Introduction
Using images, sound and video recordings, and excerpts of published works can enhance the educational experience and increase course efficacy. Creating the necessary content can prove challenging, time-consuming, and may not be feasible. Using online content, images, or recordings presents copyright, and fair use can present legal issues. Understanding copyright law and the Fair Use Doctrine can be challenging, which can make the proper use of copyrighted material frustrating.
The following definitions and resources are offered to provide a basic understanding of copyright laws, the Fair Use Doctrine, and Creative Commons, which will assist in making the best decisions on when and how to use copyright-protected property in creating content for your classes.
The time students spend online researching and completing course assignments on school-issued technology (laptops, Chromebooks, and tablets), learning management systems (LMS), and other software applications continues to increase. As educators and educational institutions, it is essential to understand and protect the rights and privacy of students while online. This toolkit explains these areas of concern and provides resources to allow educators and students to ethically use technology to enhance education.
Task
Understanding Copyright, Public Domain, and Fair Use
Creativity, Copyright, and Fair Use
10 Copyright Myths Busted
This Photo by Unknown Author is licensed under CC BY-SA-NC
Digital content covered by Creative Commons licensing allows the use of content with attribution. The type of Creative Commons license explains how the work can be used or modified and what type of information must be contained in the attribution. For more information on Creative Commons, please follow this link.
Additional Copyright Resources
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Copyright Basics -PDF
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Copyright Frequently Asked Questions
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How to Obtain Permission
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Test your Copyright Knowledge
Copyright and Fair Use in Education
Education Fair Use Defense and Copyright Law
This Photo by Unknown Author is licensed under CC BY-NC
The links below will assist in assessing if your use of copyrighted material for educational or other purposes could be used under the Fair Use Doctrine.
FERPA Training Video - 1
FERPA Training Video - 2
Private and Personal Information
Additional Student Data Privacy Resources
Process
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Creating an online toolkit should include reading material, visual (images and videos), and audio formats to meet educators' and students' learning preferences and needs. Identifying the areas of information needed for a practical online toolkit is an excellent start to preparing for the formats that will cover the topics. The supporting material needs to be nonbiased, factual, and scholarly. Educational institutions, government agencies, research, and specific non-profit organizations are useful sources of relevant information that is easy to understand and may be available in different formats.
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Attempt to organize the material chronologically or use a scaffolding method to increase learning opportunities and limit confusion caused by random information topics. Not all topics can be clearly or logically organized. In these cases, attempt to bridge topics using transitions or bullet points to show the topics a distinct and may not directly relate to other included information.
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Proper citations are essential in maintaining information and educational integrity. Some online resources for building a toolkit limit the ability to include parenthetical citations and proper placement of image citations. Ensure all citations and descriptions for the information included in the toolkit.
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Not all online toolkit applications permit directly inserting images, sound files, or videos. It is recommended to be familiar with the methods of including external images and links. Some toolkits require the images to be stored in an online (cloud) server for access.
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Test your toolkit as you build it to reduce formatting and content errors. It is easier to test the online toolkit as it is being constructed, and minor changes can impact the ease of navigation for the toolkit. Attempting to make adjustments after a page is completed may create new challenges that require more time to correct than if adjustments are made during the construction of the page.
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Save your work frequently. Many online toolkit developer sites present non-traditional navigation. Accidental loss of your hard work because of a navigation error is frustrating. It is recommended to save the toolkit before testing the latest additions. Some applications require saving updates before viewing or testing the site.
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Using presentation applications (Canva, Desygner, Piktochart, Fotor, Adobe Photoshop) can assist in design elements and transitions to create a better flow of the toolkit. Imagery can assist the end user in effectively navigating your toolkit. Ensure all text is formatted and checked for proper grammar, punctuation, and spelling. Font size should be easy to read and not detract from the value of the information.
Evaluation
Copyright
The three YouTube videos explain copyright, intellectual property, Fair Use, Public Domain, and common myths surrounding copyrights in clear and easily understandable language. The content is accurate and is presented engagingly with animation and a sound voice track. The video lengths are appropriate to maintain audience interest while covering pertinent information.
The link to creativecommons.org offers a short video explaining the differences between the creative commons licenses with additional links to additional resources to explain and show how the creative commons licenses are applied.
The "Additional Copyright Resources" provide printable PDF files from the U.S. Copyright Office that detail basic copyright laws for easy reference and how to request permission to use copyrighted material. One link directs the user to the most frequently asked questions about copyright law and using copyrighted material. The last link offers the user an interactive quiz to evaluate the understanding of copyright and intellectual property.
The next video, Education Fair Use Defense and Copyright Law, provides a general overview of how the use of copyrighted material for educational purposes can be covered under the Fair Use Doctrine. This video is followed by two interactive links that provide users with resources to assess better if their intended use of copyrighted material for educational purposes could be covered under fair use. Additionally, both Fair Use evaluators will create a PDF file with the evaluation results, including the user's name and title, institution, works title, copyright owner, and date of intended use. The documented PDF does not protect the user from possible litigation but can be used to demonstrate a likely Fair Use of the copyrighted work.
Privacy
The first two YouTube videos covering student privacy relate to the Family Educational Rights and Privacy Act (FERPA) and what constitutes personally identifiable information (PII). The videos outline how to protect PII and what uses do not violate the sharing, recording, or documented use of PII.
The third video is directed to educators, students, and parents and explains how PII can be collected from various online activities. Also discussed are ways to limit the types and availability of PII online for users and how parents can create a safer online experience for children.
Two links are provided to downloadable PDFs covering student data privacy from the educator and parent roles. These resources can be downloaded or printed for future reference.
Conclusion
The use of technology makes educational opportunities more abundant for students. It has also opened educators and students to vast amounts of copyrighted content. Digital content can be easily copied, integrated into new content, or used as an educational resource without copyright consideration. Becoming familiar with copyright laws, fair use, and creative commons licensing can safeguard the rights of copyright holders while maintaining institutional and professional integrity.
Educational institutions, educators, parents, and students need to be aware of the risks that students can be exposed to through their online school presence. By understanding how datafication of students can occur, safeguards can be used to ensure that data is only obtained for institutional use and is maintained only for the time frame it is needed. Educating students about online safety can also decrease datafication of PII not related to education or maintained by their educational institution.
The resources in this online toolkit are not intended to be an all-inclusive information source but rather are designed to provide a background on copyright, fair use, creative commons, and online data safety for educators and students. It is recommended that additional concerns be further researched or discussed with institutional experts.
Credits
References
Brewer, M., & ALA Office for Information Technology Policy. (n.d.-a). Exceptions for instructors in U.S. Copyright law. librarycopyright.net. https://librarycopyright.net/resources/exemptions/index.php?startOver=true
Brewer, M., & ALA Office for Information Technology Policy. (n.d.-b). Fair use evaluator. librarycopyright.net. https://librarycopyright.net/resources/fairuse/index.php
CatchCreative. (2015a, February 6). FERPA training video 2 [Video]. YouTube. https://www.youtube.com/watch?v=ruCt784JQN4
CatchCreative. (2015b, February 19). FERPA training video 1 [Video]. YouTube. https://www.youtube.com/watch?v=1ZcU84pROa8
Common Sense Education. (2018, August 21). Private and personal information [Video]. YouTube. https://ww.youtube.com/watch?v=MjPpG2e71Ec&list=RDCMUCu378IVA2__mBS_AO5197FQ&index=14
Common Sense Education. (2020, September 4). Creativity, copyright, and fair use. YouTube. https://www.youtube.com/watch?v=xvZHNwBHirQ&list=RDCMUCu378IVA2__mBS_AO5197FQ&start_radio=1&t=4s
Connect Safely, Inc. (n.d.). The parent’s guide to student data privacy [Brochure]. ConnectSafely, Inc. https://www.connectsafely.org/wp-content/uploads/2015/04/StudentDataPrivacy.pdf
Copyright Agency. (2016, November 27). 10 copyright myths busted [Video]. YouTube. https://www.youtube.com/watch?v=OK5lPAGKUQA
Creative Commons. (n.d.). Creative commons kiwi. Creative Commons Aotearoa New Zealand. https://creativecommons.org/about/videos/creative-commons-kiwi
DMCA Agent Service. (2019, July 2). Education fair use defense and copyright law [Video]. YouTube. https://www.youtube.com/watch?v=KCekENm2HaE
Gallagher, K., Magid, L., & Pruitt, K. (2017, May 4). The educator’s guide to student data privacy. connectsafely.org. https://www.connectsafely.org/eduprivacy/
GCFLearnFree.org. (2018, September 17). Understanding copyright, public domain, and fair use [Video]. YouTube. https://www.youtube.com/watch?v=XzzkSZ0Jrko&t=5s
U. S. Copyright Office. (n.d.-a). Frequently asked questions. copyright.gov. https://www.copyright.gov/help/faq/
U.S. Copyright Office. (n.d.-b). Test your knowledge. copyright.gov. https://www.copyright.gov/history/copyright-exhibit/quiz/
U.S. Copyright Office. (2013). How to obtain permission [Fact sheet]. U.S. Copyright Office. https://www.copyright.gov/circs/m10.pdf
U.S. Copyright Office. (2021). Copyright basics [Fact sheet]. U. S. Copyright Office. https://www.copyright.gov/circs/circ01.pdf
Teacher Page
Understanding and navigating copyright laws as an educator or student can present challenges. Copyright laws protect creators from unauthorized use of created works, but the laws appear ambiguous and can be challenging to apply appropriately. Unfortunately, the intent is only one factor assessed in copyright infringement cases. Therefore, developing a working knowledge of current laws and how they specifically apply in educational use is essential.
Educational institutions are relying on more instructor and teacher-created curricula, which may expose the institution and educators to copyright infringement concerns. Many educational institutions are also moving away from providing. The Fair Use Doctrine was established to create a framework to assess if the use of copyrighted works meets the criteria allowed for educational institutions and others. This doctrine is a guideline and does not provide protection from litigation for copyright infringement or cease and desist orders.
The best opportunity for appropriate use of copyrighted materials is to obtain permission from the copyright owner, which may differ from the creator. When obtaining permission is not possible or feasible, using public domain and creative commons licensed content may be an acceptable alternative. Applying the Fair Use Doctrine can also be an alternative, and using the Fair Use Evaluator can be beneficial as an appropriate assessment tool. It is recommended that you complete and maintain the PDF from the evaluator showing that your use should be covered under fair use.