Rodney May Copyright, Fair Use, and Personal Rights and Privacy Toolkit

Introduction

Copyright, Fair Use, Personal Rights and Privacy Online Toolkit

                                                                                                               

By Rodney D. May

March 18, 2018

 

Introduction

            The information gathered and read before completing this course have produced some precious resources that may aid either another educator or a striving scholar.  The composition of an online toolkit will be the means of sharing said gathered information.  Research has brought about enlightenment on various subjects that are of the utmost importance when considering the rights of students and educators and their intellectual property (IP), Copyright laws, fair use, and student privacy.  Trying to discover and interpret the laws that govern copyrighted material can become confusing and limit the amount of confusion, this toolkit was assembled.  The scope was to select some of the most useful content that would give one a deeper understanding of the considerations necessary when dealing with IP, copyrighted material, and privacy.

            When dealing with determining whether to use the borrowed material, the best practice is to either ask permission from the license holder or use one’s material.  An educator should use the resources available at the institution by which she or he is employed to avoid any infringement issues.  One could find one’s self-faced with a lawsuit without legal representation from one’s institution.  One is better equipped if one has the tools to accomplish the task or mission given.  The author hopes that this toolkit is beneficial to all who seeks to use it.

 

Task

Task

Stanford University Libraries (2015). Copyright & fair use: What is fair use? Link

https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

 

Creative Commons. (2015). Creative commons kiwi --> --> -->. Link

https://creativecommons.org/about/videos/creative-commons-kiwi

 

EmergingEdTech. (2010). Copyright and fair use, as applied to education and teaching --> --> -->. Video

https://www.youtube.com/watch?time_continue=27&v=islFL7h8ADc

 

Piculell, A. (2013) TEACH Act --> --> -->

https://www.youtube.com/watch?v=flvmGgyJvEI

 

Pond5. (2015). Public domain 101 --> --> -->.

https://www.youtube.com/watch?time_continue=1&v=Nc3Dnh2JCMI

 

 

 

Process

Process

            The process necessary to build a toolkit is primarily based on research.  The information acquired through the research process should be stored for later use as not to continue to search for the same material repeatedly.  The most important part of a toolkit is the tools inside.  It is essential to use the right tool for the job that one is trying to accomplish.  Additionally, one must decide what is to be accomplished with the toolkit once it has been assembled.  The purpose of this toolkit is to assist students or instructors by providing information that the author found helpful during the search for information about copyright laws, intellectual property, fair use, and privacy of students.  Sifting through the plethora of information on each subject can be time-consuming, it is necessary to limit one’s resources to those that resonate or best deal with the topic at hand.

            When outfitting a toolkit, one must select the most common tools that will be required to accomplish any given task.  Resource selection really should be selective to cover the basics and branch out to peak the interest of the researcher.  Included in this toolkit are links, videos, and articles with information about copyright laws, fair use guidelines and the like. 

Evaluation

Evaluation

 

            This section is to offer an explanation of the resources chosen, and how said resources will assist students and instructors with understanding copyright laws, fair use policies, privacy, and intellectual property (IP).  Please find listed the individual resources and a brief explanation for each selection.  There are other resources available, but the purpose of this culmination of resources is to save the prospective researcher time looking for valuable reference material.

 

Technology, Equality and Accessibility in College and Higher Education Act (TEACH Act)

            This resource is helpful when discovering the parameters that govern the fair use of copyrighted digital material.  The information is primarily geared toward teachers to assist in understanding the limits of the fair use in an educational institution.  Jakubowski (2014), breaks down each facet of the law to allow the reader to gain a better understanding of how the TEACH Act directly applies in a collegiate setting.

 

LearningPad Conundrum: The Perils of Using Third-Party Software and Student Privacy

            The information found in this article gives the reader a better insight on how a student’s privacy can be in jeopardy by educational institutions using third-party software for instructional purposes.  The primary thought is the need for all stakeholders to be more aware of the potential privacy violations when using third-party software in the classroom or online services.  The article also introduces the reader to the Family Educational Rights and Privacy Act (FERPA).  The Department of Commerce is responsible for enforcing FERPA but as aforementioned all stakeholders should remain vigilant when it comes to protecting personally identifiable information (PII), as identity theft is continually on the rise worldwide.

 

Derivative Works 2.0: Reconsidering Transformative use in the Age of Crowdsourced Creation

            This article deals with fair use as it refers to derivative works.  The author is a proponent for the use of derivatives and list the regulatory requirements that apply to the creation of derivative works.  The article also give a more appealing perspective on derivatives in the music industry and how the courts have sided with those that have created derivative works  from the works of others siting the derivatives were substantial enough to stand alone.  The article points out the inconsistencies in the findings during legal proceedings.

 

The Tension between Derivative Works Online Protected by Fair Use and the Takedown Provisions of the Online Copyright Infringement Liability Limitation Act

            This article by Frank Guzman deals with the online Copyright Infringement and Liability Limitation Act (OCILLA).  This article is another source for fair use and how it is applicable to the online environment.  This article is useful to both student and teacher because it identifies the requirements for derivative works to retain validity online.  The author identifies the ease by which the owner of the copyright of an original work can have unauthorized derivatives removed from the public domain.  US Code 101 is the source cited to substantiate the claims.

 

Smart Toys and the Children’s Online Privacy Protection Act of 1998

            The article is directed at the privacy issue and children.  The Children’s Online Privacy Protection Act of 1998 (COPPA) is the legislation that protects children in an online environment.  The author explores how many of the smart devices that children use today are equipped with internet capability making the children targets for predators seeking to take advantage of young children.  The Federal Trade Commission has the oversight of enforcing the law and accessing penalties to violators. 

 

Public Choice Perspectives on Intellectual Property

            The article looks at the varying schools of thought as it pertains to intellectual property (IP).  The author give the pros and cons for both sides of the argument by exploring the good and bad of both.  The article gives an historical account of the changes in copyright laws in the US.  The article is helpful for both student looking for information on IP and how it has changed over the years.  The teacher can use the information found in the article to help students build a foundation for understanding IP and how IP has developed over time and become recognized as a copyrightable item.

 

Stanford University Libraries (2015). Copyright & fair use: What is fair use? Link

https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

            This link gives the basic definition of fair use and explains the varying factors that are involved with fair use.  A teacher or student would be wise to start their search for information on fair use on this site.  The information is provided by Rich Stim, a lawyer and blogger.  Each page provides information for both student and teacher to gain the necessary understanding of fair use. 

 

Creative Commons. (2015). Creative commons kiwi -->. Link

https://creativecommons.org/about/videos/creative-commons-kiwi

            The above link allows the user to borrow material that has been donated to the common.  The borrower simple has to comply with the donor’s specifications, in most cases the donor only wants to be given recognition for the borrowed work.  The site has pictures, videos, even instructional material to include complete training packages.  This site is very helpful for a teacher that is looking for training ideas that they can create derivatives of donated works.

 

EmergingEdTech. (2010). Copyright and fair use, as applied to education and teaching -->. Video https://www.youtube.com/watch?time_continue=27&v=islFL7h8ADc

           

Conclusion

Conclusion

     Working within the WebQuest environment is a very challenging process.  The site is not user friendly for the common user.  I found it very difficult to actually produce the desired results for the toolkit that I developed.  I like the idea of making a toolkit that one can refer others to use but the platform is hard to work with.  I expected connecting the links to the site would be the most difficult part of the process, but the true issue was uploading PDFs to the page and retaining the desired format of one's word documents.  Help on the page is limited so if one is not really computer savvy, navigation and development is very challenging. 

Credits

References

 

American Library Association. (2014). Distance education and the TEACH Act

 

Distance Education and the TEACH Act", American Library Association, January 19, 2007.

http://www.ala.org/advocacy/copyright/teachact/distanceeducation (Accessed January 22, 2018) Document ID: afac86cd-0e76-6704-ada6-539ba6387e23

 

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

 

EmergingEdTech. (2010). Copyright and fair use, as applied to education and teaching

  -->.

 

Lieberstein, M. A., & Bryner, W. M. (2014). Before you use others' intellectual property without permission, consider this. Franchise Law Journal, 34(2), 131-154. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1671048905?accountid=…

 

Long, S. A. (2006). US copyright law: The challenge of protection in the digital age. New Library World, 107(9), 450-452. http://dx.doi.org/10.1108/03074800610702633

 

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. Retrieved from            http://search.proquest.com.proxy1.ncu.edu/docview/1554587426?accountid=…

 

O’Brien, J., Roller, S., & Lampley, S. (2017). LearningPad Conundrum: The Perils of Using        Third-Party Software and Student Privacy. Journal Of Cases In Educational Leadership,         20(4), 17-26. doi:10.1177/1555458917690191

Pond5. (2015). Public domain 101 -->.

 

Ross, T. (2013). The fate of style in an age of intellectual property. ELH, 80(3), 747-782. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1441254150?accountid=…

 

Seadle, M. (2004). Copyright in a networked world: Ethics and infringement. Library Hi Tech, 22(1), 106-110. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/200707252?accountid=2…

 

Shelowitz, M. (2015, Apr 21). US software copyright registration is game changer. TCA Regional News Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1674514015?accountid=…

 

Soukup, P. A., S.J. (2014). Looking at, with, and through YouTube(TM). Communication Research Trends, 33(3), 3-34. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1566387376?accountid=…

 

Stanford University Libraries (2015). Copyright & fair use: What is fair use?

 

Storella, A. C. (2014). It's selfie-evident: Specturms of alienability and copyrighted content on social media. Boston University Law Review, 94(6), 2045-2088. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1640563660?accountid=…

 

SunWolf, P., J.D. (2015). Intellectual property and property rights: Critical concepts in intellectual property law. Communication Research Trends, 34(1), 35-36. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1667626253?accountid=…

Teacher Page

Teacher’s Page

            When dealing with copyrights and fair use, the best advice is to contact the educational institution’s librarians and familiarize one’s self with the policies of said organization.  The institution should be the primary support element for use of any borrowed material.  One should never take upon one’s self to use material in the classroom without first clearing it with the library staff.  It is also helpful to get a good working knowledge of the copyright laws and how they apply to non-profit educational institutions.  The rule of thumb for use of copyrighted material is to seek permission.

            Intellectual property (IP) is another issue that should be discussed.  The best way to deal with IP is to know the institution’s policy on who will own the copyright of IP that is derived of during ones tenure. The best practice is to negotiate terms of ownership before signing a contract with said institution.  One should not leave it to chance and publish a work that she or he will not have the rights to.  The resources provided should help one obtain a sound understanding of IP and how it can be protected.