Copyright and Fair Use Tutorial
By Teresa Foulger and Ann Ewbank
INTRODUCTION
Copyright law can be very confusing especially when so much intellectual property is so easily accessible--all because of technology.
It is extremely easy to violate someone’s copyright without meaning to. When you create a work, it's automatically proteced by full copyright--whether you file for official US copyright protection or not.
What does ethical behavior look like, especially where technology is concerned?
What are educators' and students’ responsibilities surrounding copyrighted materials?
BASICS OF THE LAW
Work generated by others CANNOT be used in any of educational documents (as a teacher or as a student) unless you follow Fair Use guidelines. These are legal guidelines that allow educators, commedians, news media, etc. to use graphics, video, music, photos, and other "borrowed" work IF the work is properly cited. This includes any information found on the Internet or distributed by other methods (e.g., photocopying).
Copyright:
• Copyright is the ability to control your intellectual property.
• Copyright is a legal right guaranteed by the US Constitution.
• For something to be copyrighted it must be creative, original, tangible. Once something has these three elements it is automatically “copyrighted”
• Copyrighted items do not need to be registered or display the copyright symbol © to be protected by copyright law.
Fair Use:
• Fair Use is the legally sanctioned use of copyrighted materials ONLY by educators, students, libraries, news organizations, critics, and humorists ONLY under certain circumstances.
• There are rules for fair use that are summarized in The Copyright and Fair Use Guidelines for Teachers reading.
Levels of use as concerned with intellectual property:
• General Legal Use: Legal use of copyrighted materials by the general public
e.g., Rip a song from a music CD you purchased to your own computer or putting it on your iPod.
• Fair Use: Use of copyrighted materials under the Fair Use guidelines.
e.g. Ripping and using 30 seconds of a music CD you purchased in a PowerPoint presentations to support your class lecture.
• Clear or Likely Copyright violation: Breaking the copyright law.
e.g. Ripping a song off a friend's CD, ripping a song and giving it to a friend, making copies of the PowerPoint lecture and giving to your class (distribution is bad.)
THE CONCEPT OF ACADEMIC INTEGRITY
This presentation illustrates the ethical use of information in the context of ASU. Every school district has a similar, Board-adopted policy that both teachers and students must abide by. As an employee of a school district you will be required to abide by all district policies. It's important that you realize the consequences to breaking any legal agreements.
Link to It Matters, an ASU101 presentation:
http://www.asu.edu/courses/asu101/breeze/academic_integrity_intro/index.htm
MAKING DECISIONS ABOUT COPYRIGHTED MATERIAL
What can educators, commedians, news media use--within Fair Use Guidelines?
At the University, or as a preservice or inservice teacher in any district, you will be expected to model ethical use of information and digital resources. In CTEL you will be asked to use APA formatting rules. In districts you will likely be asked to use MLA or another similar convention.
REAL PROBLEMS
Real situations, some right here in Phoenix, where probable copyright infringement has taken place cause us concern.
Read about these cases:
a. Deer Valley District FBI Raid
b. Other newsworth stories have cropped up since the Deer Valley situation.
THE GIST OF THE FAIR USE LAW
THERE IS A DIFFERENCE BETWEEN COPYRIGHT AND FAIR USE. STUDY THE "Briefing Packet" TO FIND OUT MORE ABOUT SPECIAL PRIVILEGES GRANTED TO EDUCATORS, STUDENTS, COMEDIANS, AND MEDIA.
Fair use may apply if the following conditions apply. You might hear the term "4-factor test" used for these conditions:
- education or research
- nature of the work--published or unpublished
- how much and what part is being used--small or big
- effect of your use on the market
This is what Fair Use looks like at ASU (view ASU video)—This message can be generalized to any typical education community. What does this mean for you as a future teacher?
INS AND OUTS OF FAIR USE
THESE DOCUMENTS WILL HELP YOU BECOME MORE FAMILIAR WITH HOW THE LAW APPLIES TO EDUCATION:
o
Fair Use Decision Tree
o Fair Use Table
o APA Guide to creating in-text citations and references to comply wit
o K_12 version of APA The idea here is that as adults, you have been asked to use MLA formatting in high school and some college courses. Now that you are an education major, you are switching to APA formatting for your papers. The MLA and APA organizations provide us with rules for publications that allow us to follow fair use laws.
The AZ Standards have addressed this need for K-12 students by mandating developmentally appropriate rules that grow through the grades, leading to the end result of complying to the full MLA by High school.
o CopyrightFairUse_StudyGuide
EXPECTATIONS
You should now have practical knowledge about how copyright and fair use apply to you as a student and as a teacher. That said, you are expected to apply ethical principals when:
• planning for instruction for this class and for others
• interacting as an educator and role model at your field experience
• the opportunity arises to influence others who may (knowingly or unknowingly) be breaking the law
EXPECTATION #1: Use APA style formatting
As a student and as a teacher, cite all your borrowed material (including information sources, graphics, videos, music) in ALL your communications for ALL your coursework--PPTs, web pages, newsletters home, teacher-generated worksheets, etc. Your other instructors are expecting this.
Vodcast tutorial to the newest edition of the APA manual.
APApaper_v6 format.doc I created this document for my students--feel free to use and also to redistribute. It is an APA-formatted word doc that you can use to write your papers. It will save you a ton of time. Within the text it also discusses basic APA guidelines within the text, including in-text citations, pagination, coversheet, references, titling, headers, etc.
APA v6: Guide to Creating in-text citations and references-- from Taylor & Francis Publishers Basic Resources:
NoodleBib Express-a reference-creation wizard that appears to work very well!
EXPECTATION #2: Ask K-12 Students to Comply
K-12 students conducting research or creating multimedia products must cite information sources, multimedia elements, etc.
AZ State Standards include this skill within Language Arts and/or Technology Standards.
K_12Citations.docThis document was compiled by two of my students from a prior semester and addresses how citations should be created at specific grade levels according to the AZ State Standards. (The authors give permission for its use, and encourage distribution beyond this course.)
EXPECTATION #3: Step Up
Teachers are significant role models for students' current and future behaviors!
STEP UP, LEAD ON, MAKE A DIFFERENCE!
You KNOW more now than other educators do….
...and KNOWING is half the battle!
CREDITS
Teresa S. Foulger, Ed.D.
Assistant Professor of Educational Technology
Arizona State University
College of Teacher Education and Leadership
Teresa.Foulger@asu.edu
Ann D. Ewbank, Ph.D.
Education Liason Librarian
Arizona State University
Fletcher Library
Ann.Ewbank@asu.edu
Gary Lewallen
Lecturer
Arizona State University
College of Teacher Educationa nd Leadership
Gary.Lewallen@asu.edu
ADDITIONAL INFORMATION
Advanced APA
Apa_citing_addendum.pdf
OWL from Purdue-One of the best sites for understanding and applying APA, including many example references.
Good examples to use as a model
Colin
TUTORIALS AND TRAINING FOR K-16
Plagiarism Workshop: http://mail.nvnet.org/~cooper_j/plagiarism/
Plagiarism Lesson Plan: http://ec.hku.hk/plagiarism/introduction.htm
Anit-Plagiarism Web Quest: http://webquest.org/questgarden/lessons/01234-050912181016/
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