Copyright Laws, who benefits?

 

 

 

Ms. Ruscica

12th Grade English

WebQuest

 

January 17, 2001

 

 

We are, once again, heading into unchartered waters –metaphorically speaking.  In keeping with the theme of our school, our study of literature, and student interest in music, I have developed the following web quest project for you to work on during the weeks of February 5th through 26th. 

 

The public policy you will be researching, evaluating, and arguing: Existing copyright laws satisfy neither the public, nor the artist.  Do you know what having a “copyright” means?  Who is supposed to benefit from Copyright Laws?  This topic is an interesting extension to our study of literature. Copyright Laws extend to many artistic products including:  paintings, sculpture, literature, music and lyrics.  Currently courts have concerned themselves with copyright laws and how they restrict the downloading of music off of the Internet.  If music is down loaded for free with the musician neither giving permission nor making a profit, what then is the protection of a copyright?  The following pages will include your instructions as to how you will research the topic of Copyright Laws. 

 

 

Your Task:

On March 1st you have been scheduled for a court appearance before the judge.  The case before the judge is artist/author v. Joe public.  I will assign your role, either as Lawyer, artist/author, or judge. You will be asked to argue the extent to which Copyright Laws protect an artist or author. The artist would want greater protection ensured by the laws; the public would prefer less restricted access and use of the product. On February 28th all interested parties, including, but not limited to, the opposition and the judge, must submit all exhibits to the court for review. There will be five cases before the judge scheduled for March 1, 2001.  If the court sessions run late your case may be placed on the docket for March 2, 2001. 

 

 

 

 

An example of one Court Session:

 

Judge


Lawyer for author X                                                     Vs.                               Lawyer for Joe Public

Author X                                                                                                          Lawyer for Joe Public

 

 

 

Opening comments for each side.                                                          - 2 min max

Evidence and witnesses for the prosecution (artist and Lawyer)  - 8 minute maximum

Evidence and witnesses for the defense (Joe Public)                              - 8 minute Maximum

Closing comments from each side                                                          - 2 minute maxi\mum

 

 

Process:

 

q You must include exhibits to document your claims.  Your exhibits should included information obtained through the website which I have provided for you in the Resources section of this document.

 

 

q All evidence should be numbered or lettered, and made available for the oppositions review on February 28, 2001.  If it is not, it will be deemed inadmissible, and will not be considered by the judge.

 

 

q  Lawyers must produce nonfictional documentation to support the laws that protect their client’s interests.

Artist/Authors must produce works that are copyrighted, however, the copyrights have been, in your opinion, violated. 

 

q Each team will produce a legal brief, outlining the evidence and merits of their case, and citing supplementary documentation.

 

q The judge will review all evidence and rule in favor of one side or another.  The ruling will not be based on opinion but rather the strength of the case as presented by the lawyers.  If the judge rules fairly, both the side that is ruled in favor of, and the judge, will receive 10 bonus points.  If the judge rules with negligence, he/she will be removed from the bench and docked 25 points.  Ms. Ruscica retains the right to overturn the court rulings in the event a judge is removed from the bench. 

 

q In all courtroom proceedings the interested parties will act with decorum and professionalism. 

 

 

 

 

ReSourCes:

Please visit several of these sites while researching your case.  The more information you have, the stronger your case will be.  Remember, it is always good to research your opponent’s side as well, so that you may know the strengths and weaknesses of their argument.

 

http://www.maxwell.syr.edu/plegal/ppae/ppae1.html

http://www.maxwell.syr.edu/plegal/TIPS/welcome.html

http://www.maxwell.syr.edu/plegal/TIPS/worksheet1.html

Use the above sites to analyze public policy surrounding Copyright laws, as they exist today.

 

http://www.wju.edu/academics/departments/arc/mla_internet.html

Use this site to learn how to cite your Internet sources.  Navigate as follows:

-MLA Style

-Frequently asked questions

-How do I document sources from the World Wide Web in my works cited list?

 

http://www.riaa.com/copyright-Laws-1.cfm

 

http://www.riaa.com/Music-Intro.cfm

 

http://fairuse.stanford.edu/primary/

 

http://fairuse.stanford.edu/primary/index.html#caselaw

 

http://www.refdesk.com/

 

http://www.benedict.com/

 

http://www.securelaw.cornell.edu/topics/copyright.html

 

http://www.tufts.edu/departments/fletcher/multi/texts/BH423.txt

 

http://www.maxwell.syr.edu/plegal/tips.htm

 

 

I urge you ALL to use the site below:

 

http://www.maxwell.syr.edu/plegal/aska/html

At this site you can submit questions for a lawyer, and they will respond to you within a day or two.

 

 

 

 

Evaluation:

Research and evidence submitted                                              25 points

Knowledge of your own evidence                                             25 points

Knowledge of oppositions evidence                                          15 points

Organization of presentation                                                      15 points

Written Brief *                                                              20 points

Bonus points **                                                                        10 points

 

 

*Your written brief will be the product of your defense or prosecutorial team, thus each member of the team will receive equal credit.

**Available only to one side per hearing.

 

 

STANDARDS

This web quest focuses on the following English Language Arts Performance Standards:

 

E1c Read and comprehend informational materials.

E2a Produce a report of information.

E3b Participate in group meetings.

E3c: Prepare and deliver an individual presentation.

E3e Listen to and analyze a public speaking performance.

E4a independently and habitually demonstrate an understanding of the rules of the English language in written and oral work.

E4b Analyze and subsequently revise work to improve its clarity and effectiveness.

E7b Produce functional documents appropriate to audience and purpose.

 

 

This web quest focuses on the following New York State Standards:

Standard 1: Language for Information and Understanding

Standard 3: Language for Critical Analysis and Evaluation

Standard 4: Language for Social Interaction