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Slide 1: Are you legal? Glenn Wiebe ESSDACK glennw@essdack.org ©2007

Slide 3: Sticky ideas?

Slide 4: Copyright is not the enemy / Fair Use is your friend

Slide 5: You’re probably breaking the law but you’re not going to jail

Slide 6: There is a lot of stuff out there you can use

Slide 7: www.socialstudiescentral.com

Slide 8: This presentation contains copyrighted material used under the educational fair use exemption to U.S. Copyright law.

Slide 9: Michael Mukasey lawyer

Slide 10: Glenn Wiebe Michael Mukasey not a lawyer! lawyer

Slide 11: CopyRight / CopyWrong • <www.csus.edu/indiv/p/ peachj/edte230/copyright>

Slide 12: Copyright myths

Slide 14: If it doesn’t have a notice, it’s not copyrighted

Slide 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

Slide 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

Slide 17: 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

Slide 18: 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

Slide 19: Copyright truths

Slide 20: “There is no such thing as true intellectual property; there is only temporary permission to control an idea.”

Slide 21: The law is designed to “ . . . promote the betterment of society by encouraging the creation of, and the public’s access to, useful works.”

Slide 22: 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

Slide 23: A creative work is any original work that is in tangible form: • Photos • Web site • Arrangement of facts • Music • Story

Slide 24: 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

Slide 25: What could happen? • $250 -10,000 per infringement / misdemeanor or felony Who’s liable? • Teachers Media Specialists • Administrators BOE

Slide 26: 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>

Slide 27: 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>

Slide 28: What web sites can you share?

Slide 29: Fair Use

Slide 30: The law does allow some use without specific permission: • To criticize / comment • To write news articles • For research / scholarship • To practice parody

Slide 31: 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.”

Slide 32: Allows “use of a work in a reasonable manner” if: • Brevity • Amount used • Spontaneity • When and how often used

Slide 33: Reasonable manner?

Slide 34: Is the work protected? • Works that lack originality • Works in the Public Domain • Government works • Facts

Slide 35: 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

Slide 36: Is your use exempt from liability? • Fair Use

Slide 37: What is the nature of the creative work? • Published vs. unpublished? • Out of print vs. available? • Factual vs. artistic?

Slide 38: Purpose for using the creative work? • Commercial? • Educational? • Non-profit?

Slide 39: 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?

Slide 40: 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 "heart" or "essence" of a work?

Slide 41: Huh?

Slide 42: No easy answers • Use the checklist in your packet to help you decide

Slide 43: What is one question you have? What’s one specific classroom situation you are concerned about?

Slide 44: Remember: • The words may & might! • All guidelines are subject to bias • Just court precedents

Slide 45: Remember: • Be careful of the percentages • % of use is not the same as % of impact

Slide 46: What can be copied for scholarship?

Slide 48: • A chapter from a book

Slide 49: • A chapter from a book • An article from a periodical or newspaper

Slide 51: • A short story, essay, or poem

Slide 52: • A short story, essay, or poem • A graphic from a book, periodical, or newspaper

Slide 53: What can be copied for face-to- face instruction?

Slide 54: • A poem of 250 words or less / 250 words from a longer poem • Articles, stories or essays that are 2,500 words or less

Slide 55: • Excerpts up to 1,000 words or 10 percent of the total work • One graphic per book or per periodical issue

Slide 57: Music, lyrics, and music video: • 10 percent of the work or 30 seconds from an individual musical work • “Emergency clause” for performances

Slide 59: Illustrations or photographs: • Five images or less from one artist or photographer • No more than 10% or 15 images from a collection

Slide 61: 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>

Slide 63: Video • No restrictions • Must be “legally obtained” • “face-to-face instruction” • Purchase performance rights for entertainment purposes

Slide 64: Whadda’ you got?

Slide 65: Technology in Education & Copyright Harmonization Act • <www.lib.ncsu.edu/scc/legislative/ teachkit> • Covers online / distance learning

Slide 66: 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

Slide 67: So what to do?

Slide 69: Use permission templates

Slide 70: Use permission templates Check “terms of use”

Slide 71: Use permission templates Check “terms of use” Cite your usage

Slide 72: Use permission templates Check “terms of use” Cite your usage Purchase what you want to use

Slide 73: Use permission templates Check “terms of use” Cite your usage Purchase what you want to use Use something else

Slide 75: Government web sites are considered public domain

Slide 76: Government web sites are considered public domain Create a district or building copyright policy • <www.bham.wednet.edu/ technology/copyrightpolicy.htm>

Slide 77: 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>

Slide 78: 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>

Slide 79: BibMe.org EasyBib.com NoteStar • <notestar.4teachers.org> carols_67501

Slide 80: Music Copyright WebQuest • <www.edgerton.k12.wi.us/ms/ Webquest> 6th Grade WebQuest • <www.hazelwood.k12.mo.us/ ~jdarnell/webq>

Slide 81: Kathy Schrock • <school.discovery.com/ schrockguide/referenc.html> Copyright Lessons • <lrs.ed.uiuc.edu/wp/ copyright-2002/lessonplanfaqs.html>

Slide 82: What might be some examples of Fair Use in the classroom? • 20 Question Fair Use Quiz

Slide 84: 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.

Slide 85: 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.

Slide 86: 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.

Slide 87: 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.

Slide 88: 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.

Slide 89: 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.

Slide 90: 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>

Slide 91: Copyright Quizzes • Copyright for Kids • <www.copyrightkids.org/ quizframes.htm> • CopyRight / CopyWrong • <www.csus.edu/indiv/p/peachj/ edte230/copyright>

Slide 92: Flickr Creative Commons • <flickr.com/creativecommons> Wikipedia Commons • <commons.wikimedia.org> Creative Commons • <creativecommons.org> • <commoncontent.org>

Slide 93: Podsafe Music • <music.podshow.com> Public Domain Music • <www.pdinfo.com> Public Domain Photos • <www.pdphoto.org>

Slide 94: Public Domain Art, Books, Images, Links • <www.princetonol.com/groups/iad/ links/clipart.htm> Pics4Learning • <www.pics4learning.com>

Slide 95: Multimedia Resources for Educators & Students • <www.uen.org/curriculum/ multimedia_resources.shtm> Freefoto • <www.freefoto.com>

Slide 96: Plagiarism is happening at your school

Slide 97: You can detect it

Slide 98: It can’t be prevented but you become a better teacher

Slide 100: Jerry Scott & Jim Borgman 2007

Slide 101: Jerry Scott & Jim Borgman 2007

Slide 102: The top 10 jobs predicted for 2010 didn’t exist in 2004

Slide 103: There are over 150 million people using social networks

Slide 104: more China has gifted kids than we have kids

Slide 105: A seven year-old signed a six figure endorsement deal to play professional video games

Slide 106: So what?

Slide 108: “Today’s students are no longer the people our educational system was designed to teach.” Marc Prensky

Slide 111: 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?

Slide 112: Any good war stories?

Slide 113: 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

Slide 114: Turnitin.com ©2004

Slide 115: Turnitin.com ©2004

Slide 116: 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

Slide 117: Paper due by next week • What to do!? • Google search / cut & paste

Slide 118: Questions for discussion

Slide 119: Schoolsucks.com Paper Mill List • <www.coastal.edu/library/ presentations/mills2.html> Specific Content Paper Mills • <www.coastal.edu/library/ presentations/mills5.html>

Slide 121: From Latin plagiarius meaning “kidnapper of slaves”

Slide 122: From Latin plagiarius meaning “kidnapper of slaves” Roman poet Martial extended its meaning; “to steal text”

Slide 124: English writer Ben Johnson introduced word to English language

Slide 125: English writer Ben Johnson introduced word to English language Only in the last 100 years has academic world really focused on “plagiarism”

Slide 127: 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

Slide 128: 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

Slide 129: “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

Slide 131: Are there different types?

Slide 133: Fraud - willfully submitting work done by someone else

Slide 135: Patchwriting - using words / phrases from a source text and patching them together into new sentences

Slide 137: Failure to cite - not acknowledging sources

Slide 139: Failure to quote - not providing quotation marks for direct quotation

Slide 140: Failure to quote - not providing quotation marks for direct quotation Rebecca Moore Howard University of Maryland

Slide 142: Cryptomnesia

Slide 143: Cryptomnesia • “Source memory” failure

Slide 144: Cryptomnesia • “Source memory” failure • Remembering without being aware we're remembering

Slide 145: Cryptomnesia • “Source memory” failure • Remembering without being aware we're remembering Richard Marsh University of Georgia

Slide 146: But why!?

Slide 148: Lazy • It’s easier to copy!

Slide 149: Lazy • It’s easier to copy! Lack of time / planning • Work outside school, class load, home situation

Slide 150: 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”

Slide 152: Competition / Grades • Scholarships, college admissions, jobs, parental pressure

Slide 153: Competition / Grades • Scholarships, college admissions, jobs, parental pressure Lack of knowledge • We shouldn’t assume

Slide 154: 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

Slide 155: What are signs of plagiarism?

Slide 156: Mark Pett ©2000

Slide 158: Writing style, vocabulary, word choice, tone, etc doesn’t “sound like” the student

Slide 159: Writing style, vocabulary, word choice, tone, etc doesn’t “sound like” the student Older citations, inactive web sites

Slide 160: 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

Slide 161: 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

Slide 162: 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

Slide 164: Writing style changes within the paper or assignment

Slide 165: Writing style changes within the paper or assignment Dated references (i.e., “Last month, the US lost 345 men in Vietnam.”)

Slide 166: 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

Slide 167: 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

Slide 168: Others?

Slide 170: Challenges / Benefits?

Slide 171: Becomes an enforcement issue rather than an educational one Student intellectual property issues Effectiveness?

Slide 173: Think about student intent • Think like a teacher, not a judge

Slide 174: Think about student intent • Think like a teacher, not a judge iKids?

Slide 175: Think about student intent • Think like a teacher, not a judge iKids? Cultural differences?

Slide 176: Refer to district policy Talk with other educators Don’t take it personally! • But take responsibility

Slide 178: “You Be the Judge” <www.fairfield.edu/documents/ Library/plagicourt.swf>

Slide 179: “You Be the Judge” <www.fairfield.edu/documents/ Library/plagicourt.swf>

Slide 180: “You Be the Judge” <www.fairfield.edu/documents/ Library/plagicourt.swf> In groups of two, read the supplied texts

Slide 181: Let’s go back to “war stories” • What could be done to prevent reoccurrence? • Who is responsible for fixing it?

Slide 183: Idealistic • Talk about ethics & character

Slide 184: Idealistic • Talk about ethics & character Realistic • Design high quality assignments

Slide 186: Make sure district policy is clear and available!

Slide 187: Make sure district policy is clear and available! Educate parents

Slide 188: Make sure district policy is clear and available! Educate parents Clearly define plagiarism & intellectual property with examples

Slide 189: Make sure district policy is clear and available! Educate parents Clearly define plagiarism & intellectual property with examples Practice citation with students

Slide 190: 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

Slide 192: Don’t encourage younger students to copy from sources

Slide 193: Don’t encourage younger students to copy from sources Assign work that is age appropriate

Slide 194: Don’t encourage younger students to copy from sources Assign work that is age appropriate Go to web “paper mills” with your students

Slide 195: 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”

Slide 197: • Assignments must be specific

Slide 198: • Assignments must be specific • Quality design • “Working on the work” • Engaging / stimulating / challenging

Slide 199: What does the “perfect” plagiarism proof assignment or assessment look like? •Things to think about: • Time Resources • Who How • What

Slide 201: “Build beautiful cathedrals” - Doug Johnson / Mankato, MN

Slide 203: Student-designed graphic organizer

Slide 204: Student-designed graphic organizer 4 page newspaper

Slide 205: Student-designed graphic organizer 4 page newspaper Resumes

Slide 206: Student-designed graphic organizer 4 page newspaper Resumes Comic strip & cartoons

Slide 209: Illustrated children’s book or book cover

Slide 210: Illustrated children’s book or book cover Online museums & simulations

Slide 211: Illustrated children’s book or book cover Online museums & simulations PBL & water table

Slide 213: Movie script & ads

Slide 214: Movie script & ads Community service projects

Slide 215: Movie script & ads Community service projects Blogs & Wikis

Slide 216: Movie script & ads Community service projects Blogs & Wikis Video games

Slide 218: Whadda’ you got?

Slide 219: Final advice?

Slide 221: Review your district policy

Slide 222: Review your district policy Review the work you design for students

Slide 223: Review your district policy Review the work you design for students Be a role model for your students

Slide 224: Reflection • One piece of bad news • Two pieces of good news • Three next steps