Jenni McGee Copyright, Fair Use, and Personal Rights and Privacy Toolkit

Introduction

Most individuals know what copyright is. They assume it’s not taking someone else’s words. Some people don’t know it covers all forms of multimedia and intellectual property. The public domain is lesser known outside of the education environment. Derivative property is very prevalent in the education field. Everyone should know what it is and how to credit the ownership.

Copyright is the right to make, sell, or distribute material of some idea in a certain form (U.S. Copyright Office, n.d.). It does not only include books, movies, and other tangible property. It includes intellectual property as well. This can be computer programs, blog posts, and other creative works. 

Derivative work is a work that is copyrighted but the main idea comes from another work that is copyrighted (Seadle, 2004). This can be accomplished by changing a Disney princess movie into a haiku with vague references. It must be drastically different but maintain the integrity of the original source. Normally, it involves changing the medium of the original idea. It’s why Disney tries to cover their tracks by having movies, dolls, books, and many other aspects of merchandise(Harvard Law School & Fisher, 2013). After the derivative work has been copyrighted, it is considered independent from the original work. 

All newly derivative work must have a completion date, the date the distribution of work happened, and the owner’s name from the original work. According to Guzman and Northwestern University School of Law (2015), the majority of derivative work online is not copyrighted nor does it have permission of the original owner. Owners need to safe harbor their intellectual property. Fair use allows others to use original work but to give credit where it is due.

Intellectual property is the property of the mind (Sunwolf, 2015). This includes logos or methods of practice. If a research developer has figured out a more efficient way to extract DNA from an African violet, then the understudy that continues their method has infringed on the rights of the developer. Most developers or companies get their methods trademarked or as a patent and document them in lap notebooks. 

The Children’s Online Privacy Protection Act, COPPA, does exactly what it says, enforces regulations about children’s online privacy. A child in this government rule is considered anyone under the age of thirteen. It gives the parents the right to consent to the collection of information about them and their child (Complying With COPPA: Frequently, 2020). Also, it allows the parents to follow up on their child’s online usage of the website or server being used. This is one of the main reasons we have the verify you are over a certain age on many commercial websites and online servers. There is also a portion of the act that controls the collection and usage of general public information if their site is directed toward children.

Protection is an expected right of most U. S. citizens. The Protection of Pupil Rights Amendment, known as PPRA, protects a student’s information that is social in nature, such as sexual behavior, mental issues, income, and religious affiliations, for a survey. The Local Education Agency must notify the individuals involved in the survey when it covers the eight categories that are considered protected. Most higher education institutions rely on surveys to view a student’s overall social and emotional well-being (Durlak et al., 2011).

The United States is very dedicated to the privacy of its students. The federal law guiding this privacy is called Family Educational Rights and Privacy Act or commonly called FERPA. When the student is over eighteen years old or in higher education, a parent cannot access the education records (Family Educational Rights and Privacy Act (FERPA), 2021). These students can grant permission for parents or guardians to access their educational records. FERPA is very similar to HIPAA, Health Insurance Portability and Accountability Act. HIPAA takes care of medical information and how it is used. 

https://www.flickr.com/photos/31477768@N00/3020135683

 

Task
Process

1. Piculell's TEACH Act Video is an animated video that provides great information on the TEACH Act. 

2. Software copyright provides multi-layered protection. It covers the insides, from employees, the outsides, from competitors, and from the general vicinity, outside developers who work on the software. The article also discusses how breaking the copyright law could include a literal copy of software or a big similarity. It’s easy to register the software and has unparallel protection for the rights of the owner. The article gives a couple of great examples that can be researched further. It’s an excellent source of general information. I would use this in my research for copyright laws of software development.

3. This article does a deep dive into the legal ramification of user agreements on social media. It discusses cases with big names, such as Facebook and Instagram. People enjoy sharing their information with others but at their discretion. The in-depth analysis of the user agreement is greatly appreciated. Most users simply agree to the terms of use without reading the agreement. 

4. This article goes into fair use law, which has not been explored in the previous ones. It is broken into multiple sections depending on what you need, copyright, patent, trademarks, and trade secrets. It also deep dives into the history of intellectual property and asks the reader to think outside of the box and how can the laws be made better. 

5. It starts out with a brief history and defines some common definitions involving intellectual property. The article is able to identify specific ways of not breaking the law. It later goes into a more detailed history of copyright law. One disadvantage is this article appears to be from the United Kingdom. There are different laws in the countries. 

6. The article reviews the history of copyright law. It gives great definitions and insight into how the laws for copyright have changed over the years. It goes further into the importance of seeing the law grow, not necessarily change, but add to. We still need the hard print copyright laws but intellectual property needs to be added to. It also explains how there isn’t a clearly defined way to implement the laws.  

7. Michael Seasdle breaks down how copyright law is an ethical dilemma. When someone is accused of infringement, the courts may not have the clearest direction and apply the human aspect to the law.

8. Creative Commons is a search engine for images that can be used by anyone. The website guides users on citing their sources and allowing free use of media available. I learned about Creative Commons in grad school but have been able to utilize the site since being introduced. 

9. The video relates to copyright and intellectual property in user-friendly terminology. It explains different ways copyright has an effect on the originator. It even addresses reviewers and their responsibilities.

10. This is a lengthy video about intellectual property but it is very relatable. The speaker, Mr. Mossoff, draws the listener in and maintains the attention. He makes the viewer feel comfortable while providing definitions of complicated legal terms with real-life examples. 

11. The Berkman Klein Center for Internet & Society is a YouTube channel that is a wonderful resource for information about technology and the laws that apply to them. They are affiliated with Harvard University. 

12. Every toolkit needs a picture. This is the copyright symbol. It is very universal. It seemed perfect to end on this note.

Evaluation

1. The characters do have a monotone voice but it makes me laugh every time I watch it.

2. The article gives a couple of great examples that can be researched further. It’s an excellent source of general information. I would use this in my research for copyright laws of software development.

3. It would be helpful to users if the content usage at the platform’s discretion was in bold. This is a reliable scholarly resource and could prove to be helpful.

4. The real-world integration of information is very helpful. This article would be very helpful for any educator who is unsure if they are infringing on the rights of others’ intellectual property.

5. The progression of the law is very interesting to observe throughout the work. The flow of the writing was very easy to follow while maintaining the integrity of the verbiage that handles copyright. This article was very useful for breaking down hard-to-understand concepts. 

6. I loved the introduction to this article and that it related things to education. Tying everything back to library studies was very helpful. I would use this article in future work.

7. It is interesting the way the writer breaks apart the decisions into three different areas. This is the first article I read that explicitly says plagiarism. I would highly use this article for research purposes. I see how it can be utilized in education.

8. At first, it was hard to navigate because I missed the search menu. I was honestly overwhelmed. I had to click on the menu option to search the site. A user can select searching a specific search engine or just do a basic query. I highly suggest selecting a search engine because it can look like a deluge of results without one. When you don’t select a specific engine to search, you can select what kind of file you looking for. Creative Commons also shows you how to cite what you find.

9. This video is very user-friendly with easy language and proper inflection of tonality. It also has relevant images in the video.

10. When I first saw this video, the speaker made me smile. I felt like he was respectful of my time and my intelligence. I also love the fact that utilized the sections feature on YouTube. Viewers can easily find the area they are looking to learn more about.

11. This YouTube channel has an amazing array of playlists that cover multiple areas of copyright infringement. Some of my favorites are the Academic Uses of Social Media, Privacy Series, and Access to Information.

12. I love this universal symbol in its simplicity. You can tell it stands for copyright as it as a "c" in the circle. The circle shows it being closed to being used by anyone else without giving credit to the owner.

Conclusion

This is a WebQuest that reviews websites, videos, YouTube channels, pdf files, and an image on copyright, fair use, intellectual property, personal rights, violations, and privacy. 

Credits

Delich, C. (2023, June 22). What is internet copyright infringement? Wisegreek. https://www.wise-geek.com/what-is-internet-copyright-infringement.htm

Guzman, F., & Northwestern University School of Law. (2015). The tension between derivative works online protected by fair use and the takedown provisions of the online copyright infringement liability limitation act. Northwestern Journal of Technology and Intellectual Propert, 13(2). http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?articl…

Harvard Law School & Fisher, W. W., III (Director). (2013). The rights to reproduce and modify [Film]. The Berkman Kline Center for Internet & Society. http://www.youtube.com/watch?v=mTXvS8RBj28

House Judiciary Committee. (2016, December 8). Goodlatte & conyers release first policy proposal of copyright review [Press release]. http://judiciary.house.gov/media/press-releases/goodlatte-conyers-relea…-

Seadle, M. (2004). Copyright in a networked world: Ethics and infringement. Library Hi Tech, 22(1). https://doi.org/10.1108/07378830410524620

Sunwolf, P. (2015). Communication research trends. Communication Research Trends, 34(1), 3536. http://go.openathens.net/redirector/ncu.edu?url=https://www.proquest.co…

U.S. Copyright Office. (n.d.). What is copyright? U.S. Copyright Office. https://www.copyright.gov/

Family Educational Rights and Privacy Act (FERPA). (2021, August 25). U.S. Department of Education. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html#skipnav2

Durlak, J. A., Weissberg, R. P., Dymnicki, A. B., Taylor, R. D., & Schellinger, K. (2011). The impact of enhancing students’ social and emotional learning:A meta-analysis of school-based universal interventions. Child Development, 82(1), 405432. http://casel.s3.us-east-2.amazonaws.com/impact-enhancing-students-socia…

 

Teacher Page

I believe privacy and protection of student information are very important. I do have an issue where an individual wants to pay on a student’s financial account but doesn’t have their student identification number. If the person paying has the name, date of birth, and gender or a social security number, they should be able to pay/donate. It would be helpful to have gender and date of birth or age for my class registration list. It could help me know how much background information or if someone is too young to understand certain terminology, I may use in the classroom. Overall, the copyright and privacy laws are amazing at protecting students and impactful in areas that reach beyond the classroom.