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”.
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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.
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/
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 Fair Use - Nature Seek Permission Creative Unpublished Consumable Factual Published Mix of fact and imaginative CopyrightInfringement Fair Use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
44. In a manner analagous to performance/ display in live, F2F classroomNext 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
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
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
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
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
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
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
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
Editor's Notes
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.
