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Fair Use, Copyright and Internet Ethics for Teachers and Students; Guidelines for Educational Media

Introduction to ethical and legal issues for teachers studying education and educational technology
by

K Vigil

on 25 January 2013

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Transcript of Fair Use, Copyright and Internet Ethics for Teachers and Students; Guidelines for Educational Media

Copyright Fair Use How/when do students and teachers credit the source of acquired media? Plagiarism Mr. Smith wants to read To Kill a Mockingbird with his inner-city freshmen but the school can’t afford the books.

He finds the text online and copies the chapters for those who don’t have computers. Questions About Copyrights

What are your limitations as user and owner?
How do copyrights affect educational multimedia?
How can teachers and students use the web without infringing on copyrights?
Is it the responsibility of teachers and/or parents to make sure that students are aware of copyright laws? What is Copyright?

Copyright is a protection that covers published and unpublished literary, scientific, and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form.

Copyright laws grant the creator the exclusive right to reproduce, prepare, distribute, perform and display derivative works publicly.

Copyrights expire and the works become part of the public domain. Exemptions from Copyright

The following are not protected by copyright:

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, (but written or recorded descriptions, explanations, or illustrations of such things are protected by copyright)

Works that are not fixed in a tangible form of expression, such as an improvised speech or performance that is not written down or otherwise recorded

Works by the US government

www.copyrightkids.org Public Domain (USA)

All compositions that are not protected under copyright law are in the public domain. This means you can arrange, reproduce, perform, record, or publish it. 

Works created after 1/1/1978 will become part of the public domain upon the death of the longest surviving author plus 70 years. The earliest possible Public Domain date for these is 1/1/2048.

Works registered before 1/1/1978 will become PD 95 years from the date copyright was secured.

Works registered before 1/1/1923 are in the public domain.

More information: Cornell Site
http://copyright.cornell.edu/resources/publicdomain.cfm The "Fifth" Fair Use Factor:

Are You Good or Bad? Mary is found with her laptop in the girls’ bathroom copying from SparkNotes before her summary of a scene from Shakespeare is due. John turns in a well-written report with some information clearly gained from Internet sources, but no citations. Cindy goes to a birthday party and receives as a “party favor” a CD with the birthday girl’s favorite hits. Mr. Fields had a paid subscription to an educational video website that expired, but he finds a back-door way to enter and use the site free. Susie loses the CD that came with her college textbook, so she asks Frank to lend her his so she can make a copy. Mr. Jones finds an amazing PowerPoint and handout online that he uses in his class without including any citations that the students can see. Hector finds the perfect song to play in his slide presentation for a class project, so he downloads it from a peer-to-peer site. Public vs. Public Domain

There is a common misconception among students and teachers that “available to the public” means the same thing as “in the public domain” Barbara wants to do a musical with her middle school students but can’t afford the rights; so she finds the script online and uses a karaoke CD to put on the performance. Types of Media and Permissible Amounts

The Fair Use Guidelines for Educational Multimedia contains portion limits that follow those of the 1976 print copyright law. These are cumulative to each course, each semester. In other words, if students or educators do more than one multimedia project for a course, then the limits apply for all projects.

Additionally, the Guidelines specifically exempt K-6 grade students from adhering strictly to portion limits. These limits promote creativity among students, giving a resounding “no” to the student who wants to combine photographs from one art book, poems by one poet, and a song to “create” a multimedia project. Instead, it requires more research to develop a theme from among different media and a wider variety of creators. Printed Material for Multimedia

Must be from a legally acquired copy
Poem less than 250 words; 250 word excerpt of poem greater than 250 words
Articles, stories, or essays less than 2,500 words

Excerpt from a longer work (10 percent of work or 1,000 words, whichever is less)
One chart, picture, or cartoon per book or per periodical issue
Two pages (maximum) from an illustrated work less than 2,500 words (e.g. a children’s book) Illustrations and Photographs for Multimedia

Includes photographs, illustrations, and collections of photographs or illustrations

Check that older illustrations in the public domain are not part of a collection of works still under copyright

Images on the Internet may be downloaded for student projects and teacher lessons

A single work in its entirety

No more than 5 images by a single artist

From a collection, not more than 15 images or 10 percent (whichever is less) Video in Multimedia

Includes videotapes, DVDs, Blu-ray, Laserdiscs, Multimedia encyclopedias, QuickTime movies, video clips from the Internet

The material must be a legal copy and legitimately acquiredMust give proper attribution to copyright holder

Video can be downloaded for use in multimedia educational projects

10 percent or three minutes (whichever is less) of “motion media” Music for Multimedia

Includes records, cassette tapes, CDs, audio clips on the Web

Project must have an educational purpose

Sound files may be downloaded for use in multimedia educational projects





Up to 10% of a copyrighted musical composition may be reproduced, performed, and displayed

A maximum of 30 seconds per musical composition can be used Stanford University
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/index.html

Copyright Video:
Copyright Clearance Centerhttp://216.183.190.29/

Copyright Kids
http://www.copyrightkids.org/

Copyright and Fair Use Guidelines for Teachers
www.techlearning.com

copyright symbol: http://nrvdistrict13.org/nrvd13/CopyRightSymbol.gifhttp://nrvdistrict13.org/nrvd13/CopyRightSymbol.gif

Turn it in graphic:
http://www.whatjamiefound.com/2007/03/30/students-suing-anti-plagiarism-service-turnitin/

Fair use poster:
http://www.ala.org/ala/issuesadvocacy/copyright/FairUsePoster.jpg

Video clip art
http://www.andreauger.com/Documents/Image/video.gif

Music clip art
http://www.sodhouserecords.com/store/images/categories/music&mac_icon.gif

Mashroom image - Used under CC
http://www.flickr.com/photos/factoryjoe/447642743/

Wicked Interview
http://www.musicalschwartz.com/wicked-musical-themes.htm

Rainbow picture - Used under CC
http://www.flickr.com/photos/homer4k/263070945/

Garbage Pail Kids
http://www.imisstheoldschool.com/wp-content/uploads/2009/12/garbagepailkids3.jpg

Constitution image
http://www.wankery.net/delible/img/constitution_patents.jpg

Public Domain Clip Art
http://www.clker.com/cliparts/4/2/0/c/11954452301922936529public_domain_icon_blue_01.svg.hi.png

Privacy image used under CC
http://openclipart.org/image/800px/svg_to_png/20072/faltantornillos_Watching_the_watchmen.png

Classroom used under CC
http://openclipart.org/image/800px/svg_to_png/38197/58294main_The.Brain.in.Space-page-47-kids-classroom.png

Facebook babies used under Fair Use
http://gawker.com/5805209/why-not-let-little-kids-on-facebook

COPPA info
http://www.enotes.com/childrens-online-privacy-protection-act-1998-reference/childrens-online-privacy-protection-act-1998

Glacier from Wikimedia Commons and used under GFDL license
http://commons.wikimedia.org/wiki/File:PeritoMoreno011.jpg

Copyleft from Wikiemdia Commons and used under GFDL
http://commons.wikimedia.org/wiki/File:Copyleft.svg Permission is Required When…

Using copyrighted works in educational multimedia projects for commercial reproduction and distribution.
Replicating and distributing multimedia projects.
Using a multimedia project for a period of longer than two years.
Using educational media as a means of instruction over the internet if the site is not password-protected. Best Ways to Use Materials Responsibly

1. State the purpose of your site as educational, as this will help illlustrate Fair Use.

2. Use copyright-free materials whenever possible.
* Self-created
* Public Domain
* Creative Commons

3. If you must use a copyrighted source:
* Follow limitations under Fair Use
* Add a clear description and live link in your
* References page.
* Add the Copyright symbol.

4. Ask permission if the use will go beyond Fair Use guidelines.

5. Discuss these issues with your students and train them to follow the legal and ethical guidlines! What is Fair Use?

A legal principle that provides certain limitations on the exclusive rights of copyright holders.In addition to educational uses, Fair Use laws allow some use of copyrighted material for the purpose of comment/criticism and parody.

http://www.adec.edu Mrs. Bianco needs one more copy of a computer software program for a new student, so she has someone in the district IT department make her a copy. Make your own materials and encourage your students to do the same! References! Fair Use Chart for Teachers

http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/TeacherCopyright_chart.pdf Copyright, Fair Use and Plagiarism in the Digital Age Copyright Quiz
http://fairuseandcopyright.weebly.com/copyright-quiz.html Case Study
http://fairuseandcopyright.weebly.com/case-study.html Creative
Commons Plagiarism vs. Patchwriting http://www.indiana.edu/~wts/pamphlets/plagiarism.shtml#original Schwartz was happy to speak about the ways he peppered his score with homages to Harold Arlen, who wrote the music for the movie The Wizard of Oz. "What I thought was amusing (and I wondered if people would get it, and of course people did), is that it's the first seven notes of 'Over the Rainbow.'" He played from the section from "The Wizard and I" with the lyrics "Un-li-mi-ted, my fu-ture..."


"The reason that that's a joke is because according to copyright law, when you get to the eighth note, then people can come and say, 'Oh you stole our tune.' And of course obviously it's also disguised in that it's completely different rhythmically. And it's also harmonized completely differently so that it's not [he plays the familiar opening phrase]...It's over a different chord and so on, but still it's the first seven notes of 'Somewhere Over the Rainbow'." Article I, Section 8, Clause 8 of the United States Constitution, known as the "Copyright Clause," empowers the United States Congress:

“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." What do you own when you buy a CD, DVD or Digital Copy?

Can you copy it?

Can you sell it to a friend?

Are your rights different than if you bought a paperback? http://search.creativecommons.org/ http://www.google.com/advanced_image_search http://sunplanetmoon.weebly.com/references.html <iframe width="420" height="315" src="http://www.youtube.com/embed/io3BrAQl3so" frameborder="0" allowfullscreen></iframe> Responsible Use
of Online Materials A student teacher in a university School of Education uses a copyrighted image from the web when she develops a web site for her classroom. She receives a "cease and desist" letter from a lawyer demanding that the picture be removed from the site or she will face legal action for Copyright infringement. Privacy Students at
Your School:
No names!
No faces! COPPA (1998) Under the Children's Online Privacy Protection Act it is unlawful for an operator of a commercial Web site or online service that targets children, or knowingly collects their personal information, to gather such information without:

incorporating a detailed privacy policy that describes the information collected from its users;
receiving verifiable parental consent;
offering parents an opportunity to revoke consent and have personal information deleted;
limiting collection of personal information from children participating in online games; and
establishing reasonable procedures to protect the confidentiality, security, and integrity of any personal information collected from children. For your sites:

No contact forms
No embedded applications that ask for student information
No links to games that require registration or any input of student information 7.5 million FB users under 13
35% of parents allow children under 13 to get an account













Dear Mr. Smith,

I took the photograph of X that you used on your website. Ref: http://example.comThe photograph is copyrighted. It may not be used without payment and without permission.

I ask that you remove it immediately.As you may be aware, copyrighted photographs are protected from Internet piracy by the Digital Millennium Act. There are criminal and civil penalties for infringement.

I gather that you are connected with Boston University. Please send me your address so that I can send you an invoice for the unauthorized use of my photograph. Dear Ms. Vigil:

Thank you for removing my photograph from the website -- however by then a lot of damage had been done.

My photo was clearly marked as copyrighted. There could be no possible use of this photograph for educational purposes. I make my living as a photographer and when my work is put on a website such as yours, others feel free to use it for their own purposes.

It cost me thousands and thousands of dollars to go to X to take that photo and others. What happened with this photo has repercussions for me.
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