End Copyright Confusion!Fair Use & Citation Guidelines

Certain materials are included under the fair use exemption of the U. S. Copyright Law and have been

prepared according to the fair use multimedia guidelines and are restricted from further use

Lynn ZottnickInstructional Technology

Lakeview Academy

July 2009

-Jack Valenti, 2002

“If you cannot protect what you own, you don’t own anything.”

“New networked technologies enable users to participate in the consumption, distribution, and creation of content in ways that are revolutionary…young people are now confronting copyright law on a regular basis.

-Harvard University 2009

The Challenge

Students do not understand… …..

Teachers do not understand …

Technology is making it…

copyright law (or value it) and its impact on the creative work of an individual.

the concept of “educational fair use.”

easier and easier to duplicate copyrighted work.

The Challenge

Typical Student Comments…

•No one is going to take the time to track me down.•They make so much money, they’ll never miss it.

•I am enhancing the value!

•I bought it! Why can’t I do what I want with it?

•It’s not plagiarism because…

The Myths

"If it doesn't have a copyright notice, it's not copyrighted."

"If I make up my own stories, but base them on another work, my new work belongs to me."

And more…

"If they don’t charge for it, it’s not a violation.”

35 Million downloaded music in 2003

67% said they did not care

76% said it was acceptable

Disconnect!

“We have all seen the effects illegal downloading has had on Music Row – too many record stores have been shuttered and too many songwriters are out of the business.”

- Tennessee Gov. Phil Bredesen November 2008

The Truth

The Recording Industry Association of America (RIAA) is

pursuing and prosecuting violators.

The Truth

“RIAA sent new wave of 401 pre-lawsuit letters to 12 universities this week.”

RIAA Newsroom, February 21. 2008

“The First-Ever Campus Downloading Bill Passed”

RIAA Newsroom, November 2008

Worldwide piracy of intellectual property is a problem – congress is calling for

meaningful reforms in the global area.

RIAA Newsrooom May 2009

Confusion!

-George M. Bodner, Ph.D. ScienceDaily (Mar. 22, 2009)

“Confusion about what constitutes plagiarism — not malicious intent — is the leading cause of plagiarism at the graduate school level… the increasingly worrisome problem…”

s

Universities are concerned about the next "Google generation" of students, who might have cut and pasted all their … essays and then see nothing wrong in carrying on with this approach in higher education….”

- Conference to tackle university plagiarism problemOctober 17, 2006

The Truth

"Internet plagiarism is probably by far the most common form of cheating or

academic dishonesty"

Didi Kuo, Emory University graduate, University's Honor Council Chairman

National Crosstalk Winter 2006s

Plagiarism has become an epidemic.

The History

The History Copyright Law: A Brief History…

1709 – Statute of Anne, Queen Anne of England

The History

1790 - First US Copyright Law, signed by George Washington

The History

•1976 - “Fair Use” statute added to the US s Copyright Law

•1998- Digital Millennium Copyright Act (DMCA)

•2003 - Teacher Act

•1841 - Concept of “Fair Use” introduced

Interactive Copyright Timeline

Copyright Law

The Law Copyright Law

• Intellectual property protection for original works are automatically protected by copyright law.

•Protection begins at the moment they are “fixed in a tangible medium.”

•Rights include: reproduction, modification, distribution, display, and performance.

The Law Copyright Law: How Long Does it Last?

•Created after 1923 but before1978 95 years from the date of publication.

•Created on or after January 1,1978 The life of the author plus 70 years (Sonny Bono Copyright Term Extension Act)

•Created Prior 1923 Public Domain – Can be used without permission

“Copyright law’s perennial dilemma is to determine where exclusive rights should end and unrestrained public access should begin.”

-Neil Weinstock Netanel“Copyright and a Democratic Civil Society”

Yale Law Journal 1996

The Law Copyright Law: Educational Fair Use

The right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.”

Section 107Copyright Act of 1976

The Law Copyright Law: Educational Fair Use

A single copy can be made of any of the following….

•A chapter from a book

•An article from a periodical or newspaper

•A short story, short essay, or short poem whether or not it is from a collective work

•A graph, chart, diagram, picture or cartoon from a book, periodical or newspaper

The Law Copyright Law: Educational Fair Use

•The copy must meet these requirements…

Test of brevity of the material, the spontaneity, and the cumulative effect of the creation

All copies must include a notice of copyright

NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW.

Title 17 U.S>.Code

The Law Copyright Law: Educational Fair Use

• Is the purpose instructional•Was the material acquired legally?•What is the effect of the amount or portion used?• Is the material given proper credit or attribution?•Was the material copied as a substitute for a

purchase?

•Before copying, consider the following…

Bottom Line!

Fair Use

Transformative Use

Creative Commons

Fair Use: Transformative Use

--Joyce Valencia, Library School Journal

As a general rule, if you are using a small portion of somebody else's work in a non-competitive way and the purpose for your use is to benefit the public, you're on pretty safe ground.

- Mimi CalterStanford University Libraries

Fair Use: Transformative Use“When the user of copyrighted material add value to or repurposes materials for a use different from that which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in a new context.”

--Joyce Valencia Library School Journal

Creative CommonsShare, Remix, Reuse, Legally

http://creativecommons.org/

The Resources Educating Teachers

Copyright & Fair Use – Stanford University

Media Education lab – Temple University

The Resources Educating Students

Copyright Bay

The Resources Educating Students: Copyright…

• Interactive Resources

The Resources Educating Students: Copyright…

• Interactive Resources

The Resources Educating Teachers: Copyright…• Interactive Copyright Lesson

Created by Jason Myers,Western Washington University/IT graduate student

Courtesy of Tony JongejanInstructional Technology

Western Washington University

The Resources

Educating Students: Copyright…

•Copyright in Action – Real Life Examples

Fights over copyright and the big screen!

Pillagers of copyright!

Software and the Net and more…!

The Resources

Educating Students: Copyright…

•Copyright in Action – Additional Resources

Recording Academy (Grammy Awards) site - Issues, views, digital and music news

Recording Industry of America

Plagiarism

The Law Copyright and Plagiarism

Using someone else's work and turning it in as if you had done the work yourself

•Definition: using another person's ideas or creative work without referencing your source.

Paraphrasing Information

Copying and pasting text, graphics or media from the Internet

Not putting quote marks around exact excerpts

Definitions of Library and Information Technology Columbus Gorge Community College

The ResourcesEducating Teachers: How to Avoid Plagiarism

•Require students to write an initial draft before they research

•Design assignments that cannot be easily plagiarized

•Teach students to manage their time – set up checkpoints for their progress

•Understand why students plagiarize

The ResourcesEducating Teachers: How to Avoid Plagiarism

•Teach students to keep careful records

•Require a research portfolio

•Educate students about plagiarism

• Institute highly visible procedures for monitoring and detecting cheating,

The ResourcesEducating Students: Plagiarism

• “What is and what is not plagiarism” by FactMonster

• Interactive Citation Generators

The ResourcesEducating Teachers: Plagiarism…

Workshop on Plagiarism

Preventing Plagiarism – University of Texas at Austin

Minimizing Plagiarism

Internet Plagiarism Detection and Prevention

Plagiarism Stoppers – A Teacher’s Guide

It’s our responsibility

The Curriculum

Digital Citizenship & Creative Content - free instructional program

Lakeview Academy - Research & Citation Curriculum

CreditsPalfrey, John, Urs Gasser, Miriam Simun, and Rosalie Fay Barnes. "Youth, Creativitiy, and Copyright in the Digital AGe." International Journal of Learning and Media Volumn 1.Number 2 (2009): 79 - 97.

Jongejan, Tony. "NECC 2007 program_search | Program: search result details." UO Continuing Education Home. 26 Jun 2007. 12 Jul 2007 <http://center.uoregon.edu/ISTE/NECC2007/program/search_results_details.php?sessionid=40438391&selection_id=41930179&rownumber=2&max=2>.

Roemer, Ryan, “A Copyright Law Primer.” October 16, 2006. July 12, 2007.<transcriptions.files.wordpress.com/2006/10/ucsb-ip-lecture1.ppt >

Bangeman, Eric. "RIAA launches propaganda, lawsuit offensive against college students." Ars Technica. 1 Mar 2007. 12 Jul 2007 <http://arstechnica.com/news.ars/post/20070301-8953.html>.

"Statute of Anne - Wikipedia, the free encyclopedia." Main Page - Wikipedia, the free encyclopedia. 17 May 2007. 12 Jul 2007 <http://en.wikipedia.org/wiki/Statute_of_Anne>.

"THE FIRST US COPYRIGHT LAW - Archiving Early America." Archiving Early America: Primary Source Material from 18th Century America. 1 Jan 1996. 12 Jul 2007 <http://www.earlyamerica.com/earlyamerica/firsts/copyright/>.

Campbell, Don. "National CrossTalk -- Vol. 14 / No. 1 -- Winter 2006." Higher Education. 1 Dec 2006. 12 Jul 2007 <http://www.highereducation.org/crosstalk/ct0106/news0106-plagiarism.shtml>.

Honor Council, Georgetown. "Georgetown University." Georgetown University. 4 Apr 2007. 12 Jul 2007 <http://gervaseprograms.georgetown.edu/hc/plagiarism.html>.

Author, An. "Definitions of Library and Information Terminology." cgcc home. 18 May 0006. 12 Jul 2007 <http://www.cgcc.cc.or.us/Library/lib-instruction/define-terms.htm>.

"Copyright in Classrooms: University of Illinois." University of Illinois at Chicago (UIC). 15 Dec 2006. 12 Jul 2007 <http://www.uic.edu/depts/lib/copyright/classroom.shtml>.

Joseph, Linda. "Copyright with Cyberbee." CyberBee. 7 Nov 2004. 12 Jul 2007 <http://www.cyberbee.com/copyrt.html>.

Myers, Jason. "copyright_main." Instructional Technology. 12 Jul 2007 <http://it.wce.wwu.edu/344/copyright/default.html>.

Parness, Adam. "Welcome To The FACE Kids Site." Welcome To The FACE Kids Site. 1 Jan 2001. 12 Jul 2007 <http://www.copyrightkids.org/>.

"techLEARNING.com | Technology & Learning - The Resource for Education Technology Leaders." techLEARNING.com | Technology & Learning - The Resource for Education Technology Leaders. 15 Oct 2002. 12 Jul 2007 <http://www.techlearning.com/db_area/archives/TL/2002/10/copyright_quiz.php>.

Credits, continued…

"Assessing Student Learning - five practical guides." Centre for the Study of Higher Education (CSHE). 1 Jan 2002. 12 Jul 2007

<http://www.cshe.unimelb.edu.au/assessinglearning/03/plagMain.html>.Collins, Terry. "teaching with writing - strategies for preventing plagiarism - preventing plagiarism - center for writing." center for writing. 2 Jan 2007. 12 Jul 2007 <http://writing.umn.edu/tww/plagiarism/strategies.html>.

"Instruction - Faculty - Plagiarism - Preventing." University of Texas Libraries. 29 Jun 2005. 12 Jul 2007 <http://www.lib.utexas.edu/services/instruction/faculty/plagiarism/preventing.html>.

"Plagiarism - DGN Library." District 99. 12 Jul 2007 <http://www.csd99.k12.il.us/north/library/plagiarism.htm>.

"The Bedford/St. Martin's Workshop on Plagiarism." Using Portfolios to Avoid Plagiarism. 23 Nov 2005. 12 Jul 2007 <http://bcs.bedfordstmartins.com/plagiarism/default.asp?s=&n=&i=&v=&o=&ns=0&uid=0&rau=0>.

Bibme <http://www.bibme.org>

Warlick, David. "Son of Citation Machine." Son of Citation Machine. 29 Oct 2000. 11 Jul 2007 <http://citationmachine.net/>.

Credits, continued…

Broache, Anne. "RIAA Threatens 19 Universities with Lawsuits." Technology news - CNET News.com. 18 Oct 2007. 1 Nov 2007 <http://www.news.com>.

Duckworth, Cary, Liz Kennedy, and Jonathan Lamy. "Newsroom." RIAA. 18 Oct 2007. 1 Nov 2007 <http://www.riaa.com>.

Templeton, Brad. "10 Big Myths about copyright explained." Brad Templeton's Home Page. 1 Jan. 2004. 20 July 2008 <http://www.templetons.com/brad/copymyths.html>.

"Plagiarism Quotes." Famous Quotes and Quotations at BrainyQuote. 1 Jan. 2008. 20 July 2008 <http://www.brainyquote.com/quotes/keywords/plagiarism.html>.

Credits, continued…

•Ball State University. "Ball State University - Home." Ball State University - Home. 1 Jan. 2009. 22 July 2009 <http://www.bsu.edu>. "Conference to tackle university plagiarism problem | Education | Education Guardian ." Latest news, comment and reviews from the Guardian | guardian.co.uk . 17 Oct. 2006. 22 July 2009 <http://www.guardian.co.uk/education/2006/oct/17/highereducation.uk1>.

Credits, continued…

Maryland State Archives. "Annapolis Collection - Anne, Queen of England." Maryland State Archives. 1 Jan. 2002. 22 July 2009 <http://www.msa.md.gov/msa/speccol/sc1500/sc1545/e_catalog_2002/anne.html> Media Education Lab. " Code of Best Practices for Fair Use in Media Literacy Education | Media Education Lab." Welcome | Media Education Lab. 22 July 2009 <http://www.mediaeducationlab.org/code-best-practices-fair-use-media-literacy-education>.

Science Daily. "Confusion, Not Cheating, Major Factor In Plagiarism Among Some Students." Science Daily: News & Articles in Science, Health, Environment & Technology. 22 Mar. 2009. 22 July 2009 <http://www.sciencedaily.com/releases/2009/03/090322154413.htm>.

IMDB.com. "Jack Valenti - Biography." The Internet Movie Database (IMDb). 22 July 2009 <http://www.imdb.com/name/nm0884122/bio>. Kahn, Joel. "Frankentoon Home Page." Yahoo! GeoCities: Get a web site with easy-to-use site building tools.. 1 July 2003. 22 July 2009 <http://www.geocities.com/frankentoons>.

George Washington Presented Medal For Helping To Liberate Boston In 1776; He Was Just Getting Started… « THE B.S. REPORT." THE B.S. REPORT. 1 Mar. 2009. 22 July 2009 <http://thebsreport.wordpress.com/2009/03/24/george-washington-presented-medal-for-helping-to-liberate-boston-in-1776-he-was-just-getting-started>.

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