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Tool Kit for Copyright, Fair Use and Personal Rights and Privacy
Technology provides many affordances in education from guidance and feedback to interfaces that offer customized learning (Lai, Yang, Chen, Ho & Chan 2007). The educational possibilities are endless when computing power is coupled with resources found on the internet or in printed materials. However, technology in education and the use of copyrighted works pose several concerns for educators in terms of student privacy and reproduction of information for learning. The following is a brief overview of the laws surrounding student privacy and the use of original works in education.
Personal Rights and Privacy
Technological advancements have not only changed the way in which educational institutions house student information but also the method in which learning is occurring. Contracting with third-party vendors for website and application services to deliver education raises many privacy concerns including data collection for commercialization and compromising data for criminal activity (Peddy, 2017). The obligation to protect student privacy falls squarely on educators and educational institutions. The Children's Online Privacy Protection Act (COPPA) was created to regulate the collection, use and disclosure of private information from children under the age of 13 by commercial and general website operators and service providers (Peddy, 2017). COPPA does not directly apply to educational institutions, however the Federal Trade Commission (FTC) created a school exception, which allows schools to grant permissible student data use to third-party vendors in place of parental consent as long as the data is used solely for educational purposes (Peddy, 2017).
Intellectual property (IP) is a term used to represent intangible works or creations of the mind that include written works, artistic renderings, names, and inventions (WIPO, 2017). Copyright is one category that falls under intellectual property. Under copyright law, the literary and artistic creations of authors and creators are protected from reuse and repurposing without the creator's consent (WIPO,2017). An original creator's basic rights under copyright law include exclusivity to use their work,exclusivity to grant permission to others to use their work, and the right to prohibit derivative works (WIPO,2017).
Fair Use in Education
Under U.S. Copyright Law, the fair use doctrine states that educators may use copyrighted material in their lessons without obtaining permission from the original content creator under certain provisions (American University Library, 2010). In the case of fair use, four factors must be considered prior to using copyrighted material in education, 1) purpose and character of use, 2), nature of the work, 3) substantiality of the portion of the work that is used, and 4) the effect of the use upon the potential market (American University Library, 2010). Educators can not claim fair use if they meet one of the four criteria state above nor can they be prohibited from claiming fair use because not all criteria are met (American University Library, 2010). There are nuances for each case that make fair use tricker than it seems.