Introduction
As technology is developing and expanding in various ways, copyright, fair use, and personal rights and privacy, it has become a concern in the education realm. Many learners from young to adult have somewhat violated copyrighted works without gaining authorization from the owner. Often unwittingly, we see images, songs, and other artworks in our assignments without getting permission. It is essential to be knowledgeable when using all kinds of copyrighted works to prevent unintentional infringement.
Copyright
Lakhan and Khurana (2008) explained copyright as a law to safeguard a creator's original works, ideas, and concepts in a tangible form. In other words, copyright is legally giving ownership to the individual who created, wrote, or designed a particular work. Also, the owners of a copyrighted work can permit others to use, tweak, and distribute, which leads to derivative works. Nelson et al. (2014) express that copyright law forbids unapproved duplicating or tweaking of creative works. With copyright laws in place, this prevents infringement when not asking the owner's permission before using their jobs.
Copyright laws are expanded to meet the educational institution's needs and distance learning, which is why the Technology, Education and Copyright Harmonization (TEACH) Act of 2002 was passed by congress. Another law is the Digital Millenium Copyright Act (DMCA) that was passed in 1998 to prevent digital works circulated illegally.
Fair use
Cizek (2017) described fair using someone's copyright works other than the creator with permission and not accepting credit for it. This means that the creator wants its works to be publicly available to be used with any copyright restrictions. Guzman (2015) expresses that fair use is limiting the copyright owner's rights over its results through the four factors: the purpose of the service, nature of copyrighted work, amount of the work used, and the effect of the work in the market. These four factors allow copyrighted works to be used without the permission of the owner.
Intellectual Property
Ravi and Swetha (2021) define intellectual property as the mind's design, such as inventions, literary works and art, words, and images used in commerce. Intellectual property can be found in many artworks such as books, motion pictures, and music that have been copyrighted by the owner who had created them. These artworks increase appreciation by the different audiences, which become used by others who have asked permission. Moreso, copyrighted works expanded to become adaptations and derivative works in which many have enjoyed posters, collectible items, and even amusement parks.
Personal Rights Violation and Privacy
Personal information must be protected to remain private to avoid the misuse and abuse of students in our modern society, where it can be easily shared with the press of a button. Jones et al. (2020) claim that students are unaware of how websites gather their information to improve their websites and sell to other third parties without their consent or knowledge. For that reason, there are laws in place that safeguards parents and children: the Children's Online Privacy Protection Act (COPPA) and Family Educational Rights and Privacy Acts (FERPA).
Federal Trade Commission (2020) mentions that COPPA became a bill in 1998 by congress to enforce and enforce children's online privacy regulations. COPPA focuses on elementary and middle school students since they fall under 13 years old. Smith and Mader (2014) emphasize that to be compliant with COPPA, parents need to be informed where they can locate to review the terms of service and privacy of policy on the websites their child should be using. In short, parents need to be aware of the website policies their children use that require their information.
The following law that allows an educational institution to preserve the personal rights and privacy of the students is FERPA. Huml and Moorman (2017) state that FERPA was passed in 1974 to create safeguards of the student academic records and limit the release of student files without consent. This law prevents any abuse of student information within the school and especially to other parties. Peterson (2016) expresses that FERPA allows certain parties to have access to and share student data. Therefore, FERPA creates guidelines for educational institutions to adhere to maintain student privacy.
"Copyright, Course Materials and YOU!" by giulia.forsythe is marked with CC0 1.0
Task
Process
The process in creating my toolkit is understanding what the teachers, faculty, and students need to learn on copyright, fair use, intellectual property, and privacy and personal rights in an educational setting that can be applied in the real world. From there, I reflected on the last seven weeks of taking Legal and Ethics class and how I can incorporate the knowledge I gained to be put in the toolkit. This led me to begin the introduction of my toolkit by describing the topics I have learned that I want to share which gave me a direction on what resources that I would share that could be beneficial for others. While deciding on the type of resources, it is essential to have various types from websites, videos, pdf files, and many more. This will allow different types of learners to process the information and break the monotony of scholarly journals. Also, as I sifted through the different resources, I imagined myself as a student and an instructor to determine if the resources are beneficial that can inform learners and gain the most information from them.
Furthermore, for each resource I selected and inputted in the toolkit, I organized it by topics for the learners to have a quick overview rather than scrolling to find through the list. Aside from that, I included a short annotated bibliography for learners or instructors to assist them in finding what they are particularly. Next, I included a reference page that can serve a double purpose not only to cite my introduction but also to share scholarly journals for those who might want to read. Lastly, I included any helpful hints or knowledge that can assist learners or instructors in creating a tool kit or simply understanding copyright.
Evaluation
American Library Association. (2014). Distance education and the TEACH Act. https://www.ala.org/advocacy/copyright/teachact/distanceeducation
For this resource, American Library Association (ALA) is a website that gives learners thorough information on Copyright Distance Education and the TEACH act. Furthermore, this website outlines the updated Copyright Law of Distance Education with the background information, context of distance education, requirements, and benefits. Besides that, ALA addresses the responsibilities of the librarians and instructors by explaining how to use certain types of copyrighted works for distance learners. Much more, ALA emphasizes other duties that are expected for educational institutions to comply with the TEACH Act. In essence, this website can help learners understand how institutions, teachers, and librarians must comply with the TEACH act for distance learning to avoid copyright infringement, whether intentional or unintentional.
COPPA – Children’s Online Privacy Protection Act. (n.d.). Complying with COPPA: Frequently asked questions. https://www.ftc.gov/tips-advice/business-center/guidance/complying-copp…
This website listed frequently asked questions (FAQ)when parents are faced with a concern on the website, app, or games their child has been using, which is targeted for 13 years old and under. Along with the questions, answers and COPPA solutions are provided to educate parents so learners can grasp COPPA through the general questions. Much more information is listed, such as how COPPA is enforced, privacy policies with notices for parents, and many more that collects children’s identifiable information. Learners can view the concerns about children’s personal and privacy rights by reading the FAQ and the answers.
Federalallabs. (2019). Understanding intellectual property. [Video file]. YouTube. https://www.youtube.com/watch?v=UqZJPuyK9VY
The YouTube video gives a clear definition of what intellectual property is with examples. The video explains the four protections of intellectual property such as patents, copyrights, trademarks, and trade secrets. Also, to recognize the process in applying legal protection of intellectual property and to avoid infringement. Transfer technology is mentioned to educate people on utilizing and assigning the intellectual property. The video allows learners to understand how copyrighted works become fair use, also known as transformative work.
Federal Trade Commission. (2002). Protecting children’s privacy under COPPA: A survey on compliance. https://www.ftc.gov/sites/default/files/documents/reports/protecting-ch…
This PDF file allows the learner to expand their knowledge of the Children Online Protection Privacy Acts (COPPA), not only the background information but highlighting the requirements of commercial websites to adhere to. Along with this, a survey was conducted to assess if commercial websites gather identifiable information and inform users of their privacy policy. Additionally, bar graphs were included to indicate the types of information collected on children’s websites, disclosure policies, and the use of data. The pdf file helps learners recognize how websites gather information from children for online learning and how they are compliant with COPPA by including requirements.
Fundamentals of Fair Use (n.d.). Fair use week. https://www.fairuseweek.org/wp-content/uploads/2020/02/ARL-FUW-Infograp…
The Fair use Infographic was selected to give learners a visual understanding of fair use with direct details. One of the details is the connection with copyright laws. The following fact explains the importance of proper use today by explaining its purpose in different areas. Lastly, it outlines the four fair use factors with examples to understand by connecting them to common knowledge.
Lieberstein, M. A., & Bryner, W. M. (2014). Before using others' intellectual property without permission, consider this. . Franchise Law Journal, 34(2), 131-154. https://www.proquest.com/scholarly-journals/before-you-use-others-intellectual-property/docview/1671048905/se-2?accountid=28180
Lieberstein and Bryner focus on recognizing various legal issues involving people engaged in franchising to be aware before benefitting from previous owners' intellectual property. The article provides background information when using others' intellectual property without the consent of the owners. Also, the article explains how the constitution encourages protection with clauses that supports the intellectual property of the original inventions. Additionally, the scholarly journal discussed the importance of patent protection, the rights of the patent holder, and the probability of patent existence from years before. Furthermore, the journal details the rights of franchise owners when using abandoned trademarks and the need to proceed with caution when using copyrighted work. All in all, educational institutions can use this journal to understand the acts that support the subtopics of intellectual property when utilizing without the owners' permission.
Piculell, A. (2013). TEACH Act [Video file]. YouTube. https://www.youtube.com/watch?v=flvmGgyJvEI
The YouTube video provides students and other learners in layman's terms in understanding TEACH Act concerning distance education. The video was selected to easily watch the animated video of two characters conversating when using copyrighted materials for distance education. Additionally, the video informs learners how copyrighted materials can be obtained legally and using the public domain. The TEACH Act is discussed briefly, covering essential points such as using copyright materials and ways to prevent illegal copyrighted works. All in all, the video was chosen to give learners a quick overview of the TEACH act without going in-depth.
SunWolf, P., J.D. (2015). Intellectual property and property rights: Critical concepts in intellectual property law. Communication Research Trends, 34(1), 35-36. https://www.proquest.com/scholarly-journals/intellectual-property-rights-critical-concepts/docview/1667626253/se-2?accountid=28180
Mosoff is mentioned at the beginning of the article to establish his book consisting of journal articles on law related to intellectual property rights. Part one of the article explains what the book consists of, such as intellectual property rights, with its five sections to inform people of the right to their creative works. Then part two shares an analysis of intellectual property with a few articles to support its claim. To sum up, the report can be a resource to identify other aspects that help intellectual property with the number of journals and other cases to comprehend real-world scenarios as supplement material.
U.S. Copyright Office (2011) U.S. copyright law. https://copyright.gov/title17/
This Copyright website is managed directly by the United States Copyright Office that provides all amendments enacted by Congress. Equally important, this website includes the Title 17 of the United States codes on U.S. copyright laws from chapters one to eight and 10 to 12. Also, the framework of the Copyright Act of 1976 is accessible for more information. Overall, this website was selected because students can have direct and accurate information from the U.S. Copyright Office described in its perspective chapters and appendices.
U.S. Copyright Office (2019). Fair use. [Video file]. YouTube. https://www.youtube.com/watch?v=IFhF_tHrj4s&t=17s
In this video, the United States Copyright office explains fair use by defining and providing examples to help learners understand. Also, the video highlights the four factors of appropriate services to inform learners when using copyrighted materials. Much more, each element is emphasized to bring clarity to help learners determine if the copyrighted works fit the criteria of fair use. This video was chosen to help learners understand and determine if a job is a fair use or not to avoid copyright infringement. Learners can benefit from these videos to guide them using copyrighted works by complying with the four factors of fair use.
U.S. Department of Education. (2013). Student privacy 101: FERPA for parents and students. [Video]. YouTube. https://www.youtube.com/watch?v=nhlDkS8hvMU
U.S. Department of Education created a video on Family Education Rights and Privacy Acts (FERPA) to inform the public about the law found in an educational institution. The video shares a few real-life scenarios for people to understand how FERPA works in schools for underage students. Aside, the examples mentioned, the video also discusses how parents are involved in their child’s record through FERPA. Also, the video explains how FERPA is applied differently in high education. In short, the video gives learners an insight into how student records are protected under FERPA.
World Intellectual Property Organization (n.d.). What is intellectual property? https://www.wipo.int/about-ip/en/
This website gives an overview of intellectual property, followed by a quiz for anyone to assess their prior knowledge before exploring this site. Below, the examination lists the types of intellectual property such as copyright, patents, trademarks, and trade secrets. Simultaneously on the website, learners can learn about these types of intellectual property and retake the quiz afterward. This website has a quick overview of topics related to intellectual property.
Conclusion
As technology develops and expands, it is vital to bring awareness to copyright, fair use, intellectual property, and personal rights and privacy in the education setting. Many learners lack the knowledge or need a reminder about adhering to copyright laws. Copyright laws protect the owner's rights on their works to avoid duplicating or distributing without permission. Along with this, copyright has expanded to the TEACH Act and DMCA act allowing the educational institutions personnel to use copyrighted materials by complying with these laws. Fair use uses copyrighted works authorized by the owner to be publicly used as long as it falls under the four factors. Intellectual property is the design of the mind which could be inventions, stories, arts, etc. Person rights violation and privacy need to be maintained in educational institutions by complying with the FERPA and COPPA to protect students' identifiable information.
All in all, copyright, fair use, intellectual property, and personal rights and privacy have expanded my knowledge on these topics that I barely knew about. As an educator, it is crucial to learn these laws to ensure that I am compliant with copyright laws to prevent infringement and share my knowledge with colleagues and my students. Also, it is essential to be aware of how information is collected from students from k-12 and in higher education, whether in face-to-face learning or distance education. These legal topics have raised my professional and personal growth in appreciating and using copyrighted materials in my current career. In my current career as a sixth-grade teacher, I can apply the knowledge I gained learning about copyright with my students, colleagues, and for my future class.
Credits
References
Ciszek, M.C. (2017). Copyright, fair use, and free use for US k-12 educators: A Legal Perspective. Clearing House, 90(5/6), 214-217. https://doi.org/10.1080/00098655.2017.1366791
Guzman, F. (2015). The tension between derivative works online protected by fair use and the takedown provisions of the online copyright infringement liability limitation act. Journal of International Human Rights.13(2), 181-196
Jones, K.M.L., Asher, A., Goben, A., Perry, M.R., Salo, D., Briney, K.A., & Robershaw, M. B. (2020). “We’re being tracked at all times”: Student perspective of their privacy in relation to learning analytics in higher education. Journal of the Association for Information Science & Technology, 7(9), 1044-1059. https://doi.org/10.1002/asi.24358
Huml, M. R., & Moorman, A. M. (2017). Student-Athlete Educational Records? The Involvement of FERPA Within Recent NCAA Division I Academic Scandals. Journal of Legal Aspects of Sport, 27(2), 127–144.
Lakhan, S. E., & Khurana, M. K. (2008). Intellectual property, copyright, and fair use in education.
Nelson, C. R., Barnett, G., Gorman, R. A., Reichman, H., Zurbriggen, E., & Nisenson, A. M. (2014). Defending the freedom to innovate: Faculty intellectual property rights after stanford v. roche. Academe, 100(4), 38-56. https://www.proquest.com/trade-journals/defending-freedom-innovate-facu…
Ravi, C., E., N., & Swetha, M. (2021). Significance of intellectual property rights in elementary education. Ilkogretim Online, 20(5), 1373-1377. https://doi.org/10.17051/ilkonline.2021.05.152
Teacher Page
Helpful Tips Instructors:
- Choose and use different resources to engage learners on the topic that can be overwhelming to understand while reading.
- Provide help with much information; it is better to have a surplus of information than lacking.
- Include an introduction to inform learners of the context.
Helpful Tips for copyright
- Rely on United States Government websites for accurate information about copyright, fair use, intellectual property, and personal rights violation and privacy.
- Assume that everything is copyrighted and must ask the copyright owner before using their works unless it is stated.