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  • The DMCA was enacted in October 1998 primarily to bring U.S. copyright law into conformity with provisions of two World Intellectual Property Organization treaties to which the U.S. is a signatory. --- prohibits devices designed to circumvent digital anti-copying protections.

Transcript

  • 1. Teaching Academy Certification
    Copyright and Plagiarism
    Christine Salmon, PhD
    Office of Educational Enhancement
  • 2. Objectives
    Define copyright
    Identify copyright infringement
    Evaluate materials for Fair Use
    Define academic integrity
    Recognize characteristics of plagiarism
    Design appropriate assessment methods
    Identify UT-Dallas policies
  • 3. Copyright!
    arghhhh!!!
    Source: www.cartoonstock.com
  • 4. Copyright and Fair Use
    Write down everything you know about copyright and fair use.
    In small groups, compare notes.
    Come up with a definition of “copyright”.
  • 5.
  • 6. Copyright and Fair Use
    CASE method
    opynd hare verything
    What do you know?
    Copyright Quizzes
    http://www.csus.edu/indiv/p/peachj/edte230/copyright/quiz.htm
    C
    A
    S
    E
  • 7. Copyright
    Test your knowledge!
    Work together and do questions 1 – 5 on the handout.
  • 8. Copyright?
  • 9. Copyright – the Law
    U.S. Code (17 USC, section 106 - 1976)
    Digital Millennium Copyright Act (1998)
    Technology, Education, and Copyright Harmonization (TEACH) Act (2002)
    Comparison of above - http://www.unc.edu/~unclng/TEACH.htm
    Federal Educational Rights & Privacy Act (FERPA)
  • 10. Copyright – What is it?
    Intellectual property protection for “…original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”
    Copyright Law of the United States (Ch 1, p8)
    http://www.copyright.gov/title17/
  • 11. Copyright?
  • 12. Copyright holders – exclusive rights to:
    Reproduction
    Adaptation
    Publication
    Performance
    Display
    Copyright – What is it?
    My Star
    My Star
  • 13. Copyright – When does it start?
    Does not require publication
    Does not require ©
    Does not require registration
    As soon as work is fixed
  • 14. Copyright – What is protected?
    Literary works
    Pictorial, graphic and sculptural works
    Motion pictures
    Audiovisual works
    Sound recordings
  • 15. Copyright – What is not protected?
    Facts
    Ideas not in fixed form
    Works produced by federal government employees
  • 16. Copyright
    Test your knowledge!
    Work together and do questions 6 – 10 on the handout.
  • 17. Copyright – UT System
    Faculty
    • Scholarly works related to field
    • 18. TeleCourse materials
    • 19. Joint ownership
    • 20. Works for hire
    Students
    • Subject to same rules for use
    • 21. Students own copyright in their works
    • 22. Graduate students & dissertation
    • 23. Graduate students and joint authorship
  • Copyright – What is it?
    Non-dramatic literary or musical work
    (excludes audiovisual works)
    Work uses dialogue and action to tell a connected story
    Work is “related” - not performed.
    Non-dramatic (full)
    Dramatic (portions)
  • Copyright – How long is it?
    Life of author
    plus 70 years
    Created on /after January 1, 1978
    Made for hire, anonymous
    Public domain – no copyright
    95 years from date of publication or 120 years from date of creation, whichever is shorter
  • 32. Copyright - Lawsuits
    “Kinko’s case” Basic Books, Inc. v. Kinko's Graphics Corporation, 758 F. Supp. 1522 (SDNY 1991)
    Kinko’s had copied materials representing 5 – 24% of works
    Did not prohibit coursepacks
    Did prohibit unlawful reproduction and sale of coursepacks – without copyright permissions
  • 33. Copyright - Lawsuits
    “Georgia State University case” – several publishers (2008)
    GSU “pervasive, flagrant and ongoing” distribution of copyrighted materials in digital form
    Electronic reserves, Blackboard/WebCT, online syllabi, servers
    Seeking injunction to stop, but no money
  • 34. Copyright – Lawsuits almost
    AAP (American Association of Publishers) – Cornell, Hofstra, Syracuse, Marquette Universities
    Concern with manner of providing copyrighted materials in digital format (e-reserves, faculty webpages, CMS)
    Resolved with jointly-drafted guidelines
    Cornell’s Guidelines
  • 35. Fair Use – Four Factors
    Purpose
    Nature
    Amount
    Effect
    Why are you using this work?
    What is the nature of the work?
    How much are you using?
    What is the effect on the market?
  • 36. Fair Use - Purpose
    Seek Permission
    Commercial
    Education
    Non-profit
    Personal
    Criticism
    Commentary
    News reporting
    Parody / satire
    CopyrightInfringement
    Fair Use
  • 37. Fair Use - Nature
    Seek Permission
    Creative
    Unpublished
    Consumable
    Factual
    Published
    Mix of fact
    and imaginative
    CopyrightInfringement
    Fair Use
  • 38. Fair Use - Amount
    Seek Permission
    Significant
    Entire work
    Small amount
    Non-essential
    CopyrightInfringement
    Fair Use
  • 39. Fair Use - Effect
    Seek Permission
    Harms the sale
    Are reasonably priced
    No effect on market
    CopyrightInfringement
    Fair Use
  • 40. Copyright – Fair Use
    Mediated instructional activities:
    Integral part of class
    Under supervision/control of instructor
    In a manner analagous to performance/display in live, F2F classroom
  • 41. Classroom Copying - Guidelines
    Multiple copies allowed (no more than per student) provided that copying:
    Meets test of brevity and spontaneity
    Meets test of cumulative effect
    Contains copyright notice
    Limits on amount copiable
    Time requirements
    Limits on instances of copying
  • 42. Copyright – Printed Materials
    Reproducing printed materials for use inclass:
    A book chapter
    An article from periodical or newspaper
    A short story, short essay, short poem
    A graph, diagram, chart, cartoon, drawing, picture from a book, newspaper, periodical
    Mediated instructional activities:
    • Integral part of class
    • 43. Under supervision/control of instructor
    • 44. In a manner analagous to performance/ display in live, F2F classroom
    Next 14 slides drawn from: Stanford University Copyright and Fair Use Overview
  • 45. BUT
    Copyright notice must be attached (each item)
    Copying must NOT replace textbook, workbook
    Must not charge more than actual cost of copying
    Must not exceed one copy per student
    Cannot copy texts, workbooks, standardized tests, etc created for educational use (consumables)
    1
  • 46. AND (Brevity test)
    Restrictions:
    Complete poem IF < 250 words
    Excerpt of no more than 250 (if longer poem)
    Complete article, essay, story IF < 2500 words
    Excerpt from prose of no more than 1000 words or 10% of entire work, whichever is less
    One (1) graph, diagram, chart, cartoon, drawing, picture per book, newspaper, periodical
  • 47. AND (Spontaneity test)
    Idea for copying derives from teacher, not administration
    Idea and copying must occur close in time – so close that no time for permission request and granting
  • 48. AND (Cumulative Effect test)
    Per class term restrictions – all of above, plus
    Per author
    One story, short poem, article, essay
    Two excepts
    Per collective work, periodical volume
    No more than three stories, short poems, articles, essays (or combination)
    Only nine (9) instances per course
  • 49. Copyright – Music
    Reproducing musicfor use inclass:
    Excerpts of sheet music, printed works IF
    Do NOT make a “performable unit” (entire song, section, movement, aria)
    Do NOT exceed 10% of entire work
    Do NOT exceed one copy per student
    Purchased copies can be edited IF fundamental character of work NOT distorted or lyrics altered
    Image from http://levysheetmusic.mse.jhu.edu/levy-browse.html
  • 50. AND
    Recording of a performance
    Single (1) recording for purposes of evaluation or rehearsal
    Institution or teacher can retain a (1) copy
    Sound recording owned by institution or teacher (tape, CD, cassette)
    Single copy IF for aural exercises, exams
    Institution or teacher can retain a (1) copy
    Must include copyright notice
    ♫♫
  • 51. BUT
    Instructor CANNOT copy:
    Sheet music, recordings to make compilation
    Sheet music, recordings for performances
    From “consumables” (texts, workbooks, etc.)
  • 52. Copyright - Television
    Recording network or cable shows:
    Keep copy for 45 days BUT use for instruction only first 10 days
    Played once by individual teacher for instruction
    After 10 days, use only for teacher evaluation (should we use it in curriculum? Yes – MUST obtain permission)
    After 45 days, recording MUST be erased
  • 53. AND
    Recorded only at request of instructor
    Used only by instructor
    No standing requests; no anticipated requests
    Copies only for individual instructor
    NO compilation
    Must include copyright notice
  • 54. Copyright – Digital Images
    Can digitize an analog image IF digital image not available at fair price
    Can display for lectures, scholarly presentations
    Institution can compile digitized images on secure network for students enrolled in class for review or directed study.
    Must include statement prohibiting: downloading, copying, retention, printing, sharing, modification
  • 55. Copyright – Digital
    CANNOT reproduce or publish images in publications (incl. scholarly publications)
  • 56. Copyright – Multimedia
    Students, instructors preparing MM works:
    MM = combination of music, text, graphics, illustrations, photographs, images, video
    For F2F instruction, directed self-study, remote instruction
    Only systematic learning activities at no-profit educational institutions
    Can use MM presentation up to 2 yrs after 1st use

  • 57. Copyright – Multimedia
    Portion restrictions:
    10% or 1000 words (whichever is less)
    No more than 3 poems by single author
    No more than 5 poems by different poets in an anthology
    Up to 10% or 3 minutes of motion media
    One (1) photo/illustration by single artist
    No more than 10% or 15 images (whichever is less) from collective work
  • 58. Copyright – Multimedia
    Portion restrictions:
    10% or 2,500 cell entries from database or data table
    Other restrictions:
    Only 2 copies of MM project, one of which can be on reserve
    Additional 1 copy for preservation (used only to replace stolen, lost, damaged original)
  • 59. Copyright
    Test your knowledge!
    Work together and do questions 11 - 15 on the handout.
  • 60. Your Turn
    In small groups, create at least 2 scenarios that you can use with your students to teach them about copyright and fair use.
  • 61. Copyright Resources
    TEACH Act Toolkit(North Carolina State University)http://www.provost.ncsu.edu/copyright/toolkit/
    UT System Crash Course in Copyright http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top
    UT System Intellectual Property Policyhttp://www.utsystem.edu/ogc/intellectualproperty/2xii.htm
    AAP (Association of American Publishers) Copyright - Rights and Permissions http://www.publishers.org/main/Copyright/copyPermission_01.htm?id=20
    Reproduction of Copyrighted Works by Educators and Librarians http://www.copyright.gov/circs/circ21.pdf
  • 62. FYI
    Creative Commonshttp://www.creativecommons.org
    PostYourTest.comhttp://postyourtest.com/
  • 63. Source: www.cartoonstock.com
  • 64. Source: www.cartoonstock.com
  • 65. Plagiarism and Cheating
    Source: www.cartoonstock.com
  • 66. Source: www.cartoonstock.com
  • 67. Let’s Talk …
    What is academic integrity?
    In small groups:
    discuss this question
    come up with a definition
    discuss how you would react to an instance of academic dishonesty
  • 68. Some quotes
    Integrity is telling myself the truth. And honesty is telling the truth to other people.
    -- Spencer Johnson
    Those who think it is permissible to tell white lies soon grow color--blind.
    -- Austin O'Malley
    Integrity -- When you do the right thing even though no one is watching.
    -- Anon
  • 69. One Definition
    Academic integrity is a commitment, even in the face of adversity, to five fundamental values: honesty, trust, fairness, respect, and responsibility. From these values flow principles of behavior that enable academic communities to translate ideals to action.
    Center for Academic Integrity
  • 70. What is Considered Academic Dishonesty?
    Brainstorm as may specific examples or types of academic dishonesty as you can.
    5 minutes!
    http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-maintainingintegrity.html
  • 71. What Does Academic Dishonesty Look Like?
    UTD – Examples
    http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-Basicexamples.html
    http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-maintainingintegrity.html
  • 72. What is Considered Academic Dishonesty?
    Cheating
    Fabrication
    Plagiarism
    Facilitating academic dishonesty
    Misrepresentation
    Failure to contribute to a collaborative project
    Sabotage
    http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-maintainingintegrity.html
  • 73. Plagiarism
    Types of plagiarism – sources not cited
    The Ghost Writer
    The Photocopy
    The Potluck Paper
    The Poor Disguise
    The Labor of Laziness
    The Self Stealer
    http://www.plagiarism.org/learning_center/types_of_plagiarism.html
  • 74. Source: www.cartoonstock.com
  • 75. Plagiarism
    Types of plagiarism –cited but plagiarized
    The Forgotten Footnote
    The Misinformer
    The Too Perfect Paraphrase
    The Resourceful Citer
    The Perfect Crime
    http://www.plagiarism.org/learning_center/types_of_plagiarism.html
  • 76. Source: www.cartoonstock.com
  • 77. Penalties
    Intention doesn’t matter
    Academic consequences
    Legal consequences
    Economic consequences
  • 78. Penalties
    UT-Pan American president accused, resigned
    InsideHigherEd.com, January 29, 2009
    Ohio University profs removed for failing to monitor students in plagiarism scandal
    InsideHigherEd.com, January 9, 2009
    Aide to Canadian PM, White House aide admits plagiarizing speech, resigns
    CNN Wed, October 1, 2008
    White House aide admits plagiarism, resigns
    CNN Fri, February 29, 2008
  • 79. Source: www.cartoonstock.com
  • 80. The Numbers
    2008 Report Card on the Ethics of American Youth – Josephson Institute http://charactercounts.org/programs/reportcard/index.html
    64% HS students cheated on exams
    35% HS students plagiarized
    2006 survey of academic honesty in graduate business schools The Chronicle: Daily news: 09/19/2006
    56% business students cheated
    47% non-business students cheated
    McCabe 2005
    40% students plagiarized (cut ‘n paste)
    77% didn’t believe plagiarism was serious offenses
  • 81. Source: www.cartoonstock.com
  • 82. Why do students cheat?
    "The real world is terrible…People will take other people's materials and pass it on as theirs. I'm numb to it already. I'll cheat to get by."
    "A lot of people think it's like you're not really there to learn anything. You're just learning to learn the system."
    A Cheating Crisis in America’s Schools
    http://abcnews.go.com/primetime/story?id=132376&page=1
  • 83. Why do students cheat?
    "There's other people getting better grades than me and they're cheating. Why am I not going to cheat? It's kind of almost stupid if you don’t…”
    "Everything is about the grade that you got in the class. Nobody looks at how you got it.”
    "You don't want to be a dork and study for eight hours a day. You want to go out and have fun."
    A Cheating Crisis in America’s Schools
    http://abcnews.go.com/primetime/story?id=132376&page=1
  • 84. Source: www.cartoonstock.com
  • 85. Why do students commit academic plagiarism?
    Intentionally:
    Unintentionally:
    Cultural understanding:
    • Searching v. Researching
    • 86. “But their words are better”
    • 87. Making the grade
    • 88. “But everyone else is doing it”
    • 89. Poor planning
    • 90. Citation confusion
    • 91. “I was just copying my notes”
    • 92. “I couldn’t find the source”
    • 93. I thought we didn’t have to quote facts”
    • 94. Confusion about expectations
    http://www.plagiarism.org
  • 95. Our Response - Helping Students
    Understand why students commit academic dishonesty
    Discussion and education
    Design assessments to reduce opportunity
    Use tools
  • 96. Preventing Plagiarism
    Explain what "plagiarism" means
    Explain why plagiarism is wrong
    Make the consequences clear
    Start off with clear expectations
    Assign specific questions or topics
    Require students to submit thesis statements, introductions, outlines, or drafts
    Discuss and educate
    http://www.plagiarism.org/learning_center/preventing_guidlines.html
  • 97. Preventing Plagiarism
    7. Have the students annotate their bibliography
    8. Assign oral presentations
    9. Require recent and printed sources
    10. Assign a paragraph on the composition process
    11. Encourage concision
    Designing assignments
  • 98. Educate Students
    Plagiarism Tutorial – University of South Florida
    http://www.cte.usf.edu/plagiarism/plag.html
    Plagiarism Court – You Be the Judge
    http://www.fairfield.edu/documents/library/plagicourt.swf
    writeyourowntermpaper.com(parody) – see especially the section on Humor
    http://www.baruch.cuny.edu/writeyourowntermpaper/
  • 99. Consider….
    Would you get on a plane if the pilot could work only half the controls?
    Would you buy a computer if it only had ¼ of the keys?
    Would you buy a textbook if it ended half-way through – in the middle of a sentence?
  • 100. Consequences
    Can affect your grade
    “Cheats” you of important skills
    Destroys equal playing field
    Affects reputation of school and institution
  • 101. Assessment/Activity Design
    Source: www.cartoonstock.com
  • 102. Assessment/Activity Design
    Use low stakes assessments (quizzes in place of or in addition to exams)
    Use iterative process (do drafts of papers, etc.)
    Use active learning assessments (problem-based learning; group activities)
    Use inventive assessment (not just what can be found in a book – apply this concept to a movie, eg.)
  • 103. Electronic Tools
    Turnitin.com (UTD license)http://www.turnitin.com
    WriteCheck (Turnitin for Students) http://writecheck.turnitin.com/static/home.html
    PlagiarismDetect.com (for students -free)http://www.plagiarismdetect.com/
    List of plagiarism detection services (incl. for software plagiarism)http://www.lib.umich.edu/acadintegrity/instructors/violations/detection.htm
  • 104. Your Turn
    In small groups, create at least 2 scenarios that you can use with your students to teach them about cheating and plagiarism.
  • 105. Resources
    Plagiarism.orghttp://www.plagiarism.org
    The Honest Truth About Cheating (NPR podcast about grad students) http://www.npr.org/templates/story/story.php?storyId=10033373
    Center for Academic Integrity (Clemson Univ) http://www.academicintegrity.org/
    Winning Hearts and Minds in War on Plagiarism http://www.insidehighered.com/news/2008/04/07/plagiarism