Are You Legal? Copyright & Plagiarism in the Classroom

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  • 1. Are you legal? Glenn Wiebe ESSDACK glennw@essdack.org ©2007
  • 2. Sticky ideas?
  • 3. Copyright is not the enemy / Fair Use is your friend
  • 4. You’re probably breaking the law but you’re not going to jail
  • 5. There is a lot of stuff out there you can use
  • 6. www.socialstudiescentral.com
  • 7. This presentation contains copyrighted material used under the educational fair use exemption to U.S. Copyright law.
  • 8. Michael Mukasey lawyer
  • 9. Glenn Wiebe Michael Mukasey not a lawyer! lawyer
  • 10. CopyRight / CopyWrong • <www.csus.edu/indiv/p/ peachj/edte230/copyright>
  • 11. Copyright myths
  • 12. If it doesn’t have a notice, it’s not copyrighted
  • 13. If it doesn’t have a notice, it’s not copyrighted It’s not really a crime so I can’t get in trouble
  • 14. If it doesn’t have a notice, it’s not copyrighted It’s not really a crime so I can’t get in trouble Everything I copy for class is Fair Use
  • 15. If it doesn’t have a notice, it’s not copyrighted It’s not really a crime so I can’t get in trouble Everything I copy for class is Fair Use If I don’t charge for it, it’s okay
  • 16. If it doesn’t have a notice, it’s not copyrighted It’s not really a crime so I can’t get in trouble Everything I copy for class is Fair Use If I don’t charge for it, it’s okay The Internet is Public Domain so I can use anything I find on the Internet
  • 17. Copyright truths
  • 18. “There is no such thing as true intellectual property; there is only temporary permission to control an idea.”
  • 19. The law is designed to “ . . . promote the betterment of society by encouraging the creation of, and the public’s access to, useful works.”
  • 20. Copyright protects the creator of a “creative work” • A unique way of expressing something • Requires only a minimum amount of creativity • Does not include facts or broad ideas
  • 21. A creative work is any original work that is in tangible form: • Photos • Web site • Arrangement of facts • Music • Story
  • 22. The creator has the right to: • Reproduce, sell, or distribute work • Publicly perform and display work • License work • Create derivative works • Control who else may copy the work
  • 23. What could happen? • $250 -10,000 per infringement / misdemeanor or felony Who’s liable? • Teachers Media Specialists • Administrators BOE
  • 24. Copyright List-Serv <www.umuc.edu/cip/listserv.html> A Visit to Copyright Bay <www.stfrancis.edu/cid/ copyrightbay> The Copyright Web Site <www.benedict.com>
  • 25. Copyright and Fair-Use in the Classroom <www.umuc.edu/library/copy.html> American Library Association <www.ala.org/ala/washoff/ WOissues/copyrightb/ copyright.htm> Copyright for Kids <www.copyrightkids.org>
  • 26. What web sites can you share?
  • 27. Fair Use
  • 28. The law does allow some use without specific permission: • To criticize / comment • To write news articles • For research / scholarship • To practice parody
  • 29. Law says: • Limited copying is in the best interest of society • When used correctly, “the fair use of a copyrighted work . . . is not an infringement of copyright.”
  • 30. Allows “use of a work in a reasonable manner” if: • Brevity • Amount used • Spontaneity • When and how often used
  • 31. Reasonable manner?
  • 32. Is the work protected? • Works that lack originality • Works in the Public Domain • Government works • Facts
  • 33. Do you wish to “exercise” one of the owner’s rights? • Make a copy or a derivative work • Distribute / publish a copy • Publicly perform or distribute the work
  • 34. Is your use exempt from liability? • Fair Use
  • 35. What is the nature of the creative work? • Published vs. unpublished? • Out of print vs. available? • Factual vs. artistic?
  • 36. Purpose for using the creative work? • Commercial? • Educational? • Non-profit?
  • 37. Effect on potential market? • Does the work appeal to the same audience as the original? • Does the new work contain anything original? • Is it putting money in your pocket or taking from owner’s?
  • 38. How much are you using? How often? • Does the amount you use exceed a reasonable expectation? • Are you using the work more than once? • Are you using the quot;heartquot; or quot;essencequot; of a work?
  • 39. Huh?
  • 40. No easy answers • Use the checklist in your packet to help you decide
  • 41. What is one question you have? What’s one specific classroom situation you are concerned about?
  • 42. Remember: • The words may & might! • All guidelines are subject to bias • Just court precedents
  • 43. Remember: • Be careful of the percentages • % of use is not the same as % of impact
  • 44. What can be copied for scholarship?
  • 45. • A chapter from a book
  • 46. • A chapter from a book • An article from a periodical or newspaper
  • 47. • A short story, essay, or poem
  • 48. • A short story, essay, or poem • A graphic from a book, periodical, or newspaper
  • 49. What can be copied for face-to- face instruction?
  • 50. • A poem of 250 words or less / 250 words from a longer poem • Articles, stories or essays that are 2,500 words or less
  • 51. • Excerpts up to 1,000 words or 10 percent of the total work • One graphic per book or per periodical issue
  • 52. Music, lyrics, and music video: • 10 percent of the work or 30 seconds from an individual musical work • “Emergency clause” for performances
  • 53. Illustrations or photographs: • Five images or less from one artist or photographer • No more than 10% or 15 images from a collection
  • 54. Broadcast television • Show for 10 days & kept for 45 • “face-to-face instruction” Cable television • Not under the same guidelines • Use Cable in the Classroom • <www.ciconline.org>
  • 55. Video • No restrictions • Must be “legally obtained” • “face-to-face instruction” • Purchase performance rights for entertainment purposes
  • 56. Whadda’ you got?
  • 57. Technology in Education & Copyright Harmonization Act • <www.lib.ncsu.edu/scc/legislative/ teachkit> • Covers online / distance learning
  • 58. Lawfully obtained copy Can’t change format Part of systematic to prevent ease of instruction digital copying Copyright policies in Solely for students place officially enrolled Must “protect” Fair Use still applies copyrighted materials
  • 59. So what to do?
  • 60. Use permission templates
  • 61. Use permission templates Check “terms of use”
  • 62. Use permission templates Check “terms of use” Cite your usage
  • 63. Use permission templates Check “terms of use” Cite your usage Purchase what you want to use
  • 64. Use permission templates Check “terms of use” Cite your usage Purchase what you want to use Use something else
  • 65. Government web sites are considered public domain
  • 66. Government web sites are considered public domain Create a district or building copyright policy • <www.bham.wednet.edu/ technology/copyrightpolicy.htm>
  • 67. Style Sheets for Citing Internet & Electronic Resources • <www.lib.berkeley.edu/TeachingLib/ Guides/Internet/Style.html> Citing Internet & Electronic Resources • <www.mlb.ilstu.edu/ressubj/subject/ intrnt/citeweb.htm>
  • 68. How to Cite a Web Resource • <www.tekmom.com/cite/index.html> Citation of Sources • <www.yahooligans.com/tg/ citation.html> Automatic Citation Machine • <citationmachine.net>
  • 69. BibMe.org EasyBib.com NoteStar • <notestar.4teachers.org> carols_67501
  • 70. Music Copyright WebQuest • <www.edgerton.k12.wi.us/ms/ Webquest> 6th Grade WebQuest • <www.hazelwood.k12.mo.us/ ~jdarnell/webq>
  • 71. Kathy Schrock • <school.discovery.com/ schrockguide/referenc.html> Copyright Lessons • <lrs.ed.uiuc.edu/wp/ copyright-2002/lessonplanfaqs.html>
  • 72. What might be some examples of Fair Use in the classroom? • 20 Question Fair Use Quiz
  • 73. It’s the Friday before Christmas break and you have two more hours to kill . . . uh . . . use for educational purposes. You and other teachers bring your classes together to watch Pocahontas.
  • 74. The Wichita Eagle printed a story yesterday that fits your present class topic. You make enough copies for all of your students to use today.
  • 75. A student steps on a new software CD and breaks it. You purchase a new CD and the principal tells you to make a copy of it and all of the other CDs you have.
  • 76. You want students to have access to material from several different books but not the whole book. You photocopy those pages that you want to use into a “course packet” and sell them to students as the textbook.
  • 77. You cut and paste a Mickey Mouse digital logo from the Disney web site and after “blowing it up” with a projector, use it on a class bulletin board that encourages reading.
  • 78. One of your students “rips” a song from a music CD he owns and uses it in a PowerPoint project. You place the project on the school web site for others to see as an example of quality work.
  • 79. Copyright Quizzes • Kent School District • <www.kent.k12.wa.us/KSD/IT/ wwwdev/tests/T_F_Quiz.htm> • CyberBee • <www.cyberbee.com/ cb_copyright.swf>
  • 80. Copyright Quizzes • Copyright for Kids • <www.copyrightkids.org/ quizframes.htm> • CopyRight / CopyWrong • <www.csus.edu/indiv/p/peachj/ edte230/copyright>
  • 81. Flickr Creative Commons • <flickr.com/creativecommons> Wikipedia Commons • <commons.wikimedia.org> Creative Commons • <creativecommons.org> • <commoncontent.org>
  • 82. Podsafe Music • <music.podshow.com> Public Domain Music • <www.pdinfo.com> Public Domain Photos • <www.pdphoto.org>
  • 83. Public Domain Art, Books, Images, Links • <www.princetonol.com/groups/iad/ links/clipart.htm> Pics4Learning • <www.pics4learning.com>
  • 84. Multimedia Resources for Educators & Students • <www.uen.org/curriculum/ multimedia_resources.shtm> Freefoto • <www.freefoto.com>
  • 85. Plagiarism is happening at your school
  • 86. You can detect it
  • 87. It can’t be prevented but you become a better teacher
  • 88. Jerry Scott & Jim Borgman 2007
  • 89. Jerry Scott & Jim Borgman 2007
  • 90. The top 10 jobs predicted for 2010 didn’t exist in 2004
  • 91. There are over 150 million people using social networks
  • 92. more China has gifted kids than we have kids
  • 93. A seven year-old signed a six figure endorsement deal to play professional video games
  • 94. So what?
  • 95. “Today’s students are no longer the people our educational system was designed to teach.” Marc Prensky
  • 96. Stand and find two other people: • Assuming kids are different, how might that affect how you teach? How might that affect how students learn? • Does plagiarism really happen?
  • 97. Any good war stories?
  • 98. HS cheating / copying jumped from 58% to 97% from 1969 to 1989 80% of college-bound students admit to cheating / 95% don’t get caught 38% of HS and college students report using the Web to cheat
  • 99. Turnitin.com ©2004
  • 100. Turnitin.com ©2004
  • 101. Helen Keller 1892 Colin Powell 2003 Jayson Blair 2003 Alex Haley 1976 Wichita KS pastor Kansas City Piper 2004 2001 Kaavya Stephen Ambrose Viswanathan 2002 2006
  • 102. Paper due by next week • What to do!? • Google search / cut & paste
  • 103. Questions for discussion
  • 104. Schoolsucks.com Paper Mill List • <www.coastal.edu/library/ presentations/mills2.html> Specific Content Paper Mills • <www.coastal.edu/library/ presentations/mills5.html>
  • 105. From Latin plagiarius meaning “kidnapper of slaves”
  • 106. From Latin plagiarius meaning “kidnapper of slaves” Roman poet Martial extended its meaning; “to steal text”
  • 107. English writer Ben Johnson introduced word to English language
  • 108. English writer Ben Johnson introduced word to English language Only in the last 100 years has academic world really focused on “plagiarism”
  • 109. Problem? What is it!? • “I’m not really sure but I’ll know it when I see it!” • In the margin of your packet, write your definition
  • 110. Problem? What is it!? • “I’m not really sure but I’ll know it when I see it!” • In the margin of your packet, write your definition Share your definition with someone near you
  • 111. “When students submit work purporting to be their own, but which in any way borrows ideas, organization, wording or anything else from another source without appropriate acknowledgement of the fact, the students are guilty of plagiarism.” University of Kentucky 1998
  • 112. Are there different types?
  • 113. Fraud - willfully submitting work done by someone else
  • 114. Patchwriting - using words / phrases from a source text and patching them together into new sentences
  • 115. Failure to cite - not acknowledging sources
  • 116. Failure to quote - not providing quotation marks for direct quotation
  • 117. Failure to quote - not providing quotation marks for direct quotation Rebecca Moore Howard University of Maryland
  • 118. Cryptomnesia
  • 119. Cryptomnesia • “Source memory” failure
  • 120. Cryptomnesia • “Source memory” failure • Remembering without being aware we're remembering
  • 121. Cryptomnesia • “Source memory” failure • Remembering without being aware we're remembering Richard Marsh University of Georgia
  • 122. But why!?
  • 123. Lazy • It’s easier to copy!
  • 124. Lazy • It’s easier to copy! Lack of time / planning • Work outside school, class load, home situation
  • 125. Lazy • It’s easier to copy! Lack of time / planning • Work outside school, class load, home situation Fear of failure • “My skills aren’t good enough, so only way to pass the class”
  • 126. Competition / Grades • Scholarships, college admissions, jobs, parental pressure
  • 127. Competition / Grades • Scholarships, college admissions, jobs, parental pressure Lack of knowledge • We shouldn’t assume
  • 128. Competition / Grades • Scholarships, college admissions, jobs, parental pressure Lack of knowledge • We shouldn’t assume Lack of enforcement • Few clear & consistent policies, fear of parents / publicity / poor evaluation
  • 129. What are signs of plagiarism?
  • 130. Mark Pett ©2000
  • 131. Writing style, vocabulary, word choice, tone, etc doesn’t “sound like” the student
  • 132. Writing style, vocabulary, word choice, tone, etc doesn’t “sound like” the student Older citations, inactive web sites
  • 133. Writing style, vocabulary, word choice, tone, etc doesn’t “sound like” the student Older citations, inactive web sites References to charts, graphs, etc that are not included
  • 134. Writing style, vocabulary, word choice, tone, etc doesn’t “sound like” the student Older citations, inactive web sites References to charts, graphs, etc that are not included “Metadata” doesn’t make sense
  • 135. Formatting: • Strange text at the top / bottom • Gray letters in the text indicating a hyperlink • Web address of “paper mill” in last paragraph • Page numbers, headings, spacing from web browser
  • 136. Writing style changes within the paper or assignment
  • 137. Writing style changes within the paper or assignment Dated references (i.e., “Last month, the US lost 345 men in Vietnam.”)
  • 138. Writing style changes within the paper or assignment Dated references (i.e., “Last month, the US lost 345 men in Vietnam.”) Student can’t provide copies of citations
  • 139. Writing style changes within the paper or assignment Dated references (i.e., “Last month, the US lost 345 men in Vietnam.”) Student can’t provide copies of citations Student can’t create simple outline of work
  • 140. Others?
  • 141. Challenges / Benefits?
  • 142. Becomes an enforcement issue rather than an educational one Student intellectual property issues Effectiveness?
  • 143. Think about student intent • Think like a teacher, not a judge
  • 144. Think about student intent • Think like a teacher, not a judge iKids?
  • 145. Think about student intent • Think like a teacher, not a judge iKids? Cultural differences?
  • 146. Refer to district policy Talk with other educators Don’t take it personally! • But take responsibility
  • 147. “You Be the Judge” <www.fairfield.edu/documents/ Library/plagicourt.swf>
  • 148. “You Be the Judge” <www.fairfield.edu/documents/ Library/plagicourt.swf>
  • 149. “You Be the Judge” <www.fairfield.edu/documents/ Library/plagicourt.swf> In groups of two, read the supplied texts
  • 150. Let’s go back to “war stories” • What could be done to prevent reoccurrence? • Who is responsible for fixing it?
  • 151. Idealistic • Talk about ethics & character
  • 152. Idealistic • Talk about ethics & character Realistic • Design high quality assignments
  • 153. Make sure district policy is clear and available!
  • 154. Make sure district policy is clear and available! Educate parents
  • 155. Make sure district policy is clear and available! Educate parents Clearly define plagiarism & intellectual property with examples
  • 156. Make sure district policy is clear and available! Educate parents Clearly define plagiarism & intellectual property with examples Practice citation with students
  • 157. Make sure district policy is clear and available! Educate parents Clearly define plagiarism & intellectual property with examples Practice citation with students Write across the curriculum
  • 158. Don’t encourage younger students to copy from sources
  • 159. Don’t encourage younger students to copy from sources Assign work that is age appropriate
  • 160. Don’t encourage younger students to copy from sources Assign work that is age appropriate Go to web “paper mills” with your students
  • 161. Focus on the process of learning • Data / information / knowledge • Require rough drafts of sections / final copies due different times • Require copies of sources • Require annotated bibliography • Have students do “meta-writing”
  • 162. • Assignments must be specific
  • 163. • Assignments must be specific • Quality design • “Working on the work” • Engaging / stimulating / challenging
  • 164. What does the “perfect” plagiarism proof assignment or assessment look like? •Things to think about: • Time Resources • Who How • What
  • 165. “Build beautiful cathedrals” - Doug Johnson / Mankato, MN
  • 166. Student-designed graphic organizer
  • 167. Student-designed graphic organizer 4 page newspaper
  • 168. Student-designed graphic organizer 4 page newspaper Resumes
  • 169. Student-designed graphic organizer 4 page newspaper Resumes Comic strip & cartoons
  • 170. Illustrated children’s book or book cover
  • 171. Illustrated children’s book or book cover Online museums & simulations
  • 172. Illustrated children’s book or book cover Online museums & simulations PBL & water table
  • 173. Movie script & ads
  • 174. Movie script & ads Community service projects
  • 175. Movie script & ads Community service projects Blogs & Wikis
  • 176. Movie script & ads Community service projects Blogs & Wikis Video games
  • 177. Whadda’ you got?
  • 178. Final advice?
  • 179. Review your district policy
  • 180. Review your district policy Review the work you design for students
  • 181. Review your district policy Review the work you design for students Be a role model for your students
  • 182. Reflection • One piece of bad news • Two pieces of good news • Three next steps