Running head: BEG, BORROW, AND STEAL

Beg, Borrow, and Steal: An Ethics Case Study Lindsay Berry, Jonathan Bingham, Meike Carreira, Elizabeth Davis, Kimberlie McClellan, and Wendy Mitchell Emporia State University

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Abstract The purpose of this case study is to explore the ethics involved in fair use law and user agreements pertaining to intellectual rights and the rental of digital media from libraries. It is easy for computer technology users to become desensitized to the moral right and wrongness of copying files from computer to computer and letting others borrow program applications or music and audio files. It seems harmless to copy and paste a few music or audio files for a friend, when in fact doing so is unlawful. Many users perhaps are simply ignorant that their actions are unlawful, while others engage in file copying fully knowing their actions violate fair use law and the user agreements they have agreed to abide by before accessing the files or software. Regardless of the level of ignorance, the fact remains: someone worked hard to create the material being illegally copied and borrowing files containing the material infringes on their intellectual rights. It is extremely difficult, however, to monitor and regulate the fair use laws and user agreements, and therefore ethics must play a necessary role in shaping the users actions.

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Preface: Fair Use Background Fair use laws were first passed, in 1976, to protect the interests and products of the copyright holder and the creator of the work (DeLeve, 92). These laws were constructed to protect printed materials and their creator. These laws were sufficient for print and analog materials but with the advancement of technology the laws had to morph to protect the creator and copyright holder of digital materials. The original laws allowed limits and restrictions to be placed on the reproductions and use of the created material. There were exceptions to copyright made for libraries section 108 of the Copyright Act (1976). This exception allows libraries and archives to make copies for various purposes, among them interlibrary loans and copying from an obsolete format into a nonobsolete format.(Pilch, 472) The copyright laws did not specify what to do with digital copies of material. With the advancement of the materials available at libraries and through libraries the existing laws and provisions just did not suffice. The addenda to the copyright regulations cover the digital media. The law now discusses usage agreements between the creator and the holder. New agreements occur between libraries and vendors, are negotiated before the libraries have the rights to any of the digital media (Brillon). Software is also often embedded in the digital file to further protect the intellectual property of the creator (DeLeve, 92). This software gives restrictions on use and availability to the digital information. OverDrive, Inc. License Agreement Excerpt (Retrieved from OverDrive Media Console License Agreement, January 2010.) DIGITAL CONTENT: Use of the Software and associated services, along with the digital content (collectively Content) grants you a non-exclusive, limited time, non-

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transferable license to use the Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use. For Content downloaded from a library service, at the end of the lending period, your license to the Content terminates, and you may no longer use or access the Content. At the end of the lending period, you are required to delete and/or destroy any and all copies of the Content. In the event OverDrive, the library or other rights holders determines you are violating permitted uses of the Content, we reserve the right to suspend or terminate your ability to use or access an OverDrive service or the Content. Case Scenario Lucy Listener recently learned about the Kansas Library Card from a promotion at her local library. She enjoys listening to audio books in the car, while working out, and during other slow periods of her day. She had almost exhausted her librarys collection of audio books. As soon as she arrived home from the library she excitedly logged on the Kansas Library Card site. The librarian who had assisted her had told her all she needed to do was to choose an audio book and download the OverDrive software so she could listen to the book or sync it with her mp3 player. Lucy chose an interesting looking audio book, added it to her cart, and checked it out. She clicked to install the OverDrive software and accepted the License Agreement without paying it much attention; she was excited to try out the new book. She had no problems downloading the book and transferring it to her mp3 player. Lucy listened to a few chapters while cooking her dinner and then put it aside for the night.

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The next morning Lucy met her friend, Mary Moocher, for breakfast at a downtown caf. Lucy arrived early and decided to try to finish another chapter of her audio book while she waited for Mary. When Mary arrived she asked Lucy what she was listening to so intently. Lucy proceeded to tell Mary all about the exciting book and the wonderful Kansas Library Card service. Mary thought the book sounded really interesting and she wanted to know if she could transfer a copy of the audio book files from Lucys mp3 player to her laptop as she was going on a business trip later that afternoon. Lucy knows from her brief library tutorial that the audio book is checked out in her name and that she has only rented it for three weeks. After three weeks the book will not be accessible from her computer and the librarian informed her that it is her responsibility to delete it from her mp3 player when her time is up. She also remembers accepting the OverDrive License Agreement, but doesnt know if it specifically banned loaning out digital materials to other people. Lucy remembers from the news how much trouble people have gotten in for sharing files on the internet. She also knows that the book is available for transfer up to 20 times and she knows that her friend could easily sign up for her own card. She suggests that Mary get her own card but Mary states that she doesnt have time before she leaves for her trip. Mary reminds Lucy that she borrows paperbacks from her all the time. Mary is convinced that this situation is no different and expectantly waits for the file of the book. Questions 1. Should Lucy let her friend copy the files to her laptop? 2. Who is the owner of the intellectual property of the audio book? 3. Who owns the license to use the material and how would it be affected by file sharing as described above?

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4. What would the consequences of this file sharing be in regards to the License Agreement she signed? 5. Who would be directly affected by the copying of this file? How would that person be affected? 6. If Mary made one copy and then left the caf and made several more copies who should be held responsible Mary or Lucy? 7. Which principals of ethics can be applied to this situation?

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References Brillon, A. (2009). Annual Meeting Report: Vendor Roundtable. AALL Spectrum, 14(2), CRIV3. Retrieved February 14, 2010, from Library Lit & Inf Full Text database. DeLeve, S. (2008). Copyright Basics for Librarians. Mississippi Libraries, 72(4), 91-3. Retrieved February 15, 2010, from Library Lit & Inf Full Text database. Pilch, J. (2004). Fair Use and Beyond: The Status of Copyright Limitations and Exceptions in the Commonwealth of Independent States. College & Research Libraries, 65(6), 468-504. Retrieved February 16, 2010, from Education Full Text database. Simpson, C. (2003). Rights tracking in School Libraries. TechTrends, 47(1), 11-12, 32. Retrieved February 15, 2010, from Education Full Text database. Shuler, J. (2003). Distance Education, Copyrights Rights, and the New TEACH Act. The Journal of Academic Librarianship, 29(1), 49-51. Retrieved February 17, 2010, from Education Full Text database.