Copyright and Plagiarism

Copyright and Plagiarism
Christine Salmon, PhD
Office of Educational Enhancement
© Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License - http://creativecommons.org/licenses/by-nc-sa/3.0/

Copyright!
arghhhh!!!
Source: www.cartoonstock.com

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

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”.

Copyright?

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/

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)

Copyright, Patent, Trademark
Copyright – original works of authorship
Patent – inventions or discoveries
(not systems or processes)
Trademarks - words, phrases, symbols, or designs
(identifying the source of the goods or services of one party and distinguishing them from those of others)

Copyright – What do you know?
Is it infringement?
One of your students creates a video play for your class. In the play, a character sings Happy Birthday.

Copyright?

Copyright holders – exclusive rights to:
Reproduction
Adaptation
Publication
Performance
Display

Copyright – When does it start?
Does not require publication
Does not require © *
Does not require registration
As soon as work is fixed
* optional on works after March 1, 1989
(see Circular 03 Copyright Notice – LOChttp://www.copyright.gov/circs/circ03.pdf

Copyright – How long is it?
Created before January 1, 1978
Term 1 = 28 years Term 2 = 28 years (1909 law)
Renewal required year 28 of Term 1
Copyright expired if not renewed
Public Law 102-307 (June 26, 1992)
Renewal automatic
Renewal optional

Created before January 1, 1978
1976 Copyright Act – extended Term 2 to 67 yrs
Term 1 = 28 years
Term 2 = 67 years
95 years

Life of author
plus 70 years
Created on /after January 1, 1978
Made for hire, anonymous
Public domain – no copyright
Published before 1923
95 years from date of publication or 120 years from date of creation, whichever is shorter

Copyright – What is protected?
Literary works
Pictorial, graphic and sculptural works
Motion pictures
Audiovisual works
Sound recordings

Copyright – What is not protected?
Facts
Ideas not in fixed form
Works produced by federal government employees

Non-dramatic literary or musical work
(excludes audiovisual works)
Uses dialogue and action to tell a connected story
Work is “related” not performed.
Non-dramatic (full)
novel
essay
poetry / poem
short story
symphony
Dramatic (portions)
stage play
theatre piece
music video
opera
musical

Copyright – A different view
Copyright, What's Copyright? (video)
Media Education Lab
http://www.youtube.com/watch?v=0QiO_H0-ok8&feature=related

Copyright
Test your knowledge!
1-5 on the worksheet

Copyright & IP – UT System
Faculty
Scholarly works related to field
TeleCourse materials
Joint ownership
Works for hire
Grant-related**
Students
Subject to same rules for use
Students own copyright in their works
Graduate students & dissertation
Graduate students and joint authorship

Federal Grants - Copyright
NIH - publications
between researcher / institution
NIH – requires submission to Pub-Med Central
NSF – patents/inventions
Grantee gets patent (if desired)
NSF gets license
Grantee shares royalties w/ inventor
http://funding.niaid.nih.gov/ncn/qa/copyright.htm#pubs
http://www.nsf.gov/pubs/manuals/gpm05_131/gpm7.jsp#730

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

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

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

Current Cases
AIME v. UCLA (2010)
Threat to sue over posting entire videos online
“Turnitin case” (2008)
Use by faculty is fair use – “transformativeness”
Google Books (2005)
Class action on behalf of authors
Publishers and AAUP
Online reading only

Copyright

Fair Use
User Rights, Section 107 Music Video
Media Education Lab
http://www.youtube.com/watch?v=8tWhKeb-fUQ&feature=related

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?

Fair Use - Purpose
Seek Permission
Commercial
Education
Non-profit
Personal
Criticism
Commentary
News reporting
Parody / satire
CopyrightInfringement
Fair Use

Fair Use - Nature
Seek Permission
Creative
Unpublished
Consumable
Factual
Published
Mix of fact
and imaginative
Fair Use

Fair Use - Amount
Seek Permission
Significant
Entire work
Small amount
Non-essential
Fair Use

Fair Use - Effect
Seek Permission
Harms the sale
Are reasonably priced
No effect on market
Fair Use

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

Classroom Copying - Guidelines
Multiple copies allowed (no more than one 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

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
Under supervision/control of instructor
In a manner analagous to performance/ display in live, F2F classroom
Next 14 slides drawn from: Stanford University Copyright and Fair Use Overview

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

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

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

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 instances per course
AND (Cumulative Effect test)
9

Copyright

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

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
♫♫

BUT
Instructor CANNOT copy:
Sheet music, recordings to make compilation
Sheet music, recordings for performances
From “consumables” (texts, workbooks, etc.)

Copyright - Television
Recording network 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

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

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

Copyright – Digital
CANNOT reproduce or publish images in publications (incl. scholarly publications)

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
♪

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

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)

Remixes, mashups, tributes, etc.?
Fair Use and Online Video (Center for Social Media)
http://centerforsocialmedia.org/resources/online_video/
Code of Best Practices in Fair Use for Online Video
Fair Use Frequently Asked Questions
The Good, The Bad and the Confusing: User-Generated Video Creators on Copyright

Copyright – Video
Digitizing VHS tapes - Library exemption
Lost, damaged, deteriorating, obsolete format IF
Unable to get unused copy
Unable to buy @ reasonable cost
Reasonable search conducted

Copyright – Video
Digitizing VHS tapes - Library exemption
Lost, damaged, deteriorating, obsolete format
3 digital copies
Copies cannot leave library
Note: VHS is not obsolete

Test Yourself
See handout.
Work in pairs to determine if the scenarios constitute copyright infringement.

Copyright

Creative Commons
Four Licenses
Attribution
Share Alike
Non-commercial
No Derivative Works
http://www.creativecommons.org

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.

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

Copyright!
arghhhh!!!

Plagiarism

Let’s Talk …
What is academic integrity?
How you would react to an instance of academic dishonesty?

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

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

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

What is Considered Academic Dishonesty?
Cheating
Fabrication
Plagiarism
Facilitating academic dishonesty
Misrepresentation
Failure to contribute to a collaborative project
Sabotage

What Does Academic Dishonesty Look Like?
UTD – Examples
http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-Basicexamples.html

UTD Definition
Plagiarism – deliberate adoption or reproduction of ideas or words or statements of another person as one’s own without acknowledgement
(examples: turning in a paper written by another person or buying a paper from a commercial source and failing to properly attribute quotations within a paper)

Approaches to Plagiarism
Morality issue
Crime
Skills
Honor codes
peer pressure
Penalties
inconsistency in application
disregard
Education
set/model expectations
Blum, S. Academic Integrity and Plagiarism: a Question of Education, not Ethics.
http://chronicle.com/weekly/v55/i24/24a03501.htm

New Students
“…[w]e have the world at our fingertips – and the world has been at our fingertips for our entire lives….[T]his access to information seriously undermines [your] generation’s view of authority, especially traditional scholastic authority.”
Wake Up and Smell the New Epistemology, Tim Clydesdale, Chronicle of Higher Education

New Students
knowledge-able
prosumers
producers
consumers
From Knowledgeable to Knowledge-able: Experiments in New Media Literacy
Michael Wesch, Kansas State University

New Students
Remix Generation
Net Generation
Generation Y
Sampling
YouTube
Google Docs
Wikis

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

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

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

Why do students commit academic plagiarism?
Intentionally:
Unintentionally:
Cultural understanding:
Searching v. Researching
“But their words are better”
Making the grade
“But everyone else is doing it”
Poor planning
Citation confusion
“I was just copying my notes”
“I couldn’t find the source”
I thought we didn’t have to quote facts”
Confusion about expectations
http://www.plagiarism.org

Plagiarism as Crime
Intention doesn’t matter
Academic consequences
Legal consequences
Economic consequences

Consequences
Can affect your grade
“Cheats” you of important skills
Destroys equal playing field
Affects reputation of school and institution

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

Criminal attitudes
Faculty distrust students
Students are lazy
Students are deceitful
Guilty!!
before proven innocent!

Plagiarism Prevention as a Skill
Our Response - Helping Students Learn
Understand why students commit academic dishonesty
Discussion and education
Design assessments to reduce opportunity
Use tools for education

Discuss and Educate
Discuss what "plagiarism" means
Discuss 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
http://www.plagiarism.org/learning_center/preventing_guidlines.html

Educate Students
You Quote It! You Note It! – Acadia Universityhttp://library.acadiau.ca/tutorials/plagiarism/
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/

Identifying 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

Identifying 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

Assessment/Activity Design

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.)

Designing Assignments
Assign specific questions or topics
Submit thesis statements, introductions, outlines, or drafts
Annotate bibliography
Assign oral presentations
Require recent and printed sources
Reflect on the composition process
Encourage concision

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
Instruction not punishment

Your Turn
Create at least 2 scenarios that you can use with your students to teach them about cheating and plagiarism.

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?

Resources
UTD - Academic Dishonestyhttp://www.utdallas.edu/dishonesty/
Plagiarism.orghttp://www.plagiarism.org
Plagiarism Tutorial (cool)http://www.cte.usf.edu/plagiarism/plag.html

Copyright and Plagiarism

by Office of Educational Enhancement - UT Dallas on Jul 27, 2010

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Copyright and Plagiarism — Presentation Transcript