Legal+and+Ethical+Issues

== Chapter 13: Legal and Ethical Issues

13.1 Introduction 13.2 Copyright Considerations 13.3 Fair Use 13.4 Using Unbiased Language
 * Table of Contents**

=13.1 Introduction=

Students sometimes fail to consider the legal or ethical issues when writing or editing research papers. Because research often requires incorporating or adapting previously published content that is owned by another individual or group. A basic understanding of fair use, copyright considerations, and other legal ethical aspects of research would help ensure academic integrity. This section highlights the legal and ethical matters that are most relevant to students.

=13.2 Copyright Considerations=

13.2.1 Overview
Copyright laws prohibit the unauthorized use of any original work. The work must be a tangible expression (e.g. document, music compilation, movie) in order to be protected by copyright laws (Auer 247). //Chicago Manual of Style// explains that any work that is fixed in some tangible form is automatically covered by copyright protection as soon as it expressed; copyright registration is not necessary.

Modern Language Association (MLA) notes that regardless of whether a student decides to register a copyright, it is good practice to place a copyright notice in a visible place within the document (Gibaldi __MLA Style__ 40-41). The copyright notice should contain:
 * One of the following: the word //Copyright//, the copyright symbol //©//, or the abbreviated //Copr.//
 * The year the work was published
 * The name or abbreviation of the copyright owner.

//Examples:// Copyright 2008 ElliotMedia © 2008 ElliotMedia Copr. 2008 ElliotMedia

Limited use of copyrighted material without permission is allowed under the principle of fair use. As long as the material is not intended for publication or commercial use, and the amount of copyrighted material is proportionate to the work, copyright laws will not be violated (Auer 249-253).

13.2.2 Permissions
Written permission by the copyright owner (e.g., author, publisher) is needed to reproduce any copyrighted material. Materials not intended for publication (e.g., assignments written for instructors or classmates) generally do not require permissions (Auer 245; Gibaldi //MLA Style// 45).

Master’s thesis or doctoral dissertation could potentially be published. Permission should be requested from the copyright holders for any material incorporated into their documents goes beyond fair use (Auer 245).

13.2.2.1 Unpublished materials
Although unpublished materials do not hold a registered copyright, copyright laws still protect authors. When necessary, authors should be contacted to obtain permission to reproduce any unpublished work, and follow the same guidelines used for published works (American Psychological Association 355).

13.2.2.2 Public domain
Materials in the public domain are not protected by copyright laws and may be used or reprinted without permission (proper citation is still required) (American Psychological Association 332; Auer 246). Examples of public-domain works include:
 * Material previously copyrighted but the copyright protection has expired and unable to be renewed
 * Materials written or produced by U.S. government employees or agencies

13.2.2.3 Copyrights for theses and dissertation
Doctoral candidates are typically required to publish their dissertations through University Microfilms International (UMI). Graduate school guidelines give students the option, but strongly recommend, registering theses and dissertations with the Copyright Office at the Library of Congress. Doctoral students may submit applications on their own, or UMI will submit student applications for a fee. Master’s candidates are responsible for registering their own copyrighted material (Auer 245).

13.2.2.4 New Media
The Internet has become an invaluable resource for students, and familiarity with and use of the Internet has grown substantially. The World Wide Web is a network in which individuals can expose their creativity and knowledge, and this virtual environment brings to light a whole new set of copyright issues.

Organizations such as [|Creative Commons] seek to find a balance between creative control and exploitation in the name of innovation, creativity, and intellectual advancement.

//For more information:// Visit the Creative Commons Web Site at [|www.creativecommons.org] to learn more about copyright issues involving new media.

13.2.3 Obtaining Permission
To obtain written permission of published works, begin by contacting the publisher directly. It may be necessary to track down the author if, for example, the book is out of print or the publisher is no longer in business. If the publisher has gone out of business, or the book is out of print, you’ll need to trace the author by doing a copyright search.

The Library of Congress's [|U.S. Copyright Office], whose web site is an exceptionally comprehensive resource for all matters of copyright laws, guidelines, and how-to's, has a searchable online catalog of all documents, books, art, and music registered since January 1, 1978. Works registered prior to that date will need to be researched manually. The Copyright Office can conduct a search upon request for a fee. There is no charge to do a search in person.

Another excellent source of copyright definitions and guidelines is the University of California's [|UCCopyright] site, which offers detailed procedures for obtaining permissions, guidelines to fair use and public domain, and links to additional resources. In addition, it provides several forms and sample letters of request for permission to use copyrighted material.

13.2.4. Obtaining Permission for Scholarly Works
When the use of material from a master's theses or doctoral dissertation extends beyond fair use (see section 13.3copyright holders for any material incorporated into their documents goes beyond fair use (Auer 245). [|NJIT's Electronic Theses & Dissertations Project], an online catalog of more than 1,400 works by NJIT students, makes it simple to access and request permission from their authors. Works can be searched by author, advisor, major, title, or year. Here is a sample entry (links are deactivated):

The technical communication industry : a study of today's job requirements in the United States © 2003, January ETD number: njit-etd2003-003
 * Conte, Maria, MS**

__Contact the author?__

13.2.5 Plagiarism
Sources used in research should be appropriately acknowledged. Sources of direct quotations as well as ideas that are paraphrased must be documented. Presenting another person’s ideas or work as your own without clear documentation or acknowledgment is plagiarism (Gibaldi //MLA Handbook// 66). See also Quotations.

//For more information:// See MLA Handbook for Writers of Research Papers, 6th Edition, Chapter 2.

=13.3 Fair Use=

13.3.1 Introduction
According to the U.S. Copyright Office,

"the 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: 'quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being ported."

In simpler terms, fair use describes the circumstances in which rights are granted for the use of copy written material without permission, usually in the form of materials used for cultural, social or educational benefit. [|Section 107]of the U.S. Copyright Law contains a list of such circumstances, which includes news reporting, commentary, scholarship, and research.

13.3.2 Fair Use of Online Material
Material found on the web is considered protected by same copyright laws that protect books, articles, and music. However, because online publishing is a relatively new medium, laws defining fair use of these materials are evolving. In general, web content that is available for free falls in the realm of fair use--provided it is not used for profit or in conjunction with advertising--since the author is not deprived of income. Rude advises prudency when distributing or even linking to material found online, and recommends obtaining permission in cases where fair use laws may not apply (386).

The same applies to online scholarly material. In early 2010, NJIT announced its affiliation in the [|Open Course Consortium](OCW), joining more than 200 educational institutions around the world in providing free, universal access to high-quality educational materials. The collaboration, to which NJIT has contributed materials from 30 courses to date, is used by students, teachers, and the public at large, including those in underdeveloped nations.[|The Center for Social Media at American University's School of Communications] offers a guide to best practices in determining fair use of OCW materials.

 =13.4 Using Unbiased Language=

13.4.1 Overview
Objectivity is preferred. Language that could be misconstrued as biased should be avoided. Biased language also negatively affects the writer's credibility as readers might take offense to or be distracted by what has been written (American Psychological Association 61-66). Examples of bias in language are outlined in this section.

13.4.2 Disabilities
Language that labels individuals by their disability and use of emotionally impartial expressions should be avoided (American Psychological Association 67).
 * **Before Editing** || **After Editing** ||
 * The hospital holds support groups for AIDS patients. || The hospital holds support groups for individuals living with AIDS. ||
 * The facility should be reconstructed because it is not accessible for individuals confined to wheelchairs. || The facility should be reconstructed because it is not accessible for individuals who use wheelchairs. ||

13.4.3 Gender
Language that could be considered sexist or stereotypical should be avoided. Gender should only be specified if necessary for clarity (American Psychological Association 66-67).
 * **Before Editing** || **After Editing** ||
 * The instructor should consider the needs of his students when developing the syllabus. || An instructor should consider the needs of his or her students when developing the syllabus. ||

Another possible solution would be to recast the sentence using a plural pronoun to refer back to the subject.
 * **Before Editing** || **After Editing** ||
 * The instructor should consider the needs of his students when developing the syllabus. || Instructors should consider the needs of their students when developing the syllabus. ||

Eliminating the pronoun all together is another way to ensure gender neutrality.
 * **Before Editing** || **After Editing** ||
 * If the student misses the final exam, he will fail the course. || Students who miss the final exam will fail the course. ||

13.4.4 Racial/Ethnic Identity
Preferred designations for ethnic and racial groups should be considered. Descriptors used to identify a group should be precise (American Psychological Association 67-68).
 * **Before Editing** || **After Editing** ||
 * In clinical studies, the drug was less effective in Oriental and other Non-White women. || In clinical studies, the drug was less effective in Asian, Hispanic, and African American women. ||

//For more information:// //The Publication Manual of the American Psychological Association//, 5th Edition, Chapter 2, offers guidelines to reduce bias in language as well as a list of other references to consult.


 * WORKS CITED **

American Psychological Association. Publication Manual of the American Psychological Association. 5th ed. Washington, D.C.: APA, 2001.

Auer, Jeffery J. “The Rules of Copyright for Students, Writers, and Teachers.” //Communication Education// 30 (1981): 245-255.

//Chicago Manual of Style Online//. 15th ed. 2007. University of Chicago Press. 3 Mar. 2008 []

Gibaldi, Joseph.//MLA Handbook for Writers of Research Papers//. 6th ed. New York: MLA, 2003.

---. //MLA Style Manual and Guide to Scholarly Publishing//. 2nd ed. New York: MLA, 1998.

//U.S. Copyright Office//, “Fair Use.” Lib. Of Cong. Web. 31 Mar. 2010. []