Introduction
Welcome to Komfort Akyempon’s Copyright, Fair Use, and Personal Rights and Privacy Toolkit. This WebQuest is a resource guide to share and distribute information, resources, and tools to assist in educating higher education faculty, students, and staff about copyright, fair use, and personal rights and privacy. The information found on this WebQuest is meant to provide an overview of the topics, not an in-depth understanding about intellectual property, copyright, and privacy laws. Use this toolkit as a quick reference. Below you will find the definitions for the
Definitions
copyright - a set of exclusive rights awarded to an owner for an original work of authorship fixed in a tangible medium of expression; a limited statutory monopoly that gives a copyright holder the sole right to market a work for a limited period; or exemptions that permit a user of the copyright-protected work the right to exercise an exclusive right without authorization or royalty payment under certain conditions (U.S. Copyright Office, 2021)
Examples of copyrightable works include:
· literary works
· musical works (music and accompanying words)
· dramatic works (words and accompanying music)
· choreographed works
· pictorial, graphic, and sculptural works
· movies and other audiovisual works
· sound recordings
· architectural works
fair use - a legal doctrine that permits the unlicensed use of copyright-protected works
intellectual property - product of the human intellect that the law protects from unauthorized use by others (Cornell Law School, n.d.)
personal rights – the rights a person has over their name, reputation, and image
privacy - control of your personal information
Task
About The Licenses by Creative Commons
Copyright Basics by the U.S. Copyright Office
Fair Use Fundamentals by Association for Research Libraries
Family Educational Rights and Privacy Act (FERPA) by the U.S. Department of Education
Goodlatte Statement on World Intellectual Property Day
How to Obtain Permission by the U.S. Copyright Office
Intellectual Law by Cornell Law School
Measuring Fair Use: The Four Factors by Stanford Libraries
The Digital Millennium Copyright Act of 1998 by the U.S. Copyright Office
US Copyright Law: The Challenge of Protection in the Digital Age by Long, S. A.
What is the Public Domain by Copyrightlaws.com
Process
I worked offline to compile this guide/toolkit. I selected the resources for this guide from resources I used previously in this class and from research I did for this toolkit. I reviewed the assignments I completed for this class and selected the relevant ones. I added more resources to the toolkit. to cover topics that I felt were not covered by the resources I already had.
I worked on the Task, Evaluation, and Credits section simultaneously because they were very similar exercises. I completed the Teacher’s page next. Finally, I completed the Introduction and Conclusion sections.
Evaluation
Association for Research Libraries. (2015). Fair Use Fundamentals. Retrieved January 7, 2022, from https://www.arl.org/resources/fair-use-fundamentals-infographic/
This infographic explains what fair use is, who uses fair use, and why it is important for the economy, innovation, creativity, and scholarship. The infographic also provides some examples of fair use.
Copyrightlaws.com. What is the Public Domain? (2021, November 5). Retrieved December 4, 2021, from https://www.copyrightlaws.com/what-is-the-public-domain/
This webpage explains what the public domain is and how works become public domain. It also gives examples of public domain works, covers how works become part of the public domain in other countries, and explains the law on adapting public domain works.
Cornell Law School. (n.d). Intellectual Property. Retrieved January 8, 2022, from https://www.law.cornell.edu/wex/intellectual_property
This website provides an overview of the four categories of intellectual property: patent, copyright, trademark, and trade secrets. The webpage is full of links to other legal terms. It is helpful for those who need layman’s definitions and overviews for intellectual property.
Creative Commons. (n.d.) About the licenses. https://creativecommons.org/licenses/
Creative Commons is a tool to simplify traditional copyrighted licenses. It is very common to use these licenses for online work. This webpage not only explains the licenses uses, but it also provides links to pages that explain how to read and make the licenses.
Goodlatte statement on world intellectual property day: [1] (2014). Federal Information & News Dispatch, LLC.
This is the statement that Bob Goodlatte released the year after his statement on World Intellectual Property Day in April 2014. The statement restates Goodlatte’s announcement to conduct a review on how patents, copyright law, and trademarks impact people’s daily life. Goodlatte was a member of the U.S. House of Representatives from Virginia’s 6th district. This resource will provide evidence that patents, copyright law, and trademarks need to be updated for the digital age.
Long, S. A. (2006). US copyright law: The challenge of protection in the digital age. New Library World, 107(9-10), 450-452.
This article is a historical view of copyright law in the United States and how orphan works, a copyrighted work whose owner is impossible to identify or contact, and broadcast flag laws, which prohibits unauthorized recordings of digital media may affect it in 2006. The information in this article is outdated, but it does provide information about historical challenges to copyright law. It also shows how copyright law can harm education.
RosalindFranklinU. (2013, October 16). Copyright and Fair Use in Higher Education. Retrieved from https://www.youtube.com/watch?v=SveLX_5fjaQ
This is a YouTube video about copyright and fair use in higher education. It includes copyright issues relevant to higher education and tips for staying compliant.
Stim, R. (n.d.-a). Measuring fair use: The four factors. Stanford Libraries. https://fairuse.stanford.edu/overview/fair-use/four-factors/
This website provides an overview of the four factors judges consider for fair use cases: the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of the portion taken, and the effect of the use upon the potential market. This webpage is helpful for those who need an overview of fair use and real examples of fair use.
U.S. Copyright Office. (2021). Copyright Basics. Retrieved January 7, 2022, from http://copyright.gov/circs/circ01.pdf
U.S. Copyright Office provided this PDF as a quick reference for basic copyright information and FAQ such as “How Can I Protect My Work?” and “What Is Mandatory Deposit?” This resource is especially helpful for finding exact references to copyright law.
U.S. Copyright Office. (2021). How to Obtain Permission. Retrieved December 3, 2021, from https://www.copyright.gov/circs/m10.pdf
This PDF is a guide to getting permission to use a copyrighted work. It provides the steps and information needed to ask for permission to use a copyrighted work.
U.S. Copyright Office. (2021). The Digital Millennium Copyright Act of 1998 U.S. Copyright office summary. Retrieved December 3, 2021, from https://www.copyright.gov
/legislation/dmca.pdf
This webpage provides a history and summary of the Digital Millennium Copyright Act of 1998. The page includes a great deal information on each title of the act.
U.S. Department of Education. (2021). Family Educational Rights and Privacy Act (FERPA). retrieved January 8, 2022, from https://www2.ed.gov/policy/gen/guid/fpco
/ferpa/index.html
The Family Educational Rights and Privacy Act is an important law for all educational institutions that receive federal funds. This webpage provides an overview of FERPA for students and faculty.
Credits
Association for Research Libraries. (2015). Fair Use Fundamentals. Retrieved January 7, 2022, from https://www.arl.org/resources/fair-use-fundamentals-infographic/
Copyrightlaws.com. What is the Public Domain? (2021, November 5). Retrieved December 4, 2021, from https://www.copyrightlaws.com/what-is-the-public-domain/
Cornell Law School. (n.d). Intellectual Property. Retrieved January 8, 2022, from https://www.law.cornell.edu/wex/intellectual_property
Creative Commons. (n.d.) About the licenses. https://creativecommons.org/licenses/
Goodlatte statement on world intellectual property day: [1] (2014). Federal Information & News Dispatch, LLC.
Long, S. A. (2006). US copyright law: The challenge of protection in the digital age. New Library World, 107(9-10), 450-452.
RosalindFranklinU. (2013, October 16). Copyright and Fair Use in Higher Education. Retrieved from https://www.youtube.com/watch?v=SveLX_5fjaQ
Stim, R. (n.d.-a). Measuring fair use: The four factors. Stanford Libraries. https://fairuse.stanford.edu/overview/fair-use/four-factors/
U.S. Copyright Office. (2021). Copyright Basics. Retrieved January 7, 2022, from http://copyright.gov/circs/circ01.pdf
Teacher Page
If a higher education professional wants to more information on copyright, fair use, personal rights, and privacy, adopt the following recommendations:
· Use works in the public domain. Works that are publicly owned can be used freely provided they are not part of a collection of works.
· Research a work’s copyright status or Creative Commons license.
· If you are unsure about how to locate the copyright information, contact your institution’s library for guidance. The DMCA Act added provisions that assist school libraries with keeping records of copyrights and the transfer of movie.
· If you are in doubt about whether what constitutes as fair use when using internet sources, use links whenever possible and Creative Commons attributions.