Using Borrowed Material - Essay Example

Using Borrowed Material Abstract The paper aims to analyze and provide strategic alternatives for the scenario that involves infringement of copyrighted material. The paper provides the facts, explains the problem, and identifies the factors that led to the problem, lists alternatives, evaluates the success of alternative and provides the possible result of the best alternative choice available. This paper, hence, aims to provide a more reasonable decision that would have been taken by the person in question to be at a safer and more stable position than opting for unpermitted use of copyrighted pictures. Introduction: Copyright material provides some rights to the person acquiring the licence under copyright laws. The material that is authorized to the person who owns it has the authority to permit or stop others from using it. It is an intellectual property of the original owner and permission must be obtained before using that material for any purpose regardless of the issues relating to its use e.g. urgency, relevance or compulsion. The case in question relates to the use of copyrighted pictures without prior permission and provides an evaluation of alternative choice that were available and more appropriate. Recap and analysis of facts: In the scenario in question, there are a few facts that are relevant to the act done by Sam Jones. The decision of Sam Jones to use copyrighted material was not an independent factor for using it. Time constraints also led him to use the material without ‘prior’ permission. Time limitation was the greatest fact that led to such a step. In addition, the scenario clearly explains the pressure and compulsion on him to do this unethical and undesirable activity of using copyrighted material without prior permission of the original owner of the photos. Determining the Problem: Copyrighted material is basically an intellectual property of the original owner of the material published. The copyright laws are connected to the copyrighted material and require every person to take permission before anyone uses the copyrighted material. ‘Prior’ permission to use the copyrighted material is mandatory or else the user of such material will be held liable for infringement (Zimberoff, 2002 p. 188-192). The problem in the above scenario is hence the credibility of the action done by Sam Jones. Was it reasonable and fair to use the material without obtaining permission beforehand? Was it a nice idea to contact the owner of the copyrighted material after using the material? Identifying the Problem Components: The limited time available to get the job done was of course the most alarming factor that indicated towards the problem. The clarification of Sam Jones’ to his boss about the need of permission and the reaction and reply of boss was the second component that directed Sam straight towards the problem. The threat of losing job was the third indication that the workload and pressure on Sam had to make him move towards this choice of using the copyrighted material without prior permission. We may say that these are the component parts of the problem and the problem would not have arisen if Sam was given an extension knowing the gravity of the issue. Moreover, if a more flexible attitude was shown by his boss, it is possible that Sam would have asked for a permission rather than taking a step. The threat of losing his job was just an additional factor that had put Sam in a more complex and helpless situation. Generating Alternatives: Was this the only possible solution to use the copyrighted material without permission? The answer may be ‘No’’. However, the scenario leaves a few alternatives available describing the situation in detail and explaining all the problems associated with the decision of Sam Jones. The first alternative was to use some faster way to communicate with the original owner. The scenario lacks defining the medium used or available to be used by Sam Jones. Hence other options that might be helpful must be considered. The other available alternative was to ‘resign’ clearly explaining the reasons of resignation. The last alternative was to ‘clearly’ explain the boss about the problem and laws that were relevant to the situation and copyrighted material. And if the boss still insists, do as he wanted Sam to do! Evaluating Alternatives: The first alternative as described above is to use a faster means of communication i.e. to use phone call, SMS or face-to-face meeting rather than using e-mails or sending a message on the message board of the website from where the material was taken. The other realistic alternative was to ‘resign’. This ‘resignation’ is of course not an emotional step but rather is a strategic tool to handle the boss. The scenario defines how important and urgent it was for the boss to get the work done and of course in such urgency he would not be able to let the worker leave. This alternative provides a better strategy to tackle with the situation. The only choice this alternative leaves for the boss is to provide an ‘extension’. Other probable solution was to explain the laws relating to such an act. However, the attitude shown by the boss does not leave any chances of optimistic result of this technique. Choosing the Best Alternative: The best alternative choice is of course to contact the original owner somehow and get the job done without creating any further complications. Since, there is no indication of the availability and use of the communication medium, the second alternative explained above is more realistic. The option to choose ‘resignation’ is a better solution as Sam Jones has experience and expertise as valuable assets for the company he is working for. The job loss may bring fewer troubles for him than for the company since he has been working as a freelancer for 3 years independently. However, the company is reliant on his work and needs his assistance. This alternative simply turns the whole scenario and makes the company in a more troublesome situation leading Sam to a better position than before. Implementation Plan: The implementation of the best alternative available is simple. The first step is writing a resignation letter with some diplomatic sentences to make clear that Sam is not willing to leave the job but for the unethical step he would require to take for the project, he is compelled to leave it. Clearly explain that you are ready to take all legal actions and have valid legal reasons for taking this step. This clarification and explanation may alert the company and keep them from taking any actions against you for not providing a notice period for employment discontinuation. The third and most important thing to be kept in view is the language! Language must be used in a respectful manner as Sam does not actually want to leave the job, it is just to make the boss understand his fault and get an extension. Alternative Choice: If the company accepts the resignation the only choice available is to offer them the work Sam has already done during this time and also tell them about the permission requested from the original owner or complete the project and explain the company how the permission was acquired and the way it is beneficial for the reputation of the company to acquire prior permission. Conclusion It is illegal to use copyrighted pictures or content without prior permission. Infringement is a legal and moral issue that is adhered to strict laws and legal actions (Engh, p. 360). The scenario discussed above must be viewed in the light of both legal and ethical aspects. It was objectionable and inappropriate to use copyrighted material even in the worst situations as provided by the scenario in consideration. The fact that the material used illegally was not broadcasted until after the permission was granted is the fortunate things that happened. However, if this was not the case it was reasonable to expect legal actions from the owner of the copyrighted pictures. Bibliography: Silliman, J. (June, 2007). Using "Borrowed" Material. In Santa Clara's University website. Retrieved January 26, 2010, from http://www.scu.edu/ethics/dialogue/candc/cases/borrowed.html. Zimberoff, T. (2002). Photography : focus on profit. New York: Allworth Press. Engh, R. (2003). Sell & re-sell your photos: Learn how to sell your pictures worldwide. Cincinnati, Ohio: Writer's Digest Books. Read More