Digital Copyright Case

[Calendar][Syllabus]

assignment deliverables include... audience date

Rhetorical Situation

Memo

instructor 2/14/02

Research for Supervisor (RES)

Memo

fictitious supervisor 2/26/02
Supervisor Response (SRM) Memo writer of RES that you receive 2/26/02

Client Letter

Business Letter

displeased client 3/5/02
Final Rhetorical Statement Letter instructor 3/5/02

Portfolio

Rhetorical Situation, Research Memo, Response Memo (one written to you), Client Letter,  Final Rhetorical Statement, peer reviews (if applicable); original drafts that instructor commented upon.

instructor
3/5/02
/350pts

Project Description

For this project you will be asked to adopt a position in a fictitious business, and write a series of documents that helps your company work through a complex problem. Therefore, you are expected to treat this case as a real situation. The case is purposely designed with some ambiguities; the purpose of these ambiguities is to give each student the opportunity to tailor his/her response to the project to his/her own expertise.

Project Goals

  • learn how to research and interpret texts that will help you and your company establish a legal or ethical position
  • learn how to use writing to clearly articulate a position
  • understand how the documents that you produce affect your company, as well as you and others outside the company
  • learn to negotiate your own ethical stance with the ethical stance of your company
  • learn how to negotiate your client's wants with your company's needs, as well as your own
  • plan and manage a short-term writing project in terms of drafting, designing, revising, and editing documents
  • learn to articulate the rhetorical choices that you make.

Context

You are fairly fresh out of college and your first job is with one of the few stable dot.coms that survived the dot.com crash, an organization called Peace and Prosperity Party (PPParty.com). As their mission statement explains the company primary goal is to make people aware of global issues. Therefore the web site supports many links to global current events, including crisis, celebrations, cultural descriptions, relief funds, and artistic exchange. PPParty.com generates most of its traffic and stockholder interest––in other words, financial support––from the sharing of MP3 files by World Music artists, artists mostly outside the music industry's mainstream. The original idea was to provide a medium for unknown World Music artists to distribute their music. However, the owners of PPParty.com realized that they must also offer the downloads of known World Music Artists––those closer to the mainstream––especially since recent analysis shows that these artist account for over 50% of the hits on this site. You have also heard rumors that the site is considering expanding to support foreign film distribution––both "studio produced" and "homemade"––once the technology is available to widely support the transfer of these digital files.

Your responsibility at PPParty.com is to do the work that you were hired to do (you will want to choose this based upon what your major at Purdue will prepare you for). Yet as with many first jobs, you have other business communication responsibilities. Therefore, in this position, you are also the liaison between artists from a region of the world and PPParty.com.

Recently, a famous musical artist from the region that you represent has written a letter to your company, expressing displeasure with the "free distribution" of his/her work. Furthermore, this artist has requested that you stop the distribution of his/her work because of the recent court rulings against such file sharing services as MP3.com and Napster.com. Since PPParty.com is structured differently than these other companies who solely focus on the distribution of music, the owners are wondering what digital copyright laws apply to PPParty.com and which do not. The owners are also wondering if different set ups like Morpheus Audio Club or Gnutella may offer better alternatives to the current set up. Ultimately, the owners are worried that any concessions that PPParty.com makes to this displeased artist will set a precedent that other artists will follow and eventually ruin the company.

Because of all of the changes in copyright laws since the 1998 Digital Millennium Copyright Act, and the recent court rulings, your bosses have asked you to research digital copyright laws in the United States, the country that the displeased artist is from, and other international contexts. Based upon this research, they want you to draft a viable recommendation of action for them. After you pose a recommendation to your superiors and they respond to it, you will be asked to write a business letter to the artist explaining PPParty.com's course of action.

Rhetorical Situation

The purpose of the writing the a Rhetorical Situation statement is twofold. First, it allows you as the writer the opportunity to provide yourself the context that will determine how you will write the following documents. The second purpose is to provide the readers of these documents with contextual details that influence how they understand the following documents.

As you will notice from the context of this case, there are some ambiguities (e.g., the global region that you represent, the position that you hold at PPParty.com, the nation from which the displeased artist comes from, the gender of the artist). The purpose of these ambiguities is to give the individual writer working on this case the opportunity to tailor the case to a context that will best replicate the writer's future career goals, as well as give the writer the opportunity to use her/his own expertise as a resource. Therefore, you are responsible for constructing the missing details of the case. In other words, you will explain such details as what your specific position is, and what region you represent. You will use these details to guide research and rhetorical choices later in this project.

Memo

In 500 word memo make a statement about how you are going to construct this case. This is your opportunity to be creative, but you are also establishing the parameters for your writing context. While constructing your rhetorical situation, you need to, at the very least, address the following points.

  • what is your job title in this company? (choose something related to your major) and what
    responsibilities would someone with this job title do as a regional liaison?
  • what region of the world do you represent? (this can be one country or a cluster of countries) what are some cultural differences that may affect how you respond to an audience in this country?
  • describe the displeased artist. (you may choose a living artist from the region that you chose or you can create a fictional artist) how will this description affect how you can respond to the artist?

You are encouraged to fill in any other details that will help you make this project as real life as you can and make it suitable to understanding a career based upon your major.

Grading Criteria

  • make a viable assumptions; in other words, base your assumptions upon the real world
  • construct a detailed scenario
  • demonstrate an understanding about how the assumptions that you made will affect your research and writing
  • follow the conventions of a memo
  • for the portfolio revise the information to note any developments that you have made over the course of this project; make sure that you note these changes in the Final Rhetorical Statement, as well.

Research Memo (RES)

Your first responsibility is to understand the legality of the situation and develop a recommended course of action for PPParty.com. Since your company is based in the United States and your client is paying attention to US court cases on digital copyright, you should start by understanding the local laws:

However recent court cases have put these laws into action; record companies and music artists have taken companies services like MP3.com and Napster.com to court. In response, lawyers from MP3.com and Napster.com have developed viable strategies for defending their clients, and tried to create fair settlements. Yet they have also tried to subvert the capitalistic system as well. Therefore, you will want to do research on some of these recent court cases to understand how these laws are being interpreted and applied.

To do this research go to the library and also use search engines to find both primary texts (these are the actual court proceedings) and secondary texts (texts about the court proceedings), but remember that secondary texts can be biased depending upon who writes and publishes them. While doing this project use or combine some of the following terms (this is not a comprehensive list):

  • digital copyright laws
  • court cases
  • Napster
  • MP3
  • Morpheus
  • Gnutella
  • RIAA

or specific court cases (again not a comprehensive list):

  • MP3Board v. RIAA
  • UMG Music et al. v. MP3.com
  • RIAA v. Napster
  • A & M Records v. Napster
  • Metallica v. Napster, Yale, USC, Indiana U.

Additionally, since your client in producing and recording music outside of the US, the client may be subject to the copyright laws of the client's own country. Therefore you will want to understand what US laws say about international copyright laws and what the copyright laws in the client's country are. Again use a search engine and go to the library.

The Research

Since there is a lot of information about this case, you should work collaboratively to research this case. In order to successfully complete the case, you should...

  • read through Digital Millennium Copyright Act individually
  • divide the Title 17 readings among your group
  • have each individual find one text about recent court cases or recent advancements in MP3 software, and summarize it for the group
  • have each individual find one text about international copyright laws, and summarize it for the group

Memo

For this memo, your supervisor will be the audience. The purpose of the memo is to recommend a plan of action that is based on the research that you have conducted; therefore the memo will also include a justification for this plan of action. Portions of the justification can be visually presented. Your supervisor will read the memo and respond to your proposal. You will then use your proposal and supervisor's response to draft a letter to the client.

The document should comply with the techniques for writing a memo.

Grading Criteria

For this deliverable, you need to

  • make a viable proposal about how the company should respond to the displeased client
  • negotiate between the needs of your client, the needs of PPParty.com, and, of course, your own needs
  • justify your proposal by making references to legal texts and other researched material
  • consider the ethics of the writing situation
  • follow the conventions of a memo

Supervisor Response Memo (SRM)

Now that you have written a research memo, you will want to get a response from your supervisor that will guide how you draft a letter to the client. For the purpose of this class, your peers will act as your supervisor, just as you will act as one of your peers' supervisor.

On the day that you turn in your research memo, you will send the assigned peer. When you receive your peer's memo, read through it carefully. Then use the rest of the class to compose a response to your peer. In this response, you want to take on the persona of a supervisor; therefore the peer who has sent you this memo becomes your employee. From the position of a supervisor (not a peer reader) you will provide your assessment of your employee's research memo and state what you want your employee to do when s/he drafts a letter responding to the client.

The document should comply with the techniques for writing a memo.

Grading Criteria

For this deliverable, you need to

  • respond to the employee's research memo
  • provide new legal and/or ethical insight that will help the employee draft the letter to the displeased client; use knowledge from your own research to guide this response
  • give the employee a course of action for drafting this business letter
  • follow the conventions of a memo

Business Letter

For the Business letter you are responsible for responding to the client's letter requesting to be removed from PPParty.com's playlist. At this point, you have several factors you must consider when responding to this letter:

  • the legality of the situation: what do various laws say you must do? which laws will you prioritize?
  • the ethics of the situation: what action best allows you to do the most good for all parties involved?
  • the owner's response: what has your supervisor told you to do?
  • your response: what do you want to see happen? how will you be affected personally?

As you draft a letter to the client, you will need to negotiate between all four of these factors to determine how you will respond. In the response, you will need to address and justify PPParty.com's position on the client's digital copyrights, and explain PPParty.com's course of action.

Because the final letter that you wrote is addressed to the client, it may not clearly demonstrate the decisions that you made when negotiating between the three factors stated above. Therefore, remember that you can use the revision of the Final Rhetorical Statement to explain to the instructor any decisions that you made when drafting this letter.

The letter should comply with the techniques for writing a business letter.

Grading Criteria

For this deliverable, you need to

  • construct a viable response that states PPParty.com's position about your client's request
  • negotiate between the law, the client's request, your supervisor's response, and your own position
  • make references to the law only when it is appropriate
  • demonstrate an ethical position that neither harms the client, not PPParty.com
  • follow the conventions of a business letter


Final Rhetorical Statement

For the portfolio, you will want to write a letter to the instructor that explains all of the decisions that you made on the other documents in the portfolio. Therefore, this revision will include...

  • a 200-500 word statement explaining the decisions that you have made on the other documents in this portfolio. Think about this as an opportunity to talk to the instructor about how this reader should read your portfolio. So you may want to focus on explaining some writing decisions that the instructor may think is unusual, or if you have chosen to ignore some of the instructors' comments on previous drafts of an assignment or "the supervisor's" comments, use this opportunity to explain your reasons.
  • address the letter to:

Kevin Eric De Pew
English Department
1356 Heavilon Hall
Purdue University
West Lafayette, IN 47907

Grading Criteria

  • anticipate the rhetorical decisions that the instructor may question
  • clearly explain the decisions that you made using the principles of writer, audience, purpose, and situations to guide your discussion
  • follow the conventions of a business letter

Last Updated 2.10.02