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Intellectual Property, Copyright Issues,& Student Privacy

Cathlene Haley Fall 2015

+What is Intellectual Property?According to the World Intellectual Property Organization:

Intellectual property refers to creations of the mind such as inventions; literary and artistic works; and symbols, names and images used in commerce.

Intellectual Property is divided into two categories: Industrial Property and Copyright.

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Industrial Property includes

Patents for inventions

Trademarks

Industrial designs

Geographical indications

+Copyright covers:

Literary works such as novels, plays, and poems

Films

Music

Artistic works such as drawings, paintings, photographs, and sculptures

Architectural design.

Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings and broadcasters in their radio and television programs.

+U.S. Copyright Act of 1976 & Fair Use

Copyright is the legal concept that “safeguards the intellectual work of a creator” (Woolls, 2014, p. 130).

Some exceptions to the protection of copyright are ideas, facts, and government works. These belong to the Public Domain.

Works for which the copyright has expired are also in public domain unless the copyright holder has renewed and extended the copyright.

The U.C. Copyright Act of 1976 outlines the duration of copyright, which depends on the date and origin of publication.

To use the interactive Public Domain slider as shown below, go to this site: http://librarycopyright.net/resources/digitalslider/

+What is Fair Use?

any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work

See more at: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/#sthash.RhtSKSNM.dpuf

+Fair Use Fair Use allows the use of copyrighted material without

permission under certain circumstances, including those of research and nonprofit education.

There are four basic criteria to consider in determining Fair Use:

1. purpose and character of the use

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for or value of the copyrighted work

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+Creative Commons

Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools.

From the Creative Commons website:

Our free, easy-to-use copyright licenses provide a simple, standardized way to give the public permission to share and use your creative work — on conditions of your choice. CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.”

Creative Commons licenses are not an alternative to copyright. They work alongside copyright and enable you to modify your copyright terms to best suit your needs.

+Creative Commons: the Licenses

Creative Commons prvodes 6 levels of licenses. For a description of each see this webpage:

http://creativecommons.org/licenses/

According to Creative Commons, “Every license helps creators — we call them licensors if they use our tools — retain copyright while allowing others to copy, distribute, and make some uses of their work — at least non-commercially. Every Creative Commons license also ensures licensors get the credit for their work they deserve.

+ For the classroom: What can you copy?

Kay Bishop (2013) provides specifics: Audiocassettes:

It is not legal to make copies of audiocassettes. Converting cassettes to another format requires written permission from the copyright holder.

Books:

Copyright law defines print materials as books, periodicals, pamphlets, newspapers, and similar items. A teacher may make a single copy of a chapter in a book, a short story, short essay, short poem, chart, graph, diagram, cartoon, or picture to use in teaching.

Multiple copies are limited by specific guidelines. (next slide)

+For the classroom: Multiple copies of print materials If a poem is less than 250 words and is not more than

two pages, the entire poem can be copied. For poems longer than 250 words, only 250 words can be copied.

An article, story, or essay can be copied in its entirety if it is less than 2,500 words. Other types of prose are limited to 1,000words or 10 percent of the whole, whichever is less.

Creation of anthologies, compilations, and collective works is prohibited.

+Copying criteria continued…

CD-ROMS:

Unlike books, audiocassettes, maps, and some other formats, the physical medium (CD-ROM)is purchased, but the content is often licensed or use. For multiple users or multiple copies of the disc at multiple workstations, you will need to obtain a site or network license.

Comics & Graphic novels:

Although not specifically addressed in fair use guidelines, comic books and graphic novels would most likely be similar to picture books. Two pages of picture books may be copied as long as the two pages do not make up more than 10 percent of the book.

+Videocassettes

Although the DVD format is more popular today, our library owns a large collection of videocassettes.

Copying or altering an entire videocassette requires written permission. Off-air recordings may be retained for no more than 45 calendar days; then they must be erased. They may be shown to a class twice within 10 teaching days. If further use of the video is desired, then a licenses must be obtained.

Although there are devices available for transferring videos to DVDs, it is illegal to transfer any copyrighted materials to another format.

+Periodicals

Newspapers and magazines:

A teacher can copy a chart, graph, diagram, cartoon, picture, or article from a periodical or newspaper for instructional use.

Word limits for multiple copies for classroom use are 250 words for poetry and 2,500 words for articles.

A copyright warning notice should appear on each copy.

Creation of anthologies, compilations, and collective words are prohibited.

+Section 108 Exceptions

Cassell and Hiremath (2013) explain the 108 exception: Section 108 of the US Copyright Act of 1976 provides for “libraries and archives to make reproductions of copyrighted works without seeking permission from the copyright holder for the purposes of preservation of unpublished works and the replacement of published works. Any digital copies made are not to be displayed publicly” (p. 380).

+Orphan Works

Orphan works are works that are in copyright , but for which the copyright holder can’t be found or identified.

According to ALA (2012), “libraries cannot make these works available publicly because they could be sued for statutory damages of up to $150,000 per work” (qtd. in Cassell & Hiremath, 2013, p. 380).

Orphan books are in the news lately because of Google’s plan to scan a copy of every book ever published. The “Google Books Settlement” resulted in negotiations between the Authors Guild and five major publishers. Copyright owners could opt out of the settlement to keep their works from being sold by Google, but the owners of orphan works can’t be found. The federal government rejected this settlement in March 2011 (Cassell & Hiremath, 2013, p. 380).

+District Liability

In a recent article in Education World, Nancy Willard noted that "School districts are liable for any copyright violations committed by their staff, and the area with the greatest potential for liability is the district's public Web site” (Starr, 2015).

School administrators should know that the there exists a “probability that when lawsuits for copyright infringement are filed, [the lawsuits] will name the principal, the superintendent, and the school board” (Woolls, 2014, p. 131).

+Student Privacy

It is important for educators to understand a student’s right to privacy.

FERPA is a federal privacy law that gives parents the following rights:

have access to their children’s education records

Seek to have the records amended

Consent to the disclosure

+Education records

Education records are records that are directly related to a student and maintained by an educational agency or institution.

Education records do NOT include the following:

1. law enforcement unit records

2. Alumni records

3. Peer-graded papers before they are collected and recorded by the teacher.

+Student Privacy and the Library

A public school district may not display a list of the names of students who have overdue library books nor the titles checked out to them.

The ethical responsibilities of librarians protect the privacy of library users. According to the ALA policy on confidentiality, Policy 52.4: “Confidentiality extends to information sought or received, and materials consulted, borrowed, acquired and includes databases search records, reference interviews, and circulation records…” (qtd. in Woolls, p. 127)

+References

Bishop, K. (2013). The collection program in schools: concepts and practices. 5th ed. Santa Barbara, CA: Libraries Unlimited.

Brewer, M. & ALA Office for Information Technology Policy. (2012). Copyright tools. Public domain slider. Retrieved on Oct 25, 2015, from http://librarycopyright.net/resources/digitalslider/

Cassell, K & Hiremath, U. (2013). Reference and information services: an introduction. Chicago: ALA.

Creative Commons.(2015). Homepage. Retrieved on Oct. 25, 2015 from http://creativecommons.org/about

Fair Use Poster. Retrieved on Oct. 25, 2015, from Web. (Free to use and share license).

King, D. (2012, Oct. 24. FERPA presentation for elementary/secondary school officials. U.S. Department of Education. Retrieved on Oct. 25, 2015, from http://www2.ed.gov/policy/gen/guid/ptac/pdf/slides.pdf

Starr, L. (2015, Oct. 25). District liability and teaching responsibility: Part 5 of a series on copyright and fair use. Education World, 2015. Retrieved on Oct. 25, 2015, from http://www.educationworld.com/a_curr/curr280e.shtml

Stanford University Libraries. (2015). Copyright and fair use. http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/#sthash.RhtSKSNM.dpuf

+References continued

U.S. Copyright Office (2014). Circular 21. Reproduction of copyrighted works. Retrieved Oct. 24, 2015, from http://www.copyright.gov/circs/circ21.pdf

Woolls, B., Weeks, A., & Coatney, S. (2014).The school library manager. 5th ed. Santa Barbara, CA: Libraries Unlimited.

World Intellectual Property Organization. What is intellectual property? Retrieved Oct. 24, 2015, from http://www.wipo.int/about-ip/en/.

+Follow-up

1. Edutopia. Digital Citizenship: Resource Roundup

Edutopia’s collection of articles, videos, and other resources on internet safety, cyberbullying, digital responsibility, and media and digital literacy.

http://www.edutopia.org/article/digital-citizenship-resources

2. The University of Texas Libraries offers an online guide for copying books and periodicals for the classroom.

For more specifics on copies, see the website: http://copyright.lib.utexas.edu/clasguid.html

A variety of sources for further reading.

+More sources

3. Fair Use Evaluator (ALA)

http://librarycopyright.net/resources/fairuse/

4. Digital Slider to check copyright (ALA)

http://librarycopyright.net/resources/digitalslider/