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Legal Issues for Using Technology in the Classroom

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Rachel Mayhew

on 9 December 2014

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Transcript of Legal Issues for Using Technology in the Classroom

Procedures for securing copyright:
What is it?

"The copyright act prevents the unauthorized copying of a work of authorship. Only the copying of the work is prohibited - anyone may copy the the ideas contained within a work. It is no longer necessary to place a copyright notice on a work for it be protected by the copyright law" (Tysver, 1996-2013).
Copyright Law
Fair Use
"Fair use is an exception to the exclusive protection of copyright under the American law. It permits certain limited uses without permission from the author or owner. Depending on the circumstances, copying may considered "fair" for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research" (Library of Congress, n.d.).
Tips for following legal guidelines for Fair Use in the classroom
More information related to Copyright and Fair Use
Tips for teachers for following legal guidelines
Where do teachers get copyrighted materials?
By: Rachel Mayhew
Legal Issues for Using Technology in the Classroom
Creative Commons
Creative Commons "is a nonprofit organization that enables the sharing of and use of creativity and knowledge through free legal tools" (Creative Commons, 2001-2012).
Tips for following guidelines for Creative Commons in the classroom
More information about Creative Commons and Copyrighting
References and Resources
"Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date" (Together we Teach, 2000).
For example, the sheet music in the left hand corner is copyrighted because it is a fixed copy of a song someone has created.
school library or public library
workbooks and other teaching materials
online (as long as the materials include a copyright and a reference
teacherspayteachers.com is "where teachers can buy, sell, and share original educational materials in downloadable formats. Teacher can also buy/sell hard goods, both "teacher-created" original works as well as used educational resources" (Teacherspayteachers, n.d.)

To determine whether a specific use is "fair", courts are required to consider the four following factors:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
the nature of the copyrighted work;
the amount and sustainability of the portion used in relation to the copyrighted work as a whole (is it long or short in length, that is, are you copying the entire work, as you might with an image, or just part as you might with a long novel) and;
the effect of the use upon the potential market for or value of the copyrighted work. (Library of Congress, n.d.)
There are 5 principles that, in the use of copyrighted materials in the media literacy education, fall under the fair use guidelines. "These principles apply to all forms of media. Depending on the instructional goal, educators may use materials designed for entertainment, and for persuasive or advocacy purposes. Educators' and students' fair use rights extend to the portions of copyrighted works that they need to accomplish their educational goals" (Center for Media and Social Impact, 2014).
Employing copyrighted material in media literacy lessons
. Educators can use illustrative materials from copyrighted sources and make them available to learners.
Employing copyrighted material in preparing curriculum materials.
Educators can integrate copyrighted materials into curriculum materials including podcasts, videos, websites, books, dvds, and other materials designed for learning.
Sharing media literacy curriculum materials.
Educators using techniques of media literacy should be able to share effective examples of teaching about media and meaning with one another, including lessons and resource materials.
Students use of copyrighted materials in their own academic and creative work.
Educators should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work.
Developing audiences for student work.
Educators should work with learners to make a reasoned decision about distribution that reflects sound pedaogoy and ethical issues.

(Center for Media and Social Impact, 2014)
They have free, easy-to-use copyright licenses that provide a way to give public permission to share and use your creative work - on the conditions of your choice. The licenses are not an alternative to copyright but they work alongside it. You can modify your copyright terms by changing the default from "all rights reserved" to "some rights reserved".
Examples for finding creative commons materials

Go to creativecommons.org find the section labeled "Explore" and click the button that says 'Find CC licensed works' enter a search you can click the boxes on the right hand side to 'use for commercial purposes' or 'modify, adapt, or build then click on the specific search engine where you want to find content

Go to google, and click on settings click on advanced search expand "usage rights" all the way at the bottom then click on the option 'free to use or share' then click Advanced Search and type in your keywords for content

Click to zoom in on picture
Click to zoom in on picture
Examples for using Creative Commons:

Adding images to powerpoints, blogs, visuals and other teaching materials to enhance student learning. You will still have to cite these images.
Create videos on youtube with creative commons. "YouTube allows users to mark their videos with a CC. These videos are then accessible to YouTube users for use, even commercially, in their own videos via the YouTube video editor. Attribution is automatic under the CC By license, meaning that any video you create using creative commons content will automatically show the source videos' titles underneath the video player" (Google, 2014).

Education World. (1996-2014). Copyrights and Copying Wrongs. Retrieved December 7, 2014, from http://www.educationworld.com/a_curr/curr280a.shtml
Center for Media and Social Impact. (2014). The Code of Best Practices in Fair Use for Media Literacy Education. Retrieved from http://www.cmsimpact.org/fair-use/related-materials/codes/code-best-practices-fair-use-media-literacy-education#general
Common Sense Education. (2014, September 5). Copyright and Fair Use. Retrieved from
Creative Commons. (2001-2012). About. Retrieved from http://creativecommons.org/
Google. (2014). Creative Commons. Retrieved from www.support.google.com/Youtube/answer/2797468?hl=en
Library of Congress. (n.d.). Copyright and Primary Sources. Retrieved December 7, 2014, from www.loc.gov%2Fteachers%2Fusingprimarysources%2Fcopyright.htm
Motivational Learning. (2013, November 5). Creative Commons and Copyright information. Retrieved from
Teachers Pay Teachers. (n.d.). TeachersPayTeachers.com - An Open Marketplace for Original Lesson Plans and Other Teaching Resources. Retrieved from http://www.teacherspayteachers.com/
Together We Teach. (2000, December). Copyright Basics. Retrieved from http://www.togetherweteach.com/Resources/copyright_basics.htm
Tysver, D. A. (1996-2013). Copyright Law in the United States. Retrieved from http://www.bitlaw.com/copyright
Wikipedia. (2013, July 4). Public Domain Guidelines. Retrieved December 7, 2014, from https://wiki.creativecommons.org/Public_Domain_Guidelines
Click the link below to listen to the definition of Copyright Law:
Click the link below to listen to the definition of Fair Use:
Click the link below to listen to the definition of Creative Commons:
All tangible creative works are protected by copyright immediately upon creation
Quoting or crediting the author of a copied work does not satisfy copyright requirements
When in doubt about either the copyright status of a work or the appropriateness of your use of that work, get permission
Most software, including freeware, is not in the public domain
A good way to determine whether a multimedia resource is copyright protected or in the public domain is to relate it as closely as possible to a print resource
(EducationWorld, 1996-2014)
These examples are considered "fair":
copying reasonable portions of longer works for your class
copying a timely article when its unreasonable to expect a rapid reply to a request for permission
copying a graphic or image to display in your lessons
1. Provide original source information.
2. Show respect for the original work.
3. Preserve public domain marks and notices.
4. Protect the reputation of authors and providers.
5. Contribute discoveries back.
6. Share knowledge.
7. Maximize a work's potential.
8. Support efforts to enrich the public domain.

**Always give credit where credit is due**
(Wikipedia, 2013)
Copyright Marsia16, Dreamstime.com
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