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Ethical analysis of copyright infringement

Utilitarianism

Utilitarianism is a normative ethical theory that reinforces that the outcomes or the
consequences of our acts make things right or wrong. In its full spirit, the effects of pleasure
or happiness are multiplied thereby decreasing sorrows or disappointments.. In ethical
terms, it is apparently annoying for the down loaders to have some copyrighted music which
is somehow restricted under public law and comes under the circle of copyright infringement.
The rule of common/mutual interest is inevitably important and for that laws are made and
observed. Mill asserts that the essential need of happiness is the security of persons and
property. However, in this case, infringers get more derived benefits compared to the gross
revenue collection by the real artist or vocalist. The bottom line is that utilitarianism grants
less copyright rather than more in order to get maximized utilities.

Deontology

Compared to the utilitarianism, deontology focuses on the moral standing of an action rather
than maximizing utility even at the expense of other’s rights. It asserts that to infringe other’s
rights is not a criterion to judge an act or its moral status. For example, Consequentiality
does agree killing of a man in saving a number of lives but deontologists do not. Rather, they
find it immoral. How it comes under the circle of copyright infringement, is of inevitable
concern. Ethical analysts favoring deontology find it that people download the digital content
as per their aspiration, but they do not share them thus not optimizing the utility. The bottom
line is that deontology asserts equal rights to all persons and to become the copyright
infringed guy means that you find your locus of goal or target or something else according to
your moral value system.

Social contract

The social contract is a binding force that welds people together beyond their personal
interests. People sacrifice their personal liberties over civil liberties. The social contract is
society’s need which asserts its members for full compliance in order to share the benefits
and burdens on an equal basis. It relies that the people’s political or ethical obligations
depend on a contract between its people. The rights of that contract are reserved. In any
case, if anybody who infringes the rights, shall bear a hard penalty.
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Character based

The character based theory of ethics is also known as virtue ethics. Aristotle introduced this
theory many centuries ago. This ethic is different from other ethics as it focuses upon the
individual rather than on a definite action. According to this theory people with strong positive
character traits will tend to do the right thing. Ethicist who favors a character-based ethical
approach suggests that the ethical person will do his duty in a right way and will never
encourages any type of copyright infringement.

ACS code of ethics

The ACS codes of ethics are part of ACS constitution and it requires ACS members to
sustain and advance the honor, pride and efficiency of being a professional. The ACS codes
of ethics demand the obedience of ACS members to the mentioned below society norms.

 The ACS codes of ethics entail that members will place emphasis upon public
interest rather than their personal, business or sectional interests.
 ACS members will put their maximum efforts in order to increase the quality of life
of those who are affected by their work
 ACS member will be honest in their knowledge, skills and understanding.
 Members will work with great potential in order to benefit their stockholders
 Members will be responsible to enhance their professional development.
 Members will be answerable to increase the integrity of the society and will do
maximum to respect each other.
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Conclusion

In legal terminology copyright concept is known as the idea-expression dichotomy because

Copyright shields the expression of an idea or vision, not the idea itself. Ideas, procedures, p
rocesses, systems, impressions, ideologies, and discoveries are not Copyrightable

In my opinion, we can avoid copyright infringement if we properly understand the scope of

copyright law. It means we should better understand that which material is
not within the scope of copyright protection, including words and short phrases, slogans and
blank forms. Similarly, copyright protects literary works, paintings, Pictures, drawings, films,
music, compositions, sculptures and many other things. Copying these materials will be
called as copyright infringement under the original provisions of the Copyright Act of 1976.
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References

Copyright. 123HelpMe.com. (2015, January 13). Retrieved from 

http://www.123HelpMe.com/view.asp?id=158579

What is copyright infringement? Retrieved from 

http://mesacc.libguides.com/content.php?pid=38266&sid=281078

Remedies for infringement: Impounding and disposition of infringing articles. (17 U.S. Code
§ 504). Retrieved from 
http://www.law.cornell.edu/uscode/text/17/503

Francione, G.L. (1986). Facing the nation: The standards for copyright, infringement, and
fair use of factual works. University of Pennsylvania Law Review, 134, 519-598.

Lemley, M., & Reese, R.A. (2004). Reducing digital copyright infringement without
restricting innovation. Stanford Law Review, 56, 1345-1434.