Ashley Balliet Copyright, Fair Use, and Personal Rights and Privacy Toolkit

Introduction

The goal of education is to provide a safe environment that encourages creativity and innovation. Students are both creators and users of intellectual property, therefore it is important to understand the ins and outs of copyright and fair use law. It is equally important that students understand how their personal rights and privacy are being protected. This toolkit provides an overview of copyright, fair use, and personal rights and privacy and resources to further enhance understanding of these concepts.

Overview

Intellectual Property

Intellecutal property is described as any creative work expressed in tangible form. Books, graphics, emails, essays, and even discussion threads are tangible forms of expression and are protected by the United States Consitution (Copeland, 2012). The creation and distribution of intellectual property inspires innovation and creativity (Lakhan & Khurana, 2008). Copyright, patent, and trademark law are all considered subsets of intellectual property law (Lakhan & Khurana, 2008). Intellectual property does not protect names, ideas, methods, processes, concepts or common knowledge but does protect the way in which these concepts are expressed (Copeland, 2012). In other words, a fact is just a fact and therefore cannot be copyrighted; however the structure of the text expressing the fact can be copyrighted, preventing users from copying the expression. 

Copyright

Any form of intellectual property, once created is protected by copyright law. Copyrighted works may include literary, musical, dramatic, choreographic, or pictoral works as well as movies, recordings, and architectural works (Copeland, 2012). Copyright owners hold economical and moral rights to their works, entitling them to any profit recieved from their work and protection from unauthorized modification or distributuion of their wok in any way (Lakhan & Khurana, 2008). 

The Copyright Act of 1976 first legally established federal protection of copyrighted materials which was later extended to digial media with the Digital Millenium Copyright Act (DCMA) of 1998. The United States Copyright Office, the World Intellectual Property Organization, and the United States Patent and Trademark Office and Copyright Clearance Center oversee lisencing and monitor the sharing of copyrighted materials (Lakhan & Khurana, 2008). 

Under copyright protection, the creator holds exclusive rights to reproduce the work, produce derivative works, display, perform or distribute copies (AlSaffar, 2006). Derivative works are any modifications or extensions of an orginal work such as language translation or motion picture production of an existing literary work and must recieve permission for derivative work and display proper attribution. Attribution can be understood as giving credit where credit is due, providing proper citation, and or following all wishes of the copyright holder. 

Locating the true copyright holder can be difficult and time consuming. Publishers may in fact own the copyright to an article published in their journal, not the author or an employer may own copyright to an academic work as it paid work-for-hire. The Copyright Clearance Center (http://www.copyright.com/) can help locate copyright holders and in many cases facilitate permissions agreements. 

As more and more educational resources and courses are offered online, the ease of the transfer of data can add further risk to copyright infringement for both students and educators. It must be understood that not everything found online is free-for-use, in fact, it is safe to assume nearly everything online is subject to copyright ownership (Lakhan & Khurana, 2008). Copying a thesis paper and submitting as your own is an example of copyright infringement. Using direct phrases, tables, or images from text or the web without attribution and ciation is another example of infringement. Modifying or altering an original work with out permission is an example of a derivative work and is subject to infringement. Copyright infringment can result in fines as small as $200 up to $150,000 with or without jail time (Lakhan & Khurana, 2008).  

Trademark

Another well-known subset of intellectual property is trademark law. Trademark offers protection to certain logos, graphics, symbols, and names uniquely identifying a business or corporation (Lakhan & Khurana, 2008). Trademarked images and brand names are marked with (TM) identifying their legal protection. When creating PowerPoints, web pages, and even t-shirts for a fundraiser students must be aware of trademark law and avoid use of such trademarked names or images to avoid infringement. Universities as well as private businesses and corporations monitor use of their trademarks closely and have the right to compensate any items violating trademark law. 

Patent

The third and final subset of intellectual property is patent law. Most students and even educators will not dabble in patent law, however it is important to understand what patent is. Patent law protects "original methods, concepts, processes, and machinery, as well as inventions that are useful, unique and hard to pinpoint" (Lakhan & Khurana, 2008). These inventions and concepts are often the result of industrial work or medical research. Engineering students designing machinery or medical students invovled in researching a cure for a disease, for instance, must understand patent law and how it applies to the work they are creating (Academic Senate for California Community Colleges, 2001). Using another's patent in your own work violates patent law and is subject to fines and possible jail time.

Fair Use Doctrine

Copyright and fair use balance one another to protect both copyright users and copyright holders (AlSaffar, 2006). Without inspiration of intellectual  property, new works would cease creation. Students should not create in fear of copyright, but rather work within copyright acknowledging its limitations (AlSaffar, 2006). Fair use doctrine makes it "permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news repporting, and scholarly reports" (Academic Senate for Califorinia Community Colleges, 2001, p. 17). Fair use doctrine establishes four factors or guidelines for personal use and litigation in determining copyright infringement (see table below). If any of the factors of fair use cannot be confidently answered, permissions should be sought from the copyright holder.

Public Domain

Works enter the public domain either after expiration of copyright, failure to register the work as copyright for works created prior to 1978, and documents created by the federal government (AlSaffar, 2006). Documents created by state or local governments however maintain copyright protection (AlSaffar, 2006). Works in the public domain have no restrictions for use, no copyright, and no fair use guidelines other than providing attributuion (AlSaffar, 2006). 

Creative Commons

Some creators of intellectual property wish to make their works available to the world, with some restrictions. The Creative Commons (http://creativecommons.org) allows creators to upload and distribute works with "flexible" restrictions of their choosing, such as attribution, no derivatives, or non-commercial use (AlSaffar, 2006). Images, graphics, articles, and blogs are a few of the many resources found in the Creative Commons domain. Each work is attributed with symbols signifying recommended copyright compliance for users of such works (See example below). 

Personal Rights Violations and Privacy

Creativity and innovation are best fostered in a safe learning envirionment. There are measures in place in the education system which ensure the safty and protection of students' personal rights and privacy. It is important that students and educators are informed and understand what steps their organization has taken to ensure such protection exists. Three main laws govern the protection of students personal rights and privacy, Family Educational Rights and Privacy act (FERPA), Children's Online Privacy Protection Act (COPPA), and Protection of Pupil Rights Amendment (PPRA). 

FERPA

Family Education Rights and Privacy Act (FERPA) which became law in 1974 determines what, with whom, and under what circumstances student records may be released. All institutions primary, secondary, college, or university recieving funding from the federal government are subject to abide by FERPA, or risk loss of direct support from the U.S. Dpeartment of Education (Shellenbarger & Perez-Stearns, 2010). Students over the age of 18 and consenting parents of children under the age of 18 have the right to consent any release of educational records and the right to review their records, an ammend inaccuracies (Shellenbarger & Perez-Stearns, 2010).

As defined by the U.S. Department of Education, educational reords are "diretly related to a student and maintained by an educational agency or institution (Shellenbarger & Perez-stearns, 2010). FERPA does not protect items considered public knowledge such as name, address, phone number, e-mail address, field of study, grade level, date of attendance, degree earned, extracurricular activities, or awards and honors all of which may be found in the student directory (Shellenbarger & Perez-Stearns, 2010). This knowledge is important when educators are asked to be references for students, unless the student states what may be disclosed to another individual or institution, the educator must adhere to guidelines and only release information commonly found in the directory. Students are informed of directory disclosure yearly in a publicly accessible manner and are allowed to file a written request to refuse disclosure of directory information (Shellenbarger & Perez-Stearns, 2010).

Student permanent records must be stored in a secure room with limited access granted only to those faculty with direct interest. For example, a liberal arts educator has no reason to view student financial aid information, therfore the educator does not have privilege to such information. Items within permanent records which retain protection under FERPA are "class schedule, course grades...and performance evaluations" (Shellenbarger & Perez-Stearns, 2010, p. 166). These items may be released in the following conditions: sharing between school officials with educational interest, complying with accrediting bodies, transerring credits between institutions, corresponding with financial aid lenders, and ensuring campus safety, student health and safety information may be released in cases with cearly established threat (Shellenbarger & Perez-Stearns, 2010). 

COPPA

Children's Online Privacy Protection Act, signed into law in 1998 regulates personal information collected online belonging to children under the age of 13 such as name, home address, phone number, and family and friends close to the child (Parent Coalition for Student Privacy, n.d.; Shmueli & Blecher-Prigat, 2011). School districts and individual schools may use this information for testing or instructional assessment (Parent Coalition for Student Privacy, n.d.). In best interests of the students, full disclosure of the district's intent for using such information must be clearly stated, as well as providing parents the option to either consent to share information or opt out of the research (Parent Coalition for Student Privacy, n.d.). 

PPRA

The Protection of Pupil Right's Amendment protects and discloses any private information in regards to political affiliations or beliefs of the student or the student's family, student or student family history of known mental or psychological problems; sexual behavior or attitudes or illegal actions or antisocial or demeaning behavior;  legally recognized privileged or relationships with the child such as those of lawyers, physicians, and ministers; religion or beliefs, and income (excluding those recieving federal assistance which requires disclosure of income (United States Department of Education, n.d.). In short, information covered by PPRA may only be used for institutional purposes such as assessing district demographics for the approval of federal funding under informed consent of parents of children under the age of 18 (Shmueli & Blecher-Prigat, 2011; United States Department of Education, n.d.). 

Violation of Rights

Students and parents may be uncertain or even unaware when their rights are violated. Students and parents should make sure and read any consent to relase information forms throughly and ask for clarification of what information is being released. Students or parents having questions regarding the release of their information should contact the U.S. Department of Education, or visit http://www.ed.gov/ for guided searches, chats, and informational documents. Violations of student federal rights may be subject to fines, legal fees, and even jail time. Safety and security of student information is of upmost importance and must be upheld at all times.

Resources

Resources are arranged by topic. Please click on the purple hyperlink to display the content in a new browser.

Intellectual Property

World International Property Organization. (n.d.). What is Intellectual Property? [Data file]. Retrieved from

<http://www.wipo.int/edocs/pubdocs/en/intproperty/450/wipo_pub_450.pdf>.

Wainright, G. (2012, November 16). Intellectual property understanding patent, copyright and trademark [YouTube].  Retrieved from

<https://www.youtube.com/watch?v=ihIV4ymc2FA>.

Copyright

Columbia University Copyright Advisory Office (n.d.) Fair Use Checklist [Supplemental material]. Retrieved from

from <https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html>.

Gasaway, L. (2003). When U.S. works pass into the public domain [Supplemental material]. University of North

Carolina, North Carolina. Retrieved from <http://www.unc.edu/~unclng/public-d.htm>.

Kaufman, J. (2014, July 3). Derivative works [YouTube]. Retrieved from <https://youtu.be/ih0fTpXXQLE>.

Miller, T. (2011, October 3). Copyright law and you. [YouTube]. Retrieved from <https://youtu.be/XES6jSAzxmk>.

Suzdaltse, J. [Seeker Daily]. (2015, September 30). How Does Copyright Law Work? [YouTube]. Retrieved from

<https://youtu.be/ho8QEJSF3YA>.

United States Copyright Office (2011). Copyright Law of the United States: And related laws contained in

Title 17 of the United States code. [Data file] Retrieved from <http://www.copyright.gov/title17/circ92.pdf>.

Fair use

Columbia University Copyright Advisory Office. (n.d.) Fair Use Checklist [Supplemental material]. Retrieved from

from <https://copyright.columbia.edu/basics/fair-use/fair-use-checklist.html>.

Fair use: 12 Myths and realities [Supplemental material]. (n.d.). Retrieved from

<http://fairuseweek.org/wp-content/uploads/2015/02/FairUse_MythsFacts_27FEB2015.pdf>.

Gasaway, L. (2003). When U.S. works pass into the public domain [Supplemental material]. University of North

Carolina, North Carolina. Retrieved from <http://www.unc.edu/~unclng/public-d.htm>.

Kucera, A. (2014, March 26). TEACH Act at Baker College [Supplemental material]. Baker College, Michigan.

Retrieved from: https://youtu.be/yMeFFR8L7aA>.

Linares, M. (n.d.). Infographic: Teaching about art [Infographic].Retrieved from

<http://cmsimpact.org/fair-use-blog/infographic-teaching-about-art-fair-use-week/>.

Rains, R. (2008, July 1). Why does the Digital Millennium Copyright Act (DMCA) Exist? [YouTube]. Retrieved

from <https://youtu.be/Q7xCRvvfOsg>.

Personal Rights Violations & Privacy

Parent Coalition for Student Privacy (n.d.). Federal student privacy rights: FERPA, PPRA, and COPPA  [Supplemental

material] Privacy: Privacy resources. Retrieved from <http://www.studentprivacymatters.org/ferpa_ppra_coppa/>.

United States Department of Education (n.d.) PPRA frequently asked questions (FAQs) [Data file]. Family Policy Compliance Office. 

Retrieved from <http://familypolicy.ed.gov/sites/fpco.ed.gov/files/FPCO_PPRA%20FAQ.pdf>.

Process

I wanted to organize this toolkit in a logical order which would encourage students to build knowledge from one resource or concept to the next. Concepts in the introduction were organized into specific categories: intellectual property and personal rights and privacy each with corresponding subsets: copyright, trademark, patent, public domain, and Creative Commons; and FERPA, COPPA, and PPRA. I felt a chart would be the best method for depicting the four factors of fair use. The left column lists all four factors and the right column offers suggested questions the creator of a new work or the courts may ask when assessing fair use. This chart would be a great document for students to reference when creating their own works. The resource page (task) was arranged by subject matter: intellectual proeprty, copyright, fair use, and Personal Rights Violations and Privacy. The resource page offered a listing of great resources, some video, some documents, some web-based in which students could view to further their knowledge. I sought various resources covering the same topics in several different media offerings to capture the attention of all students. Some students learn better by listening or watching, some by reading, some by interacting and exploring a web page. Each resource displays proper APA citation and a working hyperlink to send the reader directly to the resource in their web browser for easy access. These hyperlinks send the reader directly to the document, video file, or web page. I wanted to make sure the link was as direct as possible because if it takes too many clicks for a student to reach a desired destination, they are less likely to continue the search.

Reflection on Resources

It is important to understand why particular resources were selected for student resource or task page. I wanted to provide relevent data for each concept in an easily accessible fashion. Therefore, some references are cross-referenced in several different concepts. For example, a student searching for means to work within coupyright law could view the Fair Use Checklist from Columbia University and another student researching fair use may find the same document useful in another application. For this reason, there is some duplication of resources in the concept list, however this is to enable the ease of research for students, enabling exploration of the subject matter. I will outline each chosen resource and explain how each would be helpful for students. 

World International Property Organization (n.d.) is a great data file from the WIPO describing and defining intellectual property, the benefits of creating intellectual property, and explains the types of intellectual property in more detail (patent, trademark, and copyright). There is also a nice summary of the goals and history of the WIPO for student historical conceptualizaiton. 

Wainright, G. (2012) is a YouTube video which describes the difference between an idea and intellectual property and protections offered by intellectual property and its subtypes patent, copyright, and trademark. This method of learning may be appealing to audio-visual learners or those who learn better through personal interaction. 

Columbia University Copyright Advisory Office (n.d.) This supplemental fair use checklist, provided in a direct link to download the PDF file will be useful for students creating new intellectual property inspired by existing works. The checklist is easy to follow, ensuring fair use guidelines are followed, and when in question, it is encouraged to seek permissions. This document would be useful for students learning fair use guidelines, those writing works, and performing research.

Gasaway, L. (2003) describes in an easy to follow chart how a work becomes part of the public domain and helps students navigate whether or not a work is in fact really in the public domain or if permissions must be sought. 

Kaufman, J. (2014, July 3) is another YouTube video which would appeal to audio-visual and interactive learners. In this video, Joshua Kaufman describes derivative works in an easy-going conversational manner which would feel welcoming to students. Mr. Kaufman provides many examples of derivative works for student reference.

Miller, T. (2011, October 3) is a YouTube animated video directed toward students. This video provides simple definintions of copyright and how it applies to students and offers a rich history lesson in copyright law. This video is visually appealing for students and would hold the viewer's attention. This would be useful when researching copyright history and instructing basic copyright concepts and understanding.

Suzdaltsev, J. (2015, September 30) is a Video-presentation describing the ownership of copyright, and the economical and moral limitations copyright creates. Mr. Suzdaltsev does a nice job explaining the difference between coyright and tradmark in easy-to-follow terms wich may appeal to students. 

United States Copyright Office (2011) link to the official PDF U.S. Copyright Law for student research and reference. This would be helpful for students creating works for publication or for those researching copyright law. 

Fair use: 12 Myths and realities is supplemental material which nicely clears up confusion surrounding common myths of fair use and copyright, such as "fair risk is too risky to use" for example. This would be helpful for students in need of further clarification of questions concernigng copyright and fair use. 

Kucera, A. (2014, March 26) is another animated YouTube video which does a nice job explaining what the TEACH Act is, why it became law, and what it really allows educators to do legally. This would be important for students in education field of training as well as for all students to understand the methods for which educators must follow to create web based and face to face courses. 

Linares, M. (n.d) is an infographic with short facts and direct process to for students to follow to creat their own intellectual property. This would be important for students creating or publishing essays, journals, graphics, or photography. This infographic will appeal to visual learners. 

Raines, R. (2008, July 1). in this YouTube video Mr. Raines describes DCMA and stressed the importance of changes in the use of internet in the creation of the DCMA and what it means for the sharing of ideas and digital media. This easy-to-follow presentation will give students a strong backgroud in digital media rights and sharing and acts as a guide for following DCMA. 

Parent Calition for Student Privacy (n.d.) describes student and parental rights regarding FERPA, PPRA, and COPPA in great detail from both perspectives. This information is important for students to understand because they should be aware of what and how their records are being stored and what information may be shared in the student directory. 

United States Department of Education, (n.d.) offers a great pdf document link for student and parental understanding of PPRA and what personal information is protected and under what conditions and with whom it may be legally released. This is important to students as they need to understand how personal information such as income, religion, and beliefs are stored and when and why these types of information may be shared. 

Conclusion

In conclusion, my WebQuest Online Toolkit provides students a productive and efficient study resource intellectual property, copyright, and personal rights and privacy. It is important that students understand their responisibilities to uphold the various intellectual property rights when creating essays, papers, and works of art. In contrast, students must also understand their rights as creators of intellectual property to control derivative use and distribution of their works. Students must understand the DCMA and the impact the Internet has made on information sharing and measures educators must follow in regards to the TEACH act when creating and maintaining courses for student education. Students, as well as parents, must understand and be informed of their personal rights and rights to privacy as defined in FERPA, PPRA, and COPPA, what information may be shared with others and what information is restricted and secure. These measures not only protect student privacy, but also foster a safe learning environment for student success. I have created a resource page (task page) for easyily downloadable media explaining the concepts covered in the introduction in more detail. Students may find this media useful in researching copyright and intellectual property as well as guiding their works in adherence to fair use and copyright laws. Additional direct links to student personal rights and privacy resources are provided for quick reference in any event a student may be concerned their rights have been violated or presented with a consent for release of information they don't understand. These resources can guide all styles of learners through video, documents, and web pages. 

References

Academic Senate for California Community Colleges, S. (2001). Academic freedom, privacy, copyright

and fair use in a technological world. Retrieved from <http://files.eric.ed.gov/fulltext/ED482188.pdf>.

Alsaffar, J. (2006). Copyright concerns in online education: What students need to know. Journal Of

Library Administration, 45(1-2), 1. Retrieved from <http://www.tandfonline.com/doi/abs/10.1300/J111v45n01_01>.

[Chrissy H.] (2009, April 1). Copyright Wordle. [Flickr]. Retrieved from

<https://www.flickr.com/photos/teachingsagittarian/3403314327>.

Copeland, J. (2012). Emerging technologies and copyright: A librarian's guide to fair use and copyright. Arkansas Libraries, 69(1).

Retrieved from <http://www.arlib.org/arkansas-libraries/arkansas-libraries-spring-2012.pdf>.

Lakhan, S. E., & Khurana, M. K. (2008). Intellectual property, copyright, and fair use in education. Journal of American leadership (6)4

(1-11). Retrieved from < http://cogprints.org/6251/?>.

Parent Coalition for Student Privacy (n.d.). Federal student privacy rights: FERPA, PPRA, and COPPA  [Supplemental

material]. Retrieved from <http://www.studentprivacymatters.org/ferpa_ppra_coppa/>.

Shellenbarger, T., & Perez-Stearns, C. (2010). From the classroom to clinical: A Family Educational Rights

and Privacy Act primer for the nurse educator. Teaching and Learning in Nursing, 51 (64-168). doi:10.1016/j.teln.2010.05.002.

Shmueli, B., Blecher-Prigat, A. (2011). Privacy for children. Columbia Human Rights Law Review, 42 (759).

Retrieved from <http://docplayer.net/16377724-Privacy-for-children.html>.

United States Department of Education (n.d.) PPRA frequently asked questions (FAQs) [Data file]. Family Policy Compliance Office. 

Retrieved from <http://familypolicy.ed.gov/sites/fpco.ed.gov/files/FPCO_PPRA%20FAQ.pdf>. 

Teacher's Page

Suggestions

Instructors interested in creating an online toolkit should visit createawebquest.com. The site is a user friendly means to creating your web page. I would suggest that you formulate an organizational plan for your data prior to creating your page. Good organization of thoughts is key to engaging readers. Providing students a variety of media for their research can increase the productivity of their learning, therefore it is important to include videos and interviews for those who learn hands-on through interactions and include text resources as well for those who learn best visually. Computer-created graphic-only videos may appeal to both groups of learners. It is important to reach all learners through their particular style of learning.

When creating my task page, I wrote my listing of resources in Microsoft Word and copy and pasted this into the Task page as formatting the page in WebQuest can be a bit challenging. Also note the you can press the button to the left of the font size (looks like a computer screen, see image below) to switch to full-page mode for typing. Spacing and screen width does differ from full-screen mode and the actual web page, so I would suggest checking periodically that you like the appearance of the actual web page. Another very important suggestion is to remember to SAVE your work each time you have made modifications. If you did not save, you will lose your changes. Uploading images is very simple and quick with this program, offering the option to add a title (text) or even full image citation if you wish for images which may not display on all screens.

With a little guideance, and some patience, WebQuest can be a great teaching tool.WebQuest Toolkits could be used for individual or weekly lesson plans, streamlining the lesson introduction, directed readings, and assignment guidelines and assessment in one neat little package. This may be useful for all levels of education both face to face and online. 

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