This document discusses professional issues in multimedia development, including characteristics of a profession, copyright, and digital rights management. It defines a profession as requiring specialized training and education. Professionals have codes of ethics to guide their work. While multimedia development is becoming a profession, there is no direct code of ethics yet, though the Software Engineering Code of Ethics provides guidance. The document also summarizes US copyright law and exceptions like fair use. It describes challenges that digital media poses for copyright and how digital rights management systems aim to address these challenges.

1. CHAPTER TWELVE
PROFESSIONAL ISSUES
IN MULTIMEDIA
DEVELOPMENT

2. CHAPTER HIGHLIGHTS
• Definition and characteristics of a profession.
• Elements of a professional code of ethics.
• Copyright:
– Definition
– Rights
– Remedies.
– Challenges created by the digital revolution.
• Digital Rights Management
– Challenges and opportunities.
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3. CHARACTERISTICS OF A
PROFESSION
• An occupation that requires specialized
training or education.
– Preparation often involves an accredited program
of study.
– Continuing education is important to remain
proficient in the field.
• Professional associations formulate codes of
ethics for their members.
– Professionals have obligations to individuals they
serve and society at large.
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4. CHARACTERISTICS OF A
PROFESSION
• Professional associations have active role in
promoting and enforcing obligations of the
members.
• Professions are autonomous and self
regulating.
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5. MULTIMEDIA DEVELOPMENT
• Shares defining properties of a profession.
– Requires specialized knowledge and continuing
education in latest techniques.
– Members of the team often belong to professional
organizations.
– Educational standards are developing in college
and university programs as the field matures.
– The work of a developer may have significant
social consequences.
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6. PROFESSIONAL RESPONSIBILITY
• Code of ethics is a statement of obligations
and standards that define a practitioner's
professional responsibilities.
• No direct code of ethics for multimedia
developers yet, but the Software Engineering
Code of Ethics and Professional Practice
directly relates to the work of a multimedia
programmer and offers guidance to other
members of the team.
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7. SOFTWARE ENGINEERING
CODE OF ETHICS
• Organized as eight principles with a set of specific
obligations.
– Specific obligations identify course of action to fulfill
the principle's major obligation.
• Principles suggest obligations in several different
areas:
– Society at large
– Laws that govern practice
– Clients and employers
– Colleagues and subordinates
– Profession itself.
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8. GENERAL PRINCIPLES
ACM/IEEE CODE OF ETHICS
• The "Public" Principle:
"Software engineers shall act consistently with the public
interest."
• The "Client and Employer" Principle:
"Software engineers shall act in a manner that is in the best
interests of their client and employer, consistent with the
public interest."
• The "Product" Principle:
"Software engineers shall ensure that their products and
related modifications meet the highest professional
standards possible."
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9. GENERAL PRINCIPLES
ACM/IEEE CODE OF ETHICS
• The "Judgment" Principle:
"Software engineers shall maintain integrity and
independence in their professional judgment."
• The "Management" Principle:
"Software engineering managers and leaders shall subscribe
to and promote an ethical approach to the management of
software development and maintenance."
• The "Profession" Principle:
"Software engineers shall advance the integrity and
reputation of the profession consistent with the public
interest."
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10. GENERAL PRINCIPLES
ACM/IEEE CODE OF ETHICS
• The "Colleagues" Principle:
"Software engineers shall be fair to and supportive of their
colleagues."
• The "Self" Principle:
"Software engineers shall participate in lifelong learning
regarding the practice of their profession and shall
promote an ethical approach to the practice of the
profession."
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Complete ACM/IEEE Code is in the appendix section.

11. THE COPYRIGHT TRADITION
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– RIGHTS
– REMEDIES
– EXCEPTIONS

12. DEVELOPERS AND COPYRIGHT.
• Reasons multimedia developers need to
understand the copyright laws.
– They must guard against intentional or
unintentional violation of the rights of others.
– Developers must protect their own work.
– Developers must frame agreements with the
client to specify copyright ownership.
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Larry Lessig on Laws that Choke Creativity. TED 2007 talk

13. COPYRIGHT PROTECTION
• Copyright is a form of legal protection given to
creators of "original works of authorship."
– Purpose of copyright protection is cultural
advancement.
• Copyright differs from patent protection.
– Copyright applies to original or creative
expression.
– Patent protects original inventions.
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14. COPYRIGHT PROTECTION
• U.S. law protects any form of original
expression that is in fixed form.
– Work does not need to be registered.
– Notice of copyright protection is not necessary.
• "Works of original authorship" combined with
automatic coverage of works in fixed form
(including computer programs) means any content
created by another party is potentially
covered by copyright.
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15. COPYRIGHT PROTECTIONS
• Owner of a copyright has five major rights:
– To reproduce the copyrighted work.
– To produce derivative works.
– To distribute copies to the public.
– To perform the work publicly.
– To display the work publicly.
• Owner retains these rights unless specifically
transferred to another party.
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16. COPYRIGHT PROTECTIONS
• Protection is granted for set period of time.
– Works created after 1978 extend to life of creator
+ 70 yrs.
– Corporate rights extend 95 yrs. from date of
publication or 120 years from creation, whichever
comes first.
• Copyright registration is required if:
– Lawsuits are being filed for infringement.
– Statutory damages and attorneys' fees are
involved.
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17. COPYRIGHT REGISTRATION
• Registration:
– Provides evidence of copyright claim.
– Establishes basis for legal enforcement.
– Recommended in multimedia development.
• Infringement can lead to:
– Injunctions to prohibit further production and
distribution.
– Compensation for monetary damages.
– Statutory damages and criminal sanctions.
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Register copyright @ www.copyright.gov

18. COPYRIGHT EXCEPTIONS
• Public Domain
– Works for which copyright has expired.
– Works where it was never applied such as:
• Government documents
• Works not in fixed form.
• Fair Use
– A doctrine intended to advance important social
goals.
• Free and open press
• Education
• Research and scholarship.
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Conditions of Fair Use described in section 107 of U.S. Copyright Act.

19. FAIR USE CRITERIA
• Four criteria used to determine fair use:
– Purpose and character of the use.
– Nature of the copyrighted work.
– Amount and significance of the portion used.
– Effect of the use on the value of the work.
• Fair use is likely to be found for uses that:
– Are non-profit.
– Are factual rather than creative.
– Use small amounts of the work.
– Have little or no effect on the value or potential market of
the work.
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20. WORKS FOR HIRE
• Works that are produced under specific
direction of an employer and with the
employer's resources.
– Employer may own the copyright for works for
hire.
– Written agreements detailing copyright ownership
should be established by employer and employee.
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21. COPYRIGHT AND DIGITAL MEDIA
• Copyright law was developed in age of analog
media.
– Media was more difficult to copy and distribute in
analog form.
• Digital versions of media pose challenges to
traditional protections.
– Easy to copy in full fidelity.
– Editing tools easily generate derivative works that
are difficult to detect.
– Public display rights are threatened by Web
technologies.
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22. COPYRIGHT AND DIGITAL MEDIA
• Responses to preserving copyright and digital
media:
– Strengthen and improve enforcement of existing
legal protections.
– Develop new strategies within the digital media
itself to protect content.
• Digital Rights Management
–The application of digital technologies to the
management of intellectual property (IP).
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23. DIGITAL RIGHTS MANAGEMENT
• Applied to many forms of intellectual property
(IP) including:
– Patents
– Corporate reports and communications
– Creative works traditionally covered by copyright
(analog "legacy media")
– Original digital media.
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24. DIGITAL RIGHTS MANAGEMENT
• Contract law also protects creative works.
– Owners of creative works can sell a license to use
the product.
– End User License Agreements (EULAs) are popular
for software programs and in use with digital
books or "ebooks."
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25. USES OF DRM
• DRM has often focused on rights of content owners.
• Commonly used to control copying and accessing
digital content.
– Adobe "eBooks"
– Content Scrambling System (CSS)
– Audio CDs (Sony BMG)
– Music sold on the Web.
• Digital Millennium Copyright Act (DMCA) reinforced
DRM copy/access protections.
– DMCA also generated controversy.
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26. DIGITAL MILLENNIUM
COPYRIGHT ACT
• DMCA contains provisions that directly affect
the work of digital media professionals.
– Clarified permitted copying of digital media.
– Limited liability of ISPs for copyright infringements
by provider's users.
– Criminalized the circumvention of DRM controls.
– Outlawed the creation and distribution of any
technology, service, or device to circumvent the
controls.
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27. DIGITAL MILLENNIUM
COPYRIGHT ACT
• The DMCA has generated controversy:
– Potential abuse of copyright claims
– Limitations on fair use
– Discouragement of research
– Stifling of creative expression.
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28. Two Generations of DRM
• First Generation: a “prevent and protect”
strategy intended to limit access to, and use
of, digital media.
• Second Generation: a “respect and promote”
strategy to facilitate legal distribution and use
of digital media.
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29. Second Generation DRM
• Elements include (Iannella 2001; Van Tassel 2006):
• Rights description, validation, and record keeping
• Media access
• Trading
• Implementing/monitoring rights usage
• Tracking.
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30. DRM and Digital Watermarks
• Digital watermarks - alterations to a media file
that encode information about the file. For
instance:
– Copyright ownership
– Identity of creator
– Identity of purchasers of copyright.
• Used to enforce copyright but also may
support broader goals of “Second Generation”
DRM.
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31. Benefits of Second Generation DRM
• New compensation models for creators of
media (Magnatune)
• New methods of distribution (Weed)
• Less expensive, more efficient access to
copyright permissions
• More flexible permission and licensing
options.
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32. Promoting Second Generation DRM
• Creative Commons:
– Promotes sharing of creative works through web-
based licensing program.
• Six types of licenses
• Owners select terms of use they prefer.
– Goals:
• Share knowledge and creativity with the world
• Encourage creation of a common digital culture where
creative works are readily available for use by others.
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Learn more @: http://creativecommons.org/

33. Promoting Second Generation DRM
• Open Source Initiative:
– A standards body to promote development,
distribution, and maintenance of open source
software.
– Three key features:
• Free redistribution of software.
• Access to the source code for modification.
• Ability to create derivative works ,i.e. develop other
software based on the original source code.
– Open Source applications are free to download and
use.
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See www.opensource.org

34. The Age of Collaborative Creativity
• New thinking on creativity from users and
consumers.
– TED 2005 talk by Charles Leadbeater. The Era of
Open Innovation.
– TED 2005 talk by Howare Rheingold.
The New power of Collaboration.
• Steal this Film: movie on decentralization of
media production. Can be found on YouTube.
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35. WRAP UP
• Professions and Professional responsibility.
• Codes of Ethics and multimedia developers.
• Protecting intellectual property with:
– Copyright law.
– Patents.
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36. WRAP UP
• Exceptions to Copyright Protection
– Public Domain
– Fair Use
– Works for Hire.
• Challenges to copyright protection from digital
media.
– Digital Millennium Copyright Act (DMCA)
• Digital Rights Management
– Challenges
– Opportunities.
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37. KEY TERM CHECK UP
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