Intellectual Property Ethics

This is another case where young people behave better than they think they do: just one in five youth report accessing digital content illegally in the past twelve months,[i] preferring to get their online media from legitimate sources such as YouTube and iTunes,[ii] but only a third of Grade 10 students believe that it is wrong to do so.[iii]

There are four main reasons for this:

• The easy availability of unauthorized content online gives us less time to think about the ethics or possible consequences of accessing it;
• Digital media can make it easier not to feel empathy for the people affected by our actions;
• Social codes of youth culture, where streaming, sharing and downloading are the norm, [iv] can lead to kids thinking this isn’t a big deal; and
• There is a lot of confusion, among both youth and adults, of just what is legal and ethical when accessing online content. [v]

Part of the confusion comes from the fact that while some activities are clearly unethical (like illegally downloading movies), many common activities – such as writing fan fiction or using copyrighted music in a personal video – are less clear. As well, a significant number of young people say they often do not know whether the media sources they use are legitimate or not.[vi] 

To add to the challenge, most copyright law is too complicated for kids (and adults) and is still evolving in response to new technologies.

Respecting Intellectual Property Online

Given all these challenges, a much simpler and more manageable approach is to promote respect for the creators and copyright holders of online content. In other words, before we watch, listen to or play online media, we need to think about whether we’re doing this in a way that shows respect for the people who made it and own it.

To do this, we need to apply empathy. The challenge, however, is that kids may not feel empathetic towards media creators such as musicians or filmmakers – especially if they’re successful – and even less towards companies that own the copyright to what they’ve created.

It’s important to remind kids that to survive, artists, creators and makers need to make money. Given all the stuff that’s freely available online, if something isn’t free, it’s because the person who made it expects to get paid. Kids may think that cheating a media company is not the same as cheating a person,[vii] so we also need to explain that copyright is an important part of how artists and others who work in the creative community earn a living and is what allows them to keep making creative works. Remind kids that when an artist creates a work, they own it and they deserve to control what happens to it. We can also help kids understand that the sites that profit illegally from the creative works of others not only hurt the creators, but often pose a risk to the privacy and security of the individuals who use them.

The illegality of unauthorized downloading, streaming and distribution doesn’t seem to be stopping youth, or consumers in general. Instead of focusing on ‘the law,’ family rules can encourage kids to think ethically about using online content. Clearly communicating your expectations about respecting people who make or own online content reinforces that this is part of your family values. Unlike younger children, who are motivated heavily by a fear of punishment and a desire for rewards, teens are more motivated by a desire to fit in. This makes them look to group values to guide their morality, and if their family is not providing any guidance they’ll be influenced chiefly by peers and popular media.

How much do young people need to know about intellectual property? A good start is to know where and when you can use media legally and for free. Our tip sheet on Getting the Goods Ethically explains how this can be done through a growing number of legitimate sites and services, the public domain, Creative Commons and Fair Dealing exemptions, while our workshop Explore Online Shopping and Entertainment can help you find both paid and free sources of legitimate online content.

Looking at intellectual property from an ethical standpoint comes down to a simple concept: before watching, listening or playing online media, we need to think about whether we’re doing this is in a way that shows respect for the people who made it and own it. While copyright law may be complicated, we can teach young people the importance of treating content creators with respect in terms that they can understand:

1. Just because it’s online, doesn’t mean you can take it and use it; and
2. For things you are allowed to use, always give credit to the person or company who owns the copyright.

[i] (2019) 2019 Intellectual Property and Youth Scoreboard. European Union Intellectual Property Office. Retrieved from https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/IP_youth_scoreboard_study_2019/IP_youth_scoreboard_study_2019_en.pdf