Lisa Mashburn Copyright, Fair Use, and Personal Rights and Privacy Toolkit

Introduction

Introduction

Copyright 

            Copyrighted material refers to any developed idea, graphic, or creative property that another person has created or developed (Stim, 2016). This work is to be considered copyrighted and protected by law. The creator of the work is the owner, and the said owner possesses the sole right to their work. (Fisher, 2014) A person is legally bound to seek and obtain permission before using, copying, changing, or distributing another person’s work. If this is not done prior to using the other persons work in any way, they may find themselves involved in an infringement law suit.

Fair Use

            Fair use is when a small portion of copyrighted material is used for educational purposes. It is important to understand that this small portion can’t be large enough to cause any financial changes to the market value and it also has a time limit for it use (Stim, 2016).  For example, if you use a small part of an another person’s poem, just a few lines to help teach a lesson on personification, you can use it for a short time and have those few lines hanging up in your classroom. However, the lines cannot stay up for an extended period of time and would need to be taken down in a timely manner.

Intellectual Property

            Intellectual property is the creation from ideas, and these ideas are protected. Whenever you have an idea and you act on that idea by creating a piece of work, you have just created intellectual property (News, 2014). This property is protected under the copyright laws, and in some cases design rights or patents also protect this work. Individuals need to be aware of their rights in this area and also be aware of the actual ownership of such work (Andrew Little, 2013). For instance, if an individual creates works for an institution or company that has contracted with their employees to own all intellectual properties, the company or institution then owns the property. The individual who created the work, in this case, does not own the idea. Intellectual property ownership rights are also given away if a person posts their work on a social media site, as most such sights claim all rights to the postings on their sites. They obtain this right to use or sell to others without getting permission from the creator from the user agreements that a person agrees to when signing up for access to the site.

Personal Rights

            Everyone is entitled to certain personal rights. In education, students also have these basic rights (U.S. Department of Education, 2016). They have the right to view all their personal academic records. They have the right to request a hearing if their information is untrue or incorrect in order to have information changed. Students have the right to the expectation of privacy (Firm, 2016).  Parents also have the right to determine their student’s exposure and privacy risks.

Privacy

            Privacy refers to a personal right of all students and staff. Students and parents have the right to review all possible privacy issues when it comes to their students. This is done in such instances as web sites, apps, chat rooms, or even email that will be used in the classroom (Mader, 2014). Each site has their own separate privacy policy that would need to be reviewed and ultimately presented to the parents or legal guardian of each student to determine the privacy risks (U.S. Department of Education, 2016). Students themselves will need be taught and cautioned of the possible privacy risks. 

Task

Resources

Process

Creating the Toolkit

            A toolkit is a valuable collection of resources and information. To create an online toolkit is simple and fun. Start by creating a WebQuest account at https://www.createwebquest.com/ then simply follow each step. First, select the create tab, then title the toolkit as you wish. Next, add the page titles and information for each page you wish to include in your toolkit. The format for this part of the toolbox is similar to that of Microsoft programs. Once you have the information you want to include in your toolkit, select save. You can then view your finalized toolkit and share it with others. Remember to cite all information and provide all of the resources you used when creating the toolkit. 

Evaluation

Center, C. C. (2016, October 6). YouTube(TM). Retrieved from Copyright Basics:             https://www.youtube.com/watch?v=Uiq42O6rhW4

            This source provides information on the basic concepts of copyright law. It is a good source to get a quick and accurate overview of copyright laws and how they can be applied. This is a short video that is a good place to start when researching copyright law.

Creative Commons. (2016, September 8). Creative Commons. Retrieved from CC Creative             Commons: https://creativecommons.org/

            The creative commons is a sight that provides content that is free for use by others. By following the registration of any selected item, you can usually use the items freely and without fear of copyright infringement. This is a great go to place when searching for graphics, video, or music to incorporate into a lesson or project of your own.

Firm, C. L. (2016, October 6). YouTube(TM). Retrieved from Derivative Works Explained             via Star Trek: https://www.youtube.com/watch?v=Cu3JT1BmAN0

            This short video does an exceptional job of explaining derivative work by using items most people see every day. It gives examples of derivative work and explains how the work was developed and how all derivative work is created and therefore protected.

Fisher, W. (2014, January 21). William Fisher, CopyrightX: Lecture 7.3, The Rights to             Reproduce and Modify: Derivative Works. Retrieved from YouTube:             https://www.youtube.com/watch?v=mTXvS8RBj28

            William Fisher has a series of lectures about copyright, fair use, and derivative work. He provides examples of each legal amendment that covers each topic of copyright and thoroughly explains the law for each example. He also gives the court’s rulings in each circumstance. He is easy to follow, and I find all his lectures valuable and great sources of information.

NLFHSU. (2016, October 7). YouTube (TM). Retrieved from FERPA Presentation:             https://www.youtube.com/watch?v=s4oZZmwVITc

            This video goes over the FERPA Act and how it applies to educational institutions. It would be most helpful for any person in the educational system to review in order to become familiar with the FERPA law and how it applies to education.

Stim, R. (2016, August 16). Stanford Copyright and Fair Use Center. Retrieved from     Stanford University Libraries: http://fairuse.stanford.edu

            This website is a good reference for educators when trying to answer questions about copyright issues, fair use, the process of obtaining permission, and public domain. This site has a vast amount of information that can help answer most questions when dealing with any of these issues or when attempting to avoid such issues. This site also provides actual legal case summaries including the court’s ruling for each case.  

University, D. (2016, October 8). You Tube(TM). Retrieved from Intellectual Property:             https://www.youtube.com/watch?v=EQsZf2G4Sdc

            This video covers the basics of intellectual property and how it can affect you and your students. It is a short quick overview of IP and can help guide you in becoming educated in areas of intellectual property and the ownership of such property.

Carter Law Firm. (016, October 6). YouTube(TM). Retrieved from Copyright, Fair Use, and Education: https://www.youtube.com/watch?v=opqlNGBB0c8

            This video created by a law firm provides a quick overview of fair use in education and how copyright pertains to fair use within the educational system. It can provide educaters with guidelines for choosing items under the fair use law and correctly using these items without breaking copyright law.

Creative Commons. (2016, October 6). Creative Commons Cororation. Retrieved from Creative Commons: https://creativecommons.org/

            This video covers how to search and use items found on the creative commons. It goes over what the creative commons is, how to search, and how to determine how each item can leagaly be used. Before using the creative commons, one should view this viedo to become educated in the area of the creative commons and how you can use what you find on this site.

EmergongEdTech. (2016, October 7). YouTube. Retrieved from Copyright and Fair Use, as it applied to Education and Teaching: http://youtu.be/islFL7h8ADc

            This short viedo goes over copyright and fair use in the classroom. This is a good site on determining what can and can't be considered fair use. It also explains when an item is no longer considered fair use, but becomes an issue of copyright infringment. This is a helpful source for all teachers when determining fair use in their classrooms.

Pond5. (2016, October 7). YouTube(TM). Retrieved from Public Domain 101: https://youtu.be/Nc3Dnh2JCMI

            This site reviews public domain, what it is, how it can be used, and its importance. It goes over the basics of public domain. It explains how to use it and all aspects of the public domain. It also explains the different ways items get into the public domain.

U.S. Department of Education. (2016, October 6). U.S. Department of Education. Retrieved from U.S. Department of Education: http://www2.ed.gov/policy/gen/guid/fpco/brochures/elsec.html

              This web site gives you all the legal documents and laws that educational instututions and educational professionals must follow in order to be in compliance with the laws of privacy and student safety. It lists each part of the law and explains what one must do to follow the law. This site explains each law and how it applies to education. It also gives you contact information in case you have other questions that were not answered within this site. This is a great site to review and become familiar with. It also would be a good site to refer back to for any questions that might arise in the future. 

Conclusion

Conclusion

            This WebQuest toolkit has been created to provide a one stop reference and resource guide to copyright, fair use, intellectual property, and privacy rights for students and educators. I created it with seven separate sections to help it be more user friendly. The introduction included brief overviews of each topic. Next is a list of resources I found helpful and have bookmarked for my continual reference. I also have included the process of creating a toolkit in the chance someone would like to make their own toolkit.  I have evaluated each resource by including a simple evaluation and have include all my references in creating and learning throughout this process.  The last page is just some helpful hints that others might find just as helpful in their search or process of navigating copyright issues. 

Credits

References

Abilock, R. A. (2016). i agree, but do i KNOW? Privacy and Student Data. Knowlwdge Quest, 10-21.

Andrew Little, B. R. (2013). Intelletual Propert Issues Arising From Business Ideas Generated by Undergraduate Students. Southern Law Journal, 249-267.

Cohen, J. (2015). Property as Institutions for Resources: Lessons from and for IP. Texas Law Review, 1-57.

Crawford, W. (2005). The Copyright Spectrum. Library Technology Reports, 11-23.

Creative Commons. (2016, September 8). Creative Commons. Retrieved from CC Creative Commons: https://creativecommons.org/

Crews, K. (2016, August 16). Disance Education and the TEACH Act. Retrieved from Advocacy, Legislation and Issues: www.ALA.org

David Rahn, C. S. (2016). Building Intellectual Propery and Equity Ownership Policy for Entrepreneurship Programs; Three Diffrent Approaches. Journal of Enterpreneurship Education, 51-67.

DeVoss, N. D. (2015). Academia, Academe, and Intellectual Property. Academe, 22-25.

Eli Dourado, A. T. (2014). Public Choice Perspectives in intellectual Property. Springger Science and Business Media, 129-151.

Fisher, W. (2014, January 21). William Fisher, CopyrightX: Lecture 7.3, The Rights to Reproduce and Modify: Derivative Works. Retrieved from YouTube: https://www.youtube.com/watch?v=mTXvS8RBj28

Leonhard, G. (2016, September 24). The Future Show with Gerd Leonhard. Episode 1, Season 1: Privacy Failure. Retrieved from YouTube: https://www.youtube.com/watch?v=ixnkqn_FJj4&feature=youtu.be

Long, S. A. (2006). US copyright law: the challenge of protection in the digital age. Emerald Group Publishing Limited, 450-452.

Mader, B. S. (2014). Protecting Students' Online Privacy - By Law. Science 2.0, 8-9.

Malagi, S. (2016). The Role of Interrnational Framework in Promoting Copyright protection in Cyber space. Research Journal of Science and Technology, 107-112.

Marc A. Lieberstein, W. M. (2014). Before You Use Others' Intellectual Property Without Permission, Consider This . . . Franchise Law Journal.

Miller, B. (2016). Can I Use This App or Website for My Class? Knowledge Quest, 22-29.

Seadle, M. (2004). Copyright in a Networked World: Ethics and Infringment. Library Hi Tech, 106-110.

Sheloitz, M. (2015). US Software Copyright Tregistration is Game Changer. TCA Regional News.

Stim, R. (2016, August 16). Staanford Copyright and Fair Use Center. Retrieved from Stanford University Libraries: http://fairuse.stanford.edu

Storella, A. C. (2015). It's Selfie-Evident: Spectrums of Alienability and Copyrighted Content on Social Media. Bostin University Law Review, 2045-2086.

Unknown, A. (2014). Goodlatte Statement on World Intellectual Property. Targered News Service.

Center, C. C. (2016, October 6). YouTube(TM). Retrieved from Copyright Basics: https://www.youtube.com/watch?v=Uiq42O6rhW4

Creative Commons. (2016, September 8). Creative Commons. Retrieved from CC Creative Commons: https://creativecommons.org/

Crews, K. (2016, August 16). Disance Education and the TEACH Act. Retrieved from Advocacy, Legislation and Issues: www.ALA.org

Firm, C. L. (2016, October 6). YouTube(TM). Retrieved from Derivative Works Explained via Star Trek: https://www.youtube.com/watch?v=Cu3JT1BmAN0

NLFHSU. (2016, October 7). YouTube (TM). Retrieved from FERPA Presentatioin: https://www.youtube.com/watch?v=s4oZZmwVITc

Soukup, P. (2014). Looking at, with, and through YouTube (TM). Communications ReearchTrends, 3-34.

University, D. (2016, October 8). You Tube(TM). Retrieved from Intellectual Property:             https://www.youtube.com/watch?v=EQsZf2G4Sd

Teacher Page

[img_assist|nid=42546|title=teacher|desc=|link=none|align=left|width=67|height=100]Helpful Hints

            In my search for information and guidance in the vast world of copyright laws, privacy, fair use, intellectual property, and derivative work within the scope of the education field, I found that by following one simple rule one could avoid finding themselves in infringement trouble. To avoid legal issues, it is a good rule of thumb to obtain permission from the copyright owner to use their work or to obtain work from the public domain that allows the free use of selected material. While fair use does apply to educators, there is no set of finite rules to follow to absolutely protect yourself against infringement issues. I believe a good rule to follow is that when you are in doubt you get permission. There also seems to be a vast amount of information available for this topic and can be researched if and when you have questions.