Protection

Understanding Copyright (Law)

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Welcome to the second post my #CopyrightEdu series (also written in submission as an assignment to my Creative Commons Certification class – which by the way is so exciting!)

So I play the guitar, but not quite like Charmant – he plays, but has invested significant effort into a creative project – a music album! Whatever his motivation for doing this, did you know that at the time creatives like Charmant are making new works of art like music, or maybe poetry, it may not be clear to them that there is such a thing called automatic copyright – and it likely restricts most reuses by others without their permission? What if you knew upfront, would it change the way you create? or the rules under which you might want to copyright your work?

Copyright law, even though it varied from one country to another, just like traffic laws, is very integral to our lives – specifically creating limits on how others may use the original works of creatives. It establishes the basic terms of use that apply automatically to original works, giving the creator or owner of copyright certain exclusive rights while also recognizing that users have certain rights to use these works without the need for a license or permission.

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Your Dead Child’s (or Spouse’) Facebook

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Every piece of your life, can potentially be found on Facebook. Your child’s birth photos, from right in the womb, to their sweet 16th birthday are all there. Trips to Antigua and check-ins to the Mall, everything freely shared with that sneaky prompt, “What’s on your mind?”

And then, if you live in Kampala, as I do, chances are a boda-boda, or some other necessary evil, will take the life of your innocent child or spouse or parent or sibling.

Then… Whats on your mind? Well, why not review (and maybe even re-live) the online life of your dearly departed.

Not so fast – last week, a Berlin Court issued an order that barred parents of a deceased gal from obtaining access to her Facebook profile and its records. Facebook accounts, by their very nature, are personal. As this Reuters article notes, the secrecy of correspondence protects not just the child, but also the people who she spoke with, and their privacy must be protected.

The child’s Facebook account  must be a relic of sorts, and rightly so the parents probably want to lock this away or perhaps search it for their own closure. But the people she communicated with, if they are still alive, have their own right of communication privacy. Should familial curiosity override this? I am sure this was a difficult decision for the court to make, but I think their ruling is reasonable.

I remember growing up when dairies had not just yet been replaced by blogs that the given notion was: never read one that isn’t yours. If you are the parent of a young person, you know what it means to know less than 1% of their life. And that was when you lived on a ranch and wrote in diaries. In the information age, that life is spread thinner on at least 3 different social platforms, many of them allowing digital photography.

As a parent of a soon-to-become-teenager, I know that I should be involved in and educating their digital life. I don’t mean to be intrusive, but present. I need to know and be aware of online dangers and things like cyber-bullying, cyber-stalking, or abusive/dangerous/suspicious messages. I need to educate my kids about these dangers, and even advocate for such education/training in their schools. At home, of course it helps to create an environment of trust and dialogue where my children will feel comfortable telling me about their challenges.
On the other hand, when we go to a medical professional to better treat our ailments, sometimes we give up very personal details, stuff that might even be considered evil in the regular (or cultural) domain. One would argue that to this extent parents should consider entering into the privacy of our children in order to prescribe the best remedies.
I agree. Parents should be allowed to go into the privacy of their children precisely and only in a framework of prevention, counseling.
Well, what’s on your mind?