1. In this case study, a copyright violation could be perceived according to Section 106(3) of the Copyright Law of 1976. This section specifies that the owner of the copyright has the exclusive right to distribute copies of the work to the public by sale. In this case, the alleged copyright holder, who sent the cease and desist letter, does not own the copyright. Rather, the teacher who created the graphics is the legal copyright holder because according to Hobbs' book, "A work is automatically copyrighted at the moment of creation, as long as it exists in a fixed, tangible form." (16)
2. The pro for the teacher presenting her graphics was helping her colleagues as well as the students they would teach. The con was the risk of someone stealing the work she had created. The pro for the alleged copyright holder was to have legal rights to the work and to receive credit in the text for the images. The potential con is that the original creator would not allow this to happen, and could sue for legal copyright.
3. From a business perspective, the alleged copyright holder is obviously trying to make a profit, and therefore there is a copyright violation present. He or she is also after the recognition of having created the images. This can be contrasted to the teacher who created the graphics, who simply wanted to help her colleagues and students.
4. Since this case study has taken place in an educational setting, we can see that "taking the high road" is simply sharing your ideas for educational purposes and the scholarship of your students, without seeking personal gain or profit. In this instance, there has been a copyright violation on the part of the alleged copyright holder, who was impersonating the real copyright holder and stealing her work. Unfortunately, the real copyright holder may have to go to court in order to defend her work.
5. As a future teacher, I cannot wait to have colleagues! I think making friends with my co-teachers is going to be a wonderful experience. However, it would be heart-breaking to have formed those bonds and then to have one of them betray my trust in such a way. I hope to be inspired and uplifted by my colleagues--not cheated by them.
Yes, in this case, the one who originally created the work did not want to go to the trouble to enforce her copyright and simply developed new material. It was disappointing for her, though, as you indicate it would be for you.
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