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Copyright and ethical use of information


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Copyright and ethical use of information

  1. 1. Ethical Use of Information and Copyright M 2013 Compliance ARCH
  2. 2. Overview This document contains suggestions for ethical and fair use of information aligned to the NYSUT Teacher Practice Rubric: 2012 Edition and Fair Use guidelines. Disclaimer: This document is intended for informational purposes only, and may not be relied upon as legal advice. Please consult an attorney with expertise in copyright law for advice relating to your specific circumstances and activities. 2
  3. 3. NYSUT Rubric Requirements Element VI.1: Teachers uphold professional standards of practice and policy as related to students’ rights and teachers’ responsibilities. C: Demonstrates ethical use of information and information technology EFFECTIVE: TEACHER CONSISTENTLY COMPLIES WITH AND ADVOCATES FOR THE ETHICAL USE OF INFORMATION AND INFORMATION TECHNOLOGY a Teacher: a -Does not copy/paste from the internet a -Complies with Fair Use requirements a -Requires citations on student projects a -Does not accept plagiarized work HIGHLY EFFECTIVE: TEACHER CONSISTENTLY MODELS ETHICAL USE OF INFORMATION AND INFORMATION TECHNOLOGY, AND ENSURES RESPECT FOR INTELLECTUAL PROPERTY RIGHTS, CREDITS SOURCES, AND ADHERES TO SAFE AND LEGAL USE GUIDELINES. a Teacher does the above, plus: a -Cites sources on all classroom materials/presentations a -Seeks permission from the author to use resources whenever possible a -Purposefully instructs students on how to appropriately credit sources, and the different types of use (quote, paraphrase, image credit) a -Instructs students on how to protect their own intellectual 3
  4. 4. The Top 10 Ways to be an Ethical User of Information: -10No more movies as rewards (unless your school purchases a performance license); same goes for popular music in the background of presentations. -9Use Creative Commons/Royalty-free/Public Domain resources whenever possible and cite accordingly. -8Familiarize yourself with the doctrine of Fair Use. -7Ask permission from the creator whenever possible. -6If you’re not sure if it’s OK to use it…check. Work with your librarian. -5Know the difference between quote and paraphrase, and how to cite each. Teach it to your students. -4Purposefully instruct students on digital citizenship. -3Cite your sources; model ethical use. -2Stop copying and pasting from the internet: photos, worksheets, videos, text. -1Require students to follow the above rules on every project, all the time. 4
  5. 5. AN EDUCATOR’S GUIDE TO Is the item still protected by copyright? Check the copyright slider: No Yes Yes Did you get permission from the creator? No Criticism/Comment How will you be using it? Parody Scholarship/Researc h Entertainmen t For Profit How much are you using? A small portion/ Not the central part of the work Hooray! You are free to use this resource*. The whole thing or the “heart” of the work *Copyright and fair use guidelines can be tricky —even the Office of Copyright doesn’t provide a definitive “yes” to issues of fair use. Is the use “transformative”? Is the effect on the market for this work minimal? You may still qualify for Fair Use. Try the checklist on the next page or the Fair Use Evaluator. You may also want to explore other copyright-free options. 5
  6. 6. Name: __________________________________ Project: Grade Level/Department: _ Date: ONCE COMPLETED, PRINT OR SAVE A COPY FOR YOUR RECORDS Purpose: Favoring Fair Use • Teaching • Research/Scholarship • Criticism/Comment • News Reporting • Transformative (repurposes for a new audience) • Restricted Access (only for students) • Parody Opposing Fair Use • Entertainment • Profit/Commercial Activity Nature: Favoring Fair Use • Published Work • Factual/Non-Fiction • Important to educational objectives: Explain: Opposing Fair Use • Unpublished work • Highly creative work (art, music, films, plays) • Fiction Comments: Comments: Amount: Favoring Fair Use • Small portion of the work • Portion is not “central” or significant • Amount is appropriate for the educational purpose Financial Effect: Favoring Fair Use • Only one or a few copies are made • No significant effect on the market • Copy of original work was lawfully purchased or acquired Opposing Fair Use • Large Portion or the whole work is used • Portion is central to the work Opposing Fair Use • Could replace the sale of the copyrighted work • Numerous copies made • You made it accessible on the internet/public forum without restricted access • Repeated/long-term use • It would be affordable to get permission/purchase copies A chart of generally accepted amounts created by Kathy Schrock can be found at: Comments: Adapted from: Crews, Kenneth D., & Buttler, Dwayne K. (2008, May 14). Fair use checklist. Retrieved from echecklist.pdf Comments: 6
  7. 7. Is this legal? {A few examples of common copyright compliance and infringement in schools} No  Bringing in a popular movie (or using Netflix) to show a movie in the auditorium during bus dismissal, as a reward, or during indoor recess  Copying/printing a single copy of a workbook (print or online) for an entire class to use, or copying full pages/paragraphs from other works to include in a teacher-created textbook  Probably * Obtaining performance rights to show movies for non-educational use (see Page 8)  Using royalty-free and Creative Commons images and music, and attributing the source as required  Contacting the original creator to obtain permission before use  Right clicking and saving links to music and video files from the internet  Copying an image/video clip/document for the class to analyze or criticize  Copying images from a Google Image search to use on a classroom/district website or in a teacher-created textbook  Creating a parody or critically evaluating a copyrighted work  Using copyrighted music in the background of videos or presentations *Copyright and fair use guidelines can be tricky—even the Office of Copyright doesn’t provide a definitive “yes” to issues of fair use. So what? {Why should I care? I won’t get caught.} • A lack of documented lawsuits against schools does not equate to a lack of repercussions: many districts opt to settle out of court • More and more content is being hosted and shared digitally • Digital content = anyone can see it and report it • It’s good practice and our responsibility as educators to model copyright compliance for students Now what? {OK, I get it. This is important. How can I get started?} • • Invest in a licensing subscription • Post copyright notices by all building copiers/computer labs • Make sure the teacher handbook includes information about copyright compliance • Attribute content and add a “Website Concerns” contact form on your website Work with your librarian and the School Library System to educate faculty, staff, and students about copyright compliance 7
  8. 8. Copyright Links Harvard University Office of the General Council has an exhaustive copyright guide. Stanford University Libraries has a number of resources for determining fair use. Digital Copyright Slider can be used to determine if a resource is in the public domain. Carol Simpson is a guru on copyright in schools. Her site includes PDFs with copyright guidelines for students and teachers, as well as a database of copyright incidents. Creative Commons has many resources that can be used legally, including course content/materials, images, and music. Flickr Creative Commons provides user images with varying restrictions, many free to use and adapt for both profit and non-profit use Motion Picture Licensing Corporation offers umbrella licensing for Fox Studio movies. Movie Licensing USA offers a public performance site license for many major movie studios (including Walt Disney Pictures, Paramount Pictures, Warner Bros., Sony Pictures, NBC/Universal Pictures, DreamWorks Pictures, New Line Cinema, Lionsgate Films, MGM, Touchstone Pictures, Hollywood Pictures, Columbia Pictures, TriStar Pictures, Focus Features, Miramax, Warner Independent Pictures, Paramount Classics, Paramount Vantage, Fine Line Features, United Artists and Picturehouse). U.S. Office of Copyright--Fair Use is a document put out by the U.S. Government to explain the fair use doctrine. 8
  9. 9. Fair Use Evaluators This tool from ALA’s Office for Information Technology allows users to input information, make judgment calls about their work, and print off a copy for their records. This checklist from Columbia University Libraries breaks out the four fair use criteria into a comparison of factors “favoring” or “opposing” fair use. The Copyright Metro from Baruch College is a fun, interactive guide for using various media in the classroom legally. 9
  10. 10. References Crews, Kenneth D., & Buttler, Dwayne K. (2008, May 14). Fair use checklist. Retrieved from 9/10/fairusechecklist.pdf Harvard University Berkman Center for Internet & Society. (2008, August 5). Fair use. Digital Media Law Project. Retrieved from: North Carolina State University Provost Office. (n.d.). TEACH Act Toolkit. Retrieved from: New York State United Teachers. (2012 August). NYSUT’S Teacher Practice Rubric 2012 Edition. Retrieved from: 2012_SEDapproved_NYSUT_TPR.pdf Starkman, Neal. (2008, March 1). Do the (Copy)right Thing. THE Journal. Retrieved from: do-the-copyright-thing.aspx United States Copyright Office. (2012 June). Fair use. Retrieved from: Created and Compiled by Nicole Waskie-Laura | Twitter @nwaskielaura 10