IP ToolKit

Thanks for taking the time to review this Intellectual Property toolkit! I am Deb Geiger, an online educator at the high school level. This toolkit introduces some terms and concepts designed to offer a basic understanding of the laws surrounding Intellectual Property. Don’t miss the “task” portion for a treasure trove of links and articles for deeper research on the different concepts discussed!

By Deb Geiger 2024

Just as laws exist to protect your house or other personal property, intellectual property (IP) laws exist to protect your ideas or concepts. The concept of IP has existed longer than the United States. In fact, the laws surrounding IP were some of the many reasons that the founding fathers wanted to break away from England in the first place. Mosoff describes that patents were bestowed upon individuals by the crown and could not be shared with anyone (2017). When someone had a patent, that person owned exclusive rights to an idea and had to build it, write it or otherwise create it into fruition. The founding fathers, however, wrote intellectual property laws in a way that allowed people the ability to disperse their ideas to best fit their needs. The law was written so that if someone has an idea, and gets that idea patented, they can assign rights to other individuals to best build, promote and sell the concept. There are many examples of how this unique concept has helped the United States bolstered the economy through creative genius (Mosoff, 2017). 

Cornell University simplifies the concept of IP laws by comparing it to a textbook that may be translated into several languages. Although the physical copy of the book has changed with the translations, the underlying concepts stay the same. Those concepts are what we can consider intellectual property (2024). 

Copyright laws are specific to certain types of intellectual property. They protect works of "authorship”. This could be through the forms of literature or other writings, music, paintings and other artwork, computer software and architecture (copyright.gov). Work that is not copyrighted will likely be found in the public domain. There are four scenarios in which work can be found in the public domain. Those scenarios happen when the copyright has expired, the copyright owner does not follow copyright renewal rules, the copyright owner deliberately places the work in the public domain, or the work is outside of the types of work previously discussed that is covered in copyright law (Stanford University, 2024). 

Outside of the public domain and the other specifics discussed, creative works are considered copyrighted. Copyrighted work needs to be used appropriately, by either gaining permission to use the work and appropriately accredit the work to the original creator, or it needs to fall under the umbrella of the fair use doctrine. There are four factors to consider when determining if use of copyrighted works has been used according to fair use: What is the nature of the use? If it is for nonprofit, educational purposes, it is deemed fair. What is the nature of the original work? Work that is unpublished, and falls more into the creative category, vs. fact based work, are more regularly considered to have infringed on. How much of the copyrighted work was used? And what is the effect on the market or value of the original work?  These details will help in deciding if use is appropriate or not. Because of its loose language, Fair Use allows for flexibility for teachers in regards to copyright infringement, due to its “case by case” application (Shields, 2016). 

A specific tool that is gaining popularity in the world of academia is the Creative Commons website. This is a site that hosts works that are in the public domain. These works are available for free use, and the author clearly states if they require that they receive credit for their original works when someone uses the work found in the commons. Some argue that this is will allow access and equity to information, while others argue that allowing intellectual property to be free will stifle the creative market. 

Intellectual property cases have become more and more focused on works involving the internet. Within these cases is another topic, which is that of privacy. No longer are our greatest privacy concerns about protecting our physical location. These days, our concerns for privacy are largely wrapped up in the information people can gather about us without ever stepping foot on our property. 

Schools are responsible for keeping student’s information safe in accordance with the Family Educational Rights and Privacy Act (FERPA). FERPA assures that, with only a few exceptions, a school must receive written consent from a parent in order to disclose personal information of a student. Now, with the nature of online assignments and courses, there are additional privacy concerns. One of those concerns involves Learner Analytics (LA), in which schools gather information about learners in order to improve the educational experience. The data collection can be controversial, however, as it is not always clear that it is being collected, and oftentimes, students and parents are unaware about the specifics of the collections. This is one of the many ways the internet has impacted privacy rights. 

Educational ethics and legalities are an important aspect for educators to stay up to date on. Although it is rare that an educational institution is outright nefarious with their intentions, a lack of understanding of the laws or a lack of procedure to ensure teachers understand the laws might leave a staff member liable for an infringement.

Task: Helpful Resources organized in annotated bibliography style. Each resource has been bolded for easier viewing. 

Cassano, Giuseppe, & Davola, Antonio. (2020). Big red gabibbo. fake plagiarism, fictional characters and derivative work in copyrights. Italian Law Journal, 6(1), 321-340.

This is a case study to gain an understanding about derivatives. Although this is an international case, the details offer an excellent example of when your work may be considered available for public use, and when it will be protected under copyright law. 

Cornell University. (2024, March 22). What is intellectual property (IP)?Cornell University Library.Creative Commons Attribution 4.0 International License https://guides.library.cornell.edu/copyright

An excellent, user friendly page that offers a wide range of information, from generalities to granularly specific details on the different aspects of intellectual property.  

https://search.creativecommons.org/ 

This is the search portal for items found in Creative Commons. This site takes some getting used to, but it can be an excellent source for a great deal of material that is free and accessible to anyone anywhere! Be sure to note carefully how the different creators would like to be accredited for their work.

Dourado, E., & Tabarrok, A. (2015). Public choice perspectives on intellectual property. Public Choice, 163(1-2), 129-151. https://doi.org/10.1007/s11127-014-0195-x

This research article compares and contrasts two educational institutions in regards to intellectual property. The article discusses why it is important to protect intellectual property; to protect innovators and build a well functioning, productive economy, and ways in which the system fails. It covers details regarding Creative Commons, and the benefits of commons for education.  

Guzman, F. (2015). The Tension between Derivative Works Online Protected by Fair Use and the Takedown Provisions of the Online Copyright Infringement Liability Limitation Act. Journal of International Human Rights, 13(2), 181–196.

An academic article that discusses ways in which the internet has made it easier to claim a copyright infringement in regards to the concept of derivative works. 

Kelley KB, Bonner K, McMichael JS, & Pomea N. (2002). Intellectual property, ownership and digital course materials: a study of intellectual property policies at two- and four-year colleges and universities. Portal: Libraries & the Academy, 2(2), 255–266. https://doi.org/10.1353/pla.2002.0035

A good starting point when researching different policies for intellectual property that exist for staff working at the college level. 

Lieberstein, M. A., & Bryner, W. M. (2014). Before you use others' intellectual property without permission, consider this . . Franchise Law Journal, 34(2), 131-154. https://go.openathens.net/redirector/nu.edu?url=https://www.proquest.com/scholarly-journals/before-you-use-others-intellectual-property/docview/1671048905/se-2

This article may be useful for someone that wants to dive deeper into other legal concepts that might arise in regards to intellectual property. The authors discuss the specific values of some of the most world-renowned brands in the market and covers the concept of the estoppel defense, which is a defense that states that someone can’t be held accountable for infringement on intellectual property if they can show that the creator of the content was intentionally misleading in a way that resulted in misuse of the property. The article goes into great detail on patents and how far reaching those protections may be. It also shares costs of infringing on a patent, and ways one can avoid infringement.

Mossoff, A. (2017, November 30). The role of intellectual property in an innovation economy. Hayek Lecture Series. Duke University Department of Political Science. Youtube. https://www.youtube.com/watch?v=RULG3ImWvH8

This Youtube video offers a great historical overview, as well as details about patents. The lecturer is engaging and easy to listen to, while offering a great deal of information, specifically covering patents, but is useful knowledge for any study of intellectual property. I would recommend viewing all of his lectures!

Nelson, C. R., Barnett, G., Gorman, R. A., Reichman, H., Zurbriggen, E., & Nisenson, A. M. (2014). Defending the freedom to innovate: faculty intellectual property rights after Stanford v. Roche. Academe, 100(4), 38-56. https://go.openathens.net/redirector/nu.edu?url=https://www.proquest.com/trade-journals/defending-freedom-innovate-faculty-intellectual/docview/1554587426/se-2

An academic article that gives insights about a specific legal case that has broad implications for teachers working at the college level.

Ross, T. (2013). The fate of style in an age of intellectual property. Elh, 80(3), 747-782. https://go.openathens.net/redirector/nu.edu?url=https://www.proquest.com/scholarly-journals/fate-style-age-intellectual-property/docview/1441254150/se-2

This article offers a great historical background, as well as some excellent concepts around ideas and style. Ross discusses the important distinction between the use of the exact words or images created by a person, versus the ideas or feelings that the work uses. That is, is it within one's rights to use the style of someone’s work, while creating their own work? 

The article covers the history of the concept, dating back to the 1700’s. Like many intellectual property concepts, the idea of style is a challenging one, with many nuances to consider. In some cases, a style of a piece of work may be protected, while in many others, the law says that if the subject matter is different, then the works cannot be considered identical, and the original work is not protected. The level at which style is protected depends on the type of work that has been created. The article is useful from an educational stance in that it is very thorough with its historical data.

Seadle, M. (2004). Copyright in a networked world: ethics and infringement. Library Hi Tech, 22(1), 106-110. https://doi.org/10.1108/07378830410524620

Seadle writes about not only the black and white letters of the law in regards to copyright, but also the more gray area of ethics. What was the intention of the infringement? What type of material did the person share, and how are the rules surrounding the situation generally enforced? All of these points will have an effect on the ethical ruling. 

The paper goes into useful detail in regards to the differences between stealing a physical item, say, a cd or dvd from a store, versus sharing digital works on the internet. Because the laws were not originally written with language to protect digital forms of media, there were (and still are) many challenges in holding people accountable for the use of materials in digital form. This article discusses the ethics behind the need to update the law. 

One element that this article covers that is useful for educational settings is the discussion regarding plagiarism. As one of the main forms of copyright infringement in academia, it is hugely relevant and necessary for students and educators alike, to stay up to date on their understanding of the term, and how to minimize inadvertently plagiarizing other’s works. The author lists a number of contracts that educational institutions and libraries utilize to communicate their rules on plagiarizing and appropriate use of intellectual property in general.

Sheppard, T. (2009). Putting the public in the public domain: The public library’s role in the re-conceptualization of the public domain. New Library World, 110(5/6), 207–218. https://doi.org/10.1108/03074800910954244

The public domain is an important piece of intellectual property. Understanding the ways in which a piece can be found in the public domain is important for creators and useful for educators when designing curriculum. This article offers useful details on the topic. 

Shields, T. D. (2016). The Impact of Cambridge and the Determination of Fair Use in Educational Settings. International Journal of Educational Administration and Policy Studies, 8(6), 66–84.DOI: 5897/IJEAPS2015.0429

A great resource for teachers learning about fair use policies. 

Stanford University Libraries. (2024). Welcome to the public domain. Copyright and Fairuse. Stanford Libraries.  Creative Commons Attribution-Noncommercial 3.0 United States License. https://fairuse.stanford.edu/overview/public-domain/welcome/

User friendly, and well organized to give someone all the basic information they might need to navigate the waters of IP law. An excellent resource. 

U.S. Copyright Office. (2024). Copyright in general. https://www.copyright.gov/help/faq/faq-general.html#:~:text=Copyright%2C%20a%20form%20of%20intellectual,%2C%20computer%20software%2C%20and%20architecture.

This website offers a useful FAQ page. 

Process

When creating this intellectual property toolkit, I first had to introduce myself to the webquest website. I created a profile and clicked through the different tabs on the page to get a basic understanding of the formatting and layout of the page. I also copied and pasted the instructions from my student page on the National University website to orient myself with the different elements of the assignment. 

Once I was familiar with the website and the instructions, I opened my word processing program of choice (Google Docs) and started working on the different pieces of the assignment. I started with the “Task” portion, in which I built a list of helpful resources. This was a useful starting off point because it allowed me to review all of the work I have completed over the past eight weeks, and re-acquaint myself with a few of the most useful tools I used throughout my research. While reviewing my previous work and gathering the list of resources, I also started taking notes for my introduction, in which I was assigned to give an overview to the different concepts we have covered in class. 

Having the list of resources and a solid starting off point for the introduction, I worked through the evaluation tab, in which I discussed my reasoning for including the different resources that I included in my webquest. From there, I was able to complete the conclusion, credits and teacher pages were similar to the other pages. 

Evaluation

For the toolkit, I reviewed all of my assignments from the class and chose the sources that were most beneficial to me in gaining an understanding of the concepts of copyright, fair use, intellectual property, and personal rights. I included the course materials that I found especially helpful. The Creative Commons site itself took me some practice in learning to navigate so I included it with some instruction to give some extra time to get familiar with the site. With a lack of detail in the instructions as to what the layout or any other expectations were, I chose an annotated bibliography format, so that someone trying to educate themselves on the topic would be able to read through the list and have a general idea about the topics listed, even if they don’t move forward with clicking on each one of them. Alternatively, if they are looking for something in particular, they can browse through the notes, similar to reading abstracts, and choose the link that is most suited to their needs. The bulk of the links are academic articles and could be used as a resource for a scholarly essay.

Conclusion

This webquest is designed to offer an introduction to terms and concepts taught in the National University course EL-5007 Ethics and Legal Issues. The quest offers an introduction, a list of helpful teaching resources, a process evaluation, a summary and reflection about the resources, a general summary, a complete list of resources used for the whole webquest, and a teacher page with additional tips and tricks for best use. 

 It starts with a brief history and summary of intellectual property as a concept, and the laws surrounding it, such as copyright laws, the fair use doctrine, and ideas surrounding privacy and personal rights in regards to learner analytics and online coursework. 

The “Task” tab is designed as a resource kit, in which one might dive deeper into these concepts, as well as learn about different court cases and other legal terms that are necessary to learn about when studying educational laws and ethics around intellectual property. 

The first two tabs are likely to be the most helpful for any students new to the topic. The remaining tabs involve my process for building the webquest, general summaries, a list of resources used in the written portions of the webquest, and some tips and tricks for best practices when learning about the topics at hand. It is important to note that the formatting on the webquest site is limited to the point that the resources page is not able to be formatted in proper APA style. I hope this webquest  can be used as a succinct and informational tool for anyone learning about ethics and legal issues in education.

Cassano, Giuseppe, & Davola, Antonio. (2020). Big red gabibbo. fake plagiarism, fictional characters and derivative work in copyrights. Italian Law Journal, 6(1), 321-340.

Cornell University. (2024, March 22). What is intellectual property (IP)?Cornell University Library.Creative Commons Attribution 4.0 International License https://guides.library.cornell.edu/copyright

Dourado, E., & Tabarrok, A. (2015). Public choice perspectives on intellectual property. Public Choice, 163(1-2), 129-151. https://doi.org/10.1007/s11127-014-0195-x

Guzman, F. (2015). The Tension between Derivative Works Online Protected by Fair Use and the Takedown Provisions of the Online Copyright Infringement Liability Limitation Act. Journal of International Human Rights, 13(2), 181–196.

Kelley KB, Bonner K, McMichael JS, & Pomea N. (2002). Intellectual property, ownership and digital course materials: a study of intellectual property policies at two- and four-year colleges and universities. Portal: Libraries & the Academy, 2(2), 255–266. https://doi.org/10.1353/pla.2002.0035

Lieberstein, M. A., & Bryner, W. M. (2014). Before you use others' intellectual property without permission, consider this . . Franchise Law Journal, 34(2), 131-154. https://go.openathens.net/redirector/nu.edu?url=https://www.proquest.com/scholarly-journals/before-you-use-others-intellectual-property/docview/1671048905/se-2

Mossoff, A. (2017, November 30). The role of intellectual property in an innovation economy. Hayek Lecture Series. Duke University Department of Political Science. Youtube. https://www.youtube.com/watch?v=RULG3ImWvH8

Nelson, C. R., Barnett, G., Gorman, R. A., Reichman, H., Zurbriggen, E., & Nisenson, A. M. (2014). Defending the freedom to innovate: faculty intellectual property rights after Stanford v. Roche. Academe, 100(4), 38-56. https://go.openathens.net/redirector/nu.edu?url=https://www.proquest.com/trade-journals/defending-freedom-innovate-faculty-intellectual/docview/1554587426/se-2

Ross, T. (2013). The fate of style in an age of intellectual property. Elh, 80(3), 747-782. https://go.openathens.net/redirector/nu.edu?url=https://www.proquest.com/scholarly-journals/fate-style-age-intellectual-property/docview/1441254150/se-2

Seadle, M. (2004). Copyright in a networked world: ethics and infringement. Library Hi Tech, 22(1), 106-110. https://doi.org/10.1108/07378830410524620

Sheppard, T. (2009). Putting the public in the public domain: The public library’s role in the re-conceptualization of the public domain. New Library World, 110(5/6), 207–218. https://doi.org/10.1108/03074800910954244

Shields, T. D. (2016). The Impact of Cambridge and the Determination of Fair Use in Educational Settings. International Journal of Educational Administration and Policy Studies, 8(6), 66–84.DOI: 5897/IJEAPS2015.0429

Stanford University Libraries. (2024). Welcome to the public domain. Copyright and Fairuse. Stanford Libraries.  Creative Commons Attribution-Noncommercial 3.0 United States License. https://fairuse.stanford.edu/overview/public-domain/welcome/

U.S. Copyright Office. (2024). Copyright in general. https://www.copyright.gov/help/faq/faq-general.html#:~:text=Copyright%2….

Teacher Page

It has proven useful for me, when given the opportunity, to begin my learning about a new topic with the youtube videos available. These generally offer a high level overview on the different topics being learned, and familiarize me with terms that I will be reading about in the academic articles. 

I also found it useful to allow a great deal of time getting comfortable within the Creative Commons website. It is a tool I had not previously spent any time on, and I found that it took some time to get comfortable searching within the different search engines, so a little extra time allowed for me to learn some preferences within the different engines. 

I gained a better understanding of the rules in general when I read about different court cases. This is why I included a few court cases in my list of resources. Reading about different examples in which the laws were used, and the different details that influenced the outcomes helped me understand more thoroughly the nuances within the legalities.