Post on 05-Dec-2014
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Ethical Use of Information
and Copyright ComplianceMARCH 2013
OverviewThis document contains suggestions for ethical
and fair use of information aligned to the NYSUT Teacher Practice Rubric: 2012 Edition
and Fair Use guidelines.
Disclaimer: This document is intended for informational purposes only, and may not be relied
upon as legal advice. Please consult an attorney with expertise in
copyright law for advice relating to your specific circumstances and activities.
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NYSUT Rubric RequirementsElement VI.1: Teachers uphold professional standards of practice and policy as
related to students’ rights and teachers’ responsibilities. C: Demonstrates ethical use of information
and information technology
EFFECTIVE: TEACHER CONSISTENTLY COMPLIES WITH AND ADVOCATES FOR THE
ETHICAL USE OF INFORMATION AND INFORMATION TECHNOLOGYa
Teacher:a
-Does not copy/paste from the interneta
-Complies with Fair Use requirementsa
-Requires citations on student projectsa
-Does not accept plagiarized work
HIGHLY EFFECTIVE: TEACHER CONSISTENTLY MODELS ETHICAL USE OF INFORMATION AND INFORMATION TECHNOLOGY, AND ENSURES RESPECT FOR
INTELLECTUAL PROPERTY RIGHTS, CREDITS SOURCES, AND ADHERES TO SAFE AND LEGAL USE GUIDELINES.
a
Teacher does the above, plus:a
-Cites sources on all classroom materials/presentationsa
-Seeks permission from the author to use resources whenever possible
a
-Purposefully instructs students on how to appropriately credit sources, and the different types of use (quote, paraphrase, image
credit)a
-Instructs students on how to protect their own intellectual property
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The Top 10 Ways to be an Ethical User of Information:
-10-No more movies as rewards (unless your school purchases a
performance license); same goes for popular music in the background of presentations.
-9-Use Creative Commons/Royalty-free/Public Domain resources
whenever possible and cite accordingly.
-8-Familiarize yourself with the doctrine of Fair Use.
-7-Ask permission from the creator whenever possible.
-6-If you’re not sure if it’s OK to use it…check. Work with your
librarian.
-5-Know the difference between quote and paraphrase, and how to
cite each. Teach it to your students.
-4-Purposefully instruct students on digital citizenship.
-3- Cite your sources; model ethical use.
-2-Stop copying and pasting from the internet: photos, worksheets,
videos, text.
-1-Require students to follow the above rules on every project, all the
time.
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Copyright and Fair Use
AN EDUCATOR’S GUIDE TO
Is the item still protected by copyright?
Check the copyright slider:http://librarycopyright.net/resources/digitalslider
/
No Yes
How will you be using it?
Criticism/Comment
Parody
Scholarship/Research
Entertainment
For ProfitHow much are you
using?Is the use
“transformative”? Is the effect on the
market for this work minimal?
A small portion/Not the
central part of the work
The whole thing or the “heart” of the work
Did you get permission from
the creator?No
Yes
*Copyright and fair use guidelines can be tricky —even the Office of Copyright doesn’t provide a definitive “yes” to issues of fair use.
Hooray! You are free to use this resource*.
You may still qualify for Fair
Use. Try the checklist on the next
page or the Fair Use Evaluator.
You may also want to explore other copyright-free
options. 5
Financial Effect:Favoring Fair Use• Only one or a few copies are made• No significant effect on the market • Copy of original work was lawfully
purchased or acquired
Opposing Fair Use• Could replace the sale of the
copyrighted work• Numerous copies made• You made it accessible on the
internet/public forum without restricted access
• Repeated/long-term use• It would be affordable to get
permission/purchase copies
Comments:
Name: __________________________________ Grade Level/Department: _
Project: Date:
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Fair Use Checklist
Adapted from: Crews, Kenneth D., & Buttler, Dwayne K. (2008, May 14). Fair use checklist. Retrieved from http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf
Purpose:Favoring Fair Use• Teaching• Research/Scholarship• Criticism/Comment• News Reporting• Transformative (repurposes for a
new audience)• Restricted Access (only for students)• Parody
Opposing Fair Use• Entertainment• Profit/Commercial Activity
Comments:
Nature:Favoring Fair Use• Published Work• Factual/Non-Fiction• Important to educational objectives:
Explain:
Opposing Fair Use• Unpublished work• Highly creative work (art, music,
films, plays)• Fiction
Comments:
Amount:Favoring Fair Use• Small portion of the work• Portion is not “central” or significant• Amount is appropriate for the
educational purpose
Opposing Fair Use• Large Portion or the whole work is
used• Portion is central to the work
A chart of generally accepted amounts created by Kathy Schrock can be found at: http://kathyschrock.net/pdf/copyright_schrock.pdf
Comments:
ONCE COMPLETED, PRINT OR SAVE A COPY FOR YOUR RECORDS
{A few examples of common copyright compliance and infringement in schools}
So what? {Why should I care? I won’t get caught.}
No Probably* Obtaining performance rights to
show movies for non-educational use (see Page 8)
Using royalty-free and Creative Commons images and music, and attributing the source as required
Contacting the original creator to obtain permission before use
Copying an image/video clip/document for the class to analyze or criticize
Creating a parody or critically evaluating a copyrighted work
*Copyright and fair use guidelines can be tricky—even the Office of Copyright doesn’t provide a definitive “yes” to issues of fair use.
Bringing in a popular movie (or using Netflix) to show a movie in the auditorium during bus dismissal, as a reward, or during indoor recess
Copying/printing a single copy of a workbook (print or online) for an entire class to use, or copying full pages/paragraphs from other works to include in a teacher-created textbook
Right clicking and saving links to music and video files from the internet
Copying images from a Google Image search to use on a classroom/district website or in a teacher-created textbook
Using copyrighted music in the background of videos or presentations
Now what? {OK, I get it. This is important. How can I get started?}
• Invest in a licensing subscription• Post copyright notices by all building copiers/computer labs
• Make sure the teacher handbook includes information about copyright compliance• Attribute content and add a “Website Concerns” contact form on your website• Work with your librarian and the School Library System to educate faculty, staff,
and students about copyright compliance
• A lack of documented lawsuits against schools does not equate to a lack of repercussions:
many districts opt to settle out of court• More and more content is being hosted and shared digitally
• Digital content = anyone can see it and report it• It’s good practice and our responsibility as educators to model copyright compliance
for students
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Is this legal?
Copyright LinksHarvard University Office of the General Council has an exhaustive copyright guide.
Stanford University Libraries has a number of resources for determining fair use.
Digital Copyright Slider can be used to determine if a resource is in the public domain.
Carol Simpson is a guru on copyright in schools. Her site includes PDFs with copyright guidelines for students and teachers, as well as a database of copyright incidents.
Creative Commons has many resources that can be used legally, including course content/materials, images, and music.
Flickr Creative Commons provides user images with varying restrictions, many free to use and adapt for both profit and non-profit use
Motion Picture Licensing Corporation offers umbrella licensing for Fox Studio movies.
Movie Licensing USA offers a public performance site license for many major movie studios (including Walt Disney Pictures, Paramount Pictures, Warner Bros., Sony Pictures, NBC/Universal Pictures, DreamWorks Pictures, New Line Cinema, Lionsgate Films, MGM, Touchstone Pictures, Hollywood Pictures, Columbia Pictures, TriStar Pictures, Focus Features, Miramax, Warner Independent Pictures, Paramount Classics, Paramount Vantage, Fine Line Features, United Artists and Picturehouse).
U.S. Office of Copyright--Fair Use is a document put out by the U.S. Government to explain the fair use doctrine. 8
Fair Use Evaluators
This tool from ALA’s Office for Information Technology allows users to input information, make judgment calls about their
work, and print off a copy for their records.
This checklist from Columbia University Libraries breaks out the four fair use criteria into a comparison of factors
“favoring” or “opposing” fair use.
The Copyright Metro from Baruch College is a fun, interactive guide for using various media in the classroom legally.
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References
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Created and Compiled by Nicole Waskie-Lauranwaskiel@btboces.org | http://broometiogasls.wordpress.com
Twitter @nwaskielaura
Crews, Kenneth D., & Buttler, Dwayne K. (2008, May 14). Fair use checklist. Retrieved from
http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf
Harvard University Berkman Center for Internet & Society. (2008, August 5). Fair use. Digital Media Law Project. Retrieved from: http://www.dmlp.org/legal-
guide/fair-use
North Carolina State University Provost Office. (n.d.). TEACH Act Toolkit. Retrieved from: http://www.provost.ncsu.edu/copyright/toolkit/
New York State United Teachers. (2012 August). NYSUT’S Teacher Practice Rubric 2012 Edition. Retrieved from: http://www.nysut.org/files/2012_SEDapproved_NYSUT_TPR.pdf
Starkman, Neal. (2008, March 1). Do the (Copy)right Thing. THE Journal. Retrieved from: http://thejournal.com/articles/2008/03/01/
do-the-copyright-thing.aspx
United States Copyright Office. (2012 June). Fair use. Retrieved from: http://www.copyright.gov/fls/fl102.html