429. Intellectual property

YOUCAT Catechism + Catechism of the catholic Church Lesson 429

Ave Maria series

What rules apply to intellectual property?

The misappropriation of intellectual property is theft also.  [2408-2409]

"World copyright terms" by Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke.(Note: The United States now has“the life of the author plus an additional 70 years.)….. 429

How long does a copyright last?

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

YOUCAT Catechism + Catechism of the Catholic Church Ave Maria series is an educational online classroom. Its textbooks, photos and other illustrations fall under the fair use of a copyrighted work described as follows: “Notwithstanding the provisions of sections 106and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism comment, news reporting, teachingincluding multiple copies for classroomuse, scholarship, or research, is not an infringement of copyright.  In determining whether the use of a work in any particular case is a fair use the factors to be considered shall include—

(1)  The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 

(2)  The nature of the copyrighted work;

(3)  The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4)  The effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”

Not just plagiarism is theft.  The theft of intellectual property begins with copying other students’ work in school, continues in the illegal taking of materials from the Internet, applies to the making of unauthorized copies or trafficking in pirated copies in various media, and extends to business dealings in stolen concepts and ideas. Every acquisition of someone else’s intellectual property demands the free consent and appropriate remuneration of the author or inventor.

Plagiarism (from Latin plagiaries=kidnapper).  Plagiarism is the unauthorized and concealed appropriation of someone else’s intellectual property, which is made out to be one’s own intellectual achievement.

[2408-2409]

Respect for the goods of others

2408 The seventh commandment forbids theft, that is, usurping another's property against the reasonable will of the owner. There is no theft if consent can be presumed or if refusal is contrary to reason and the universal destination of goods. This is the case in obvious and urgent necessity when the only way to provide for immediate, essential needs (food, shelter, clothing . . .) is to put at one's disposal and use the property of others. (Compare Gaudium et Spes 69 § 1.)¹⁹¹–Catechism of the Catholic Church, Second Edition

2409 Even if it does not contradict the provisions of civil law, any form of unjustly taking and keeping the property of others is against the seventh commandment: thus, deliberate retention of goods lent or of objects lost; business fraud; paying unjust wages; forcing up prices by taking advantage of the ignorance or hardship of another. (Compare Deuteronomy 25:13-16; Deut 24:14-15; James 5:4; Amos 8:4-6.)¹⁹²–CCC

World copyright terms by Balfour