Introduction
From K-12th grade, the parent has the right to access student records. Parents can determine if their child is attending class, and how many days the student missed. Parents can also check their child’s grades. During this K-12 time period the parent has access to their child’s records.
The rules change once their child decides to go to college. The parent has to seek permission from the child in order to view their records. The Institution for college students will not release data to parents without the permission of the child. This is covered under the Family Education Rights and Privacy Act (FERPA).
This could be a nightmare for some parents who are used to monitoring their child’s every move. Some students will go to college and not turn in assignments or skip class. If the parent attempts to call the intuition to determine if their child is turning in assignments and attending class, the college cannot tell them according to the FERPA of 1965. In 1998, there was an amendment to the act to allow the Institution to notify the parent if their child violates any drug or alcohol policy, an example of this would be underage drinking. (Seaquist & Barker 2010).
This brings me to the question what personal right and privacy do students have in School. Can students have their phone confiscated to search for video of them parting with drugs and alcohol? If there is a video on social media with the students partying. Who does the video belong to and can the video be use to as evidence to expel the student. There are resources in the tool kit to help answer some of these questions related to copyright, fair use, intellectual property, personal right violations, and privacy.
Task
1. Goodlatte Statement on World Intellectual Property Day
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1675958417?accountid=28180
- US Software Copyright Registration is a Game Changer
Retrieved From https://en.globes.co.il/en/article-us-software-copyright-registration-is-game-changer-1001030034
- Public Choice Perspectives on Intellectual Property Day
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1671990588/fulltextPDF/F35CA0F387B44BD6PQ/1?accountid=28180
- It’s Selfie-Event: Spectrums of Alienability and Copyrighted Content on Social Media
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1640563660/D87FC0A288E14244PQ/1?accountid=28180
5. Before You Use Others’ Intellectual Property Without Permission, Considers This….
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1671048905/BC04ED5B6D4D48BFPQ/1?accountid=28180
- The Fate of the Style in an Age of Intellectual Property.
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1441254150/BE4BF9D7F9C0472FPQ/1?accountid=28180
- US Copyright Law: the Challenge of Protection in Digital Age
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/229565546/FBBC13D5107840CEPQ/1?accountid=28180
- Copyright in a Network World: Ethics and Infringement
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/200707252/DBF2421F88AA4D1EPQ/1?accountid=28180
- Looking at, With, an Through YouTube™
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1566387376/E2A86B727B4141CCPQ/1?accountid=28180
- HIPAA Health Insurance & Accountability Act
Retrieved from https://web-a-ebscohost-com.proxy1.ncu.edu/ehost/pdfviewer/pdfviewer?vid=14&sid=2dad689e-f4c8-4f14-b312-68e331a69a92%40sdc-v-sessmgr01
11. Children’s Online Privacy Protection Rule
Retrieved from https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa frequently asked-questions-0#B
12. Copyright: Distance Education and the TEACH Act
Retrieved from http://www.ala.org/advocacy/copyright/teachact/distanceeducation
13. Creative Commons Kiwi Retrieved from https://creativecommons.org/about/videos/creative-commons-kiwi
14. School Records Protect Retrieved from https://search-ebscohostcom.proxy1.ncu.edu/login.aspx?direct=true&db=edshol&AN=edshol.hein.journals.neastjol23.5&site=eds-live
Process
There is so much information when it comes to copyright laws that it can become confusing. When you think you know one thing, there is always an exception to the rule. For example, you have the copyright law that protects the original owner of intellectual property. Then there is the Fair Use which it okay to use a certain amount of the intellectual property and then there is TEACH Act that allows teachers and instructors to use intellectual property without getting permission from the owner. I created a tool kit that covers a little bit of everything. Keep in mind, copyright and legal laws change every day. Always check for the latest update when doing research and making decisions. If there are any doubts or any questions, seek professional legal advice.
Evaluation
Goodlatte Statement on World Intellectual Property Day
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1675958417?accountid=28180
The World Intellectual Property Day is a day that House Judiciary Chairman Bob Goodlatte released a statement about raising the awareness on how to protect IP rights and how patent, and trademarks impact everyday life. This day was set aside to promote and celebrate the contribution of creators and innovators to societies around the world and to encourage people to respect the IP rights of each other. The statement also assesses the law to determine if their good for the growth of digital world.
US Software Copyright Registration is a Game Changer
Retrieved From https://en.globes.co.il/en/article-us-software-copyright-registration-is-game-changer-1001030034
The US software copyright registration is about protecting software. Now all software has to be registered and if a company copy is found not registering the software, they could receive a big penalty. The Institutions can make sure all the software they use is registered to avoid getting a penalty.
Public Choice Perspectives on Intellectual Property Day
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1671990588/fulltextPDF/F35CA0F387B44BD6PQ/1?accountid=28180
The Public choice Perspectives on Intellectual Property discusses how easily and cheap it is to imitate someone’s product than to create a new idea. The Innovators can’t recoup their money from the research and time to invent the product. Institutions can create their own work instead of using something that already exists without permission.
It’s Selfie-Event: Spectrums of Alienability and Copyrighted Content on Social Media
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1640563660/D87FC0A288E14244PQ/1?accountid=28180
The Spectrums of Alienability and Copyrighted Content on Social Media discuss pictures and videos posted on social media. Copyright’s purpose is to protect the person after the media is posted on the internet and to determine who owns the copyright of the pictures or videos. Institutions can review this article before using pictures and videos posted on social media. “In an online world, where phones with cameras and recording devices are virtually ubiquitous, conflicts arise between audiences’ desires for greater access to private information shared on social media platforms and private persons’ interests in maintaining control over their data” Tsesis, A. (2019).
Before You Use Others’ Intellectual Property Without Permission, Considers This….
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1671048905/BC04ED5B6D4D48BFPQ/1?accountid=28180
This article discusses Intellectual Property trademarks and trade secrets. One of the trademarks battles discussed included the University of Southern California and University of South Carolina over who had the right to the logo USC. This article can be reviewed before Institutions create a trademark to ensure nobody else already has that trademark.
The Fate of the Style in an Age of Intellectual Property.
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1441254150/BE4BF9D7F9C0472FPQ/1?accountid=28180
The Fate of the Style in an Age of Intellectual property discusses the person’s idea of a new product or trademark. Does the copyright belong to the person with the idea or the person that produced the product from the idea? The Institutions can do a written contract with the person with the idea so that the Institution and the person are protected by copyright.
US Copyright Law: the Challenge of Protection in Digital Age
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/229565546/FBBC13D5107840CEPQ/1?accountid=28180
The US Copyright law protects the bargain or copyright until the innovator can recoup their investment. The law also gives authorization of use of those innovations by others so that will create more. The Institution can use this product because of the fair use exception explaining that teachers can make as many copies as that want as long they are using it for school purposes.
Copyright in a Network World: Ethics and Infringement
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/200707252/DBF2421F88AA4D1EPQ/1?accountid=28180
The Copyright in a Network World: Ethics and Infringement article discusses an argument over infringement issues or ethical issues. The Institutions can have a written policy to ensure that students do not violate the free use exception to protect the copyright of the digital media.
Looking at, With, an Through YouTube™
Retrieved from https://search-proquest-com.proxy1.ncu.edu/docview/1566387376/E2A86B727B4141CCPQ/1?accountid=28180
Looking at, With, and Through YouTube is article about videos uploaded on the internet. Educators can use YouTube to post videos to show students how to do a task or the teacher can find a video somebody else posted on YouTube and use the video to reinforce what was taught in class. The Institutions can store the video in a digital library or implement them in the lesson plan to enhance learning.
HIPAA Health Insurance & Accountability Act
One of the purposes of the HIPAA is to protect the privacy of the patient. This could be good in some cases, and bad in others. For example, if a student or teacher tested positive for COVID-19, is it morally right for the rest of the teachers and students to know the teacher’s name? This could be a tough situation for an Institution to be involved with. In my professional opinion I think the Institution should get legal advice before making this decision and think about how the decision is going to affect the institution and everyone who attends. For those individuals that work for the Institution, it is very important for them stay updated with the HIPPA privacy changes from Human Services and office for Civil Rights to protect student health information (Limmroth 2020).
Two of the Instructors in the unit that tested positive for COVID-19 names were never released to the people that work with them in the organization. This protects the patient, but what is going to protect the people that work with the patient? In my opinion, the Institution should notify the people that work with the patient who tested positive for COVID-19 without given the patient’s name. Therefore, the people that work with the patient should be required to quarantine for two weeks and highly encouraged to get tested themselves.
Children’s Online Privacy Protection Rule
Retrieved from https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa
frequently asked-questions-0#B
This rule protects children under the age of 13. In response to COVID-19 most schools are participating in online learning. These schools must be aware of the Children Online Protection rule and ensure that students and parents understand how the information collected from children is used online and is protected by the school. The policy needs to be clear and comprehensive and posted online for everybody to review. Before the schools can collect information from children under the age of 13, the school must verify parental consent with limited exceptions (Federal Trade Commission, 2020).
Copyright: Distance Education and the TEACH Act
Retrieved from http://www.ala.org/advocacy/copyright/teachact/distanceeducation
Works that are allowed under the TEACH Act include nondramatic literary or musical works. This entails poetry, short story readings, and all other music except opera; still images; and reasonable portions of other works (Crews, 2003). The Teach Act allows copyright material to be used as long as the person and the Institutions follow such rules. Under the TEACH Act Instructors can use digital articles for the students to read and reflect on to assist with the lesson plan. The Instructor can have the students to watch video online and have group discussion to solve real world problem. The student can do virtual classroom online or distance learning. The Instruction can have a digital library with all the Books, Articles and videos post on blackboard for the students to use.
Creative Commons Kiwi
Retrieved from https://creativecommons.org/about/videos/creative-commons-kiwi
The Creative Commons Kiwi will help students understand when and how to use licenses to protect or allow others to use intellectual property. This video will let students know if they can use and how they can use intellectual property. The Creative Commons License has six types to control copyright. The first one is CC and BY. The BY license allows the digital media to be reusers to distribute, remix, build on, and use for commercial. The BY means the credit has to be give to the creator. The second licenses added SA means that any change made to the media shares the same term. The third licenses change the SA to NC which mean only noncommercial uses of the work are permitted. The fourth licenses added SA . The fifth license remove the NC and SA and added ND means no derivatives or adaptations of the work are permitted. The six licenses remove the BY and added NC and ND. The licenses start with the least restriction to the most restriction. (Creative Commons "n.d".). https://creativecommons.org/faq/#what-are-creative-commons-licenses
Social Security Number
The students should expect the Institution to protect their Social Security Number. The Institution should only use a person’s social security number if necessary. In a brick and mortar classroom environment, the Institution should not leave files with students’ social security numbers in a public place. This is to prevent other students, professors, janitorial services, or anybody else from viewing the social security number. In an online environment, the Institution should not post social security numbers on websites for other people to view. The Institution should issue the student a student ID number and use that number instead of social security number. The security expert identified that one of the fastest crimes in America is social security theft, with over 10 million social security numbers being stolen each year. To prevent this from happening, Institutions can create a student number and use that number for non-social security purposes. This would lead to no need in storing social security numbers in their data base (Zhu & Yujun, 2009).
Conclusion
In conclusion, there are so many rules when students and teachers deal with copyright. This best thing to do to avoid legal issues is to get legal advice before using intellectual property. This includes software, pictures, video and background music. It is important to have balance of privacy and it is also important to support an educational institution participating in privacy acts. Privacy acts are meant to be used as protection in order to prevent individuals from harm and to protect the institution’s assets. It is pertinent to constantly review privacy acts especially when it involves e-learning, to make sure the policies are appropriate for today’s society.
Credits
Creative Commons. (n.d.). What are Creative Commons licenses?
https://creativecommons.org/faq/#what-are-creative-commons-licenses
Federal Trade Commission. (2020). Complying with COPPA: Frequently asked questions.
https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently
Limmroth, S. (2020). Influence of COVID-19 on a HIPAA training and education program. Journal of Health Care
Compliance, 22(4), 49–54.
Painter, S. L. (2015). To protect and serve: As servants of our school community and protectors of our students’
rights, it is the ethical duty of school librarians to champion student privacy and resist threats to
it. Knowledge Quest, 1, 68.
Seaquist, G., & Barken, M. (2010). Telling your parents you’re drinking too much - FERPA’s parental notification
exception. North East Journal of Legal Studies. 2010(23), 19-30. https://search-ebscohost-
com.proxy1.ncu.edu/login.aspx?direct=true&db=edshol&AN=edshol.hein.journals.neastjol23.5&site=eds-
Tsesis, A. (2019). Data subjects’ privacy rights: Regulation of personal data retention and erasure. University of
Colorado Law Review, 2, 593.
Zhu, K., & Yujun, Y. (2009). A classroom project on protecting social security numbers from identity https://search-
ebscohost-com.proxy1.ncu.edu/login.aspx?direct=true&db=tsh&AN=44726262&site=eds-live
Teacher Page
For Instructor have the student do copyright case study challenges force the student to research and have an ideal of most of the key term deal with Ethics and legal Issue. For the case the students had to reed different source to determine who owner the idea and the intellectual property. The students have to know derivative work. The assignment also covers copyright infringement, and copyright violations. This was a great exercise to apply what was learned in the previous assignment. This would also be a great activity to do in a synchronous environment or in a face to face classroom environment.