Copyright and Intellectual Property:Considerations for Israeli Higher

Education

Claudine SchWeber, Ph.D.Office of Distance Education and Lifelong Learning

cschweber@umuc.edu

www.umuc.edu/distance/odell/

Israel, University of Haifa, February 2002Fulbright Senior Specialist Program

Issues

• Plagiarism

• Course Ownership

• Course Materials-Copyright

Permission

• The prevalence of cheating:– Reports estimate that 40% to 60% of students cheat during their

college careers– Famous authors “Cheat” (S. Ambrose)

• Why students cheat:– Procrastination– Grade pressure (for an “A”)– Time pressure (too little of it)– Task pressure (too many of them)– The Professor ….let’s discuss

Plagiarism

Faculty Response Continuum

PedagogicalResponse

Appropriate

Judicial ResponseAppropriate

Patchwriting

Failure to cite

Failure to Quote

Fraud

Plagiarism

• No face-to-face contact (community)

• Inability to verify a student’s work

• Prevalence of paper mills

• Ease of “cutting and pasting” digital text

• Others?

Reasons for plagiarism in the Digital Environment

Plagiarism

• Be straightforward on the issue, be clear on your expectations

• Be creative in developing assignments– Avoid “topic only” assignments

– Avoid applying textbook readings to as case

• Do segmented assignments• Include decision making, investigations,

experimental inquiry, problem solving, and invention in the assignment

What Can Be Done?

Detecting Plagiarism (1)

• Use resources – www.firstuse.com (Digital Integrity by search)– www.plagiarism.org– www.turnitin.com

Detecting Plagiarism (2)

• Web search engines

• Search your institution’s databases

• Know the “paper mills” – www.sparknotes.com– www.essaymill.com

• Scenario:• Dr. Gray receives an excellent portfolio of writing from a student.

In ever way, the writing is superb. Dr. Gray recalls he read some of the writing before, he just can’t remember where. He does some searching and finds the student’s writing was taken verbatim from an article Dr. Gray assigned several semesters ago. Dr. Gray confronts the student. The student explains she was dealing with a sick infant and could not concentrate fully on the project. She explains she did not realize she had plagiarized. What should Dr. Gray do?

Scenario

• Establish an institutional policy and distribute widely

• Detail policy and serious consequences in each class

• Investigate plagiarism software detection tools• Identify and keep up with “paper mills”• Develop assignments and activities that are unique

and require application • Enforce the policies-punish violators

Action Steps

Intellectual Property

Copyright

Course Ownership in the online content

What is Copyright?

• Exclusive rights to publish, copy, and distribute an author’s work, conferred on the owner of copyright by 17 USCS 106, vest in author of original work from the time of its creation.

• Intent: to advance the progress of knowledge by giving the author of a work an economic incentive to create new works.

Copyright–USA

What Can Be Copyrighted?

• Tangible, original expression

• Three Fundamental Requirements:– Fixation– Originality– Minimal Creativity

• Literature, drama, art, and music

Copyright–USA

Copyright–USA

• Current Policy Framework:– Ownership resides with the institution expect for

traditional scholarly or teaching-related words OR– Works created without the use of university facilities or

services– Less often, ownership determined on a case-by-case basis– Typically, no specific policy for online course

development or ownership– Also, little discussion of royalties without copyright,

primarily with patents.

Policy Context of Ownership with the Online Course

Copyright–USA

• Course Development

• Course Delivery

• Extent of Use of University Resources

• Competitive Advantage

• Incentives

• Control

Issues to Address

Copyright–USA

Q: At what point does my claim of ownership begin to erode?

Scenario 1: Overload + no resources + on my own time + contract to teach, not develop

Scenario 2: Above, but use university laptop

Scenario 3: Above, but do some work at office

Scenario 4: “Publish” materials on university services and in the university developed and supported Web

classroom

Scenario 5: Use University Staff to put materials on server

I own it!? - One end of the continuum

Copyright–USA

Scenario 1: Contract to design and develop lecture and other class materials

Scenario 2: Negotiate release time + work at office

Scenario 3: Online instructors are PAID more for training, preparations and

delivery

The university owns it!?

Copyright–USA

• In what ways is development of a Web course different from writing books and articles?

• Faculty as publisher, university as distributor–rights and obligations?

• Protection for university and faculty against liability claims (eg., copyright infringement)?

• Do rights shift if Web materials become a factor in salary increase and promotions?

Issues that muddy the waters

Copyright–USA

1. If ANY university resources are used to produce, then university owns 100%

2. Shared rights, responsibilities, and benefits

3. Faculty owns 100% and university may not use or benefit in any way without permission

Summary: Three Views

Copyright–USA

• How to create incentives?

• Unbundling rights

• What should belong to the creator? The University?

• Is it feasible to share ownership?

Issues to consider in Policy Formulation

Copyright–USA

• Share ownership. Copyright resides with the institution for a period of time and then reverts back

• Have both parties retain certain privileges. Limit competition, for example.

• Establish a royalty schedule for the course, if licensed from course author.

Possibilities to Consider

Copyright–USA

• Does not have to be “all or nothing”• The online environment requires new thinking

about ownership• Institutions and their faculty need to avoid past

mistakes• Need to debate and discuss to find solutions• Establish policies acceptable to all

Options

Course Ownership

• UMUC National Study Results

• ? What are the policies in Israel?

Materials with Electronic Classroom

• Must follow your country’s copyright laws

• Penalties (in USA) for the university, plus others

Conclusion

Plagiarism, Copyright, Electronic

Classroom resources ongoing challenges and change

Toda Raba

Sheelot?