Anjanette Dalida Copyright, Fair Use, and Personal Rights and Privacy Toolkit

Introduction

Copyright, fair use, intellectual property and personal rights violations and privacy have become critical issues as technology and internet played a major role in globalization. Issues such as intellectual property, copyright, and fair use becomes influential as original materials have potential economic gains and benefits. Rooksby (2016) believed that “for higher education to truly grow and expand as a cultural and knowledge commons, educational institutions must temper their impulses to restrict or claim the intellectual fruits of their faculty, students, donors, and other constituents impulses all too often encouraged by existing copyright laws and policies” (p.772).

Copyright

Copyright law is an exclusive right given to the original author or creator to publish, print, record and create materials; allowing others to request permission. The Copyright Act of 1976 first legally established federal protection of copyrighted materials which was later extended to digital media with the Digital Millennium Copyright Act (DCMA) of 1998. The United States Copyright Office, the World Intellectual Property Organization, and the United States Patent and Trademark Office and Copyright Clearance Center oversee licensing and monitor the sharing of copyrighted materials, (Copyrights, 1976: DCMA, 1998)

Fair Use

Stanford Universities Libraries (2015) defines fair use as “the act of copying any copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner”.

Intellectual Property

Ravi et.al (2021) precisely defined intellectual property as “a mind creation involving invention, works of literature and art, and the words, titles, and pictures used by commerce” (p.1373).

Personal Rights Violations and Privacy

Information has become a valuable resource in our society today and with information being so priceless, privacy has also caught many attention in our lives. Just as Leonard (2014) has pointed out “privacy is becoming a human right, as humans require to keep some things private.” There are two laws that protects children and families in education: COPPA and FERPA.  

COPPA also known as the Children’s Online Privacy Protection Act was enacted by congress in 1998 (Federal Trade Commission, 2020). The purpose of this act was to “direct and enforce regulations regarding children’s online privacy” (Federal Trade Commission, 2020). This act was to create a safe online environment for children under the age 13, granting parents the ability to oversee the information and content that is presented to their children on online webs and be able to collect, gather, and maintain information (Federal Trade Commission, 2020).

Educational institution are also required to remain compliant with FERPA. Huml and Mornman (2017) explained that the “Family Educational Rights and Privacy Acts (FERPA) was enacted in 1974 secure educational rights of students” (p.127). FERPA “allows schools to disclose information regarding a student without educational consent for the safety and health of students” (U.S. Dept. of Education, 2007)

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Task

                              Copyright, Fair Use, Intellectual Property, and Personal Rights and Privacy Resources

 

Copyright Basics - https://youtu.be/Uiq42O6rhW4

Intellectual Property, Copyright, and Fair Use in Education - http://cogprints.org/6251/1/IP_Copyright_Fair_Use_Education.pdf

 

Process

The idea of my design for my toolkit involves visionary videos and PDF reading for students, educators and parents. These resources will assist students, parents, and educators to understand how intellectual property, copyright, fair use, personal rights and privacy are connected in education. In addition, information regarding public domain, trademark and patents are explained in relation to protective laws. FERPA and tips for student privacy are described to help protect parents and students in educational institutions.

Proper steps to utilize fair use, copyright and personal rights and privacy are interpreted in the videos and PDF resources to instruct students, parents, and educators. These videos and readings of PDFs will increase your knowledge or answer your questions on copyright, copyright law, infringement, public domain, fair use, violations, intellectual property, personal and privacy rights law.

Evaluation

I find using materials found in textbooks or online resources to be helpful and effective for my teaching purposes; however I also recognized that the purpose of use for these materials are significant as it can infringe or violate laws and rights to the ownership of the copyright. It is essential to recognize the importance of authorship, copyright ownership and derivative works as economic incentives are meaningful and relevant that contribute to such issues. I recommend to use appropriate guidelines and fair use which allows limitations on the uses of copyrighted materials for teaching purposes.

Learning these topics are essential to learn especially as an educator in the classroom and a student in the field of research as it provides protection to the original work of individuals over reproduction and public display. This will also encourage many creators to keep creating content as they know they will be protected and given appropriate credits to their hard work. I believe that copyright and intellectual property leads to open education potentially increasing access to effective learning resources.

Conclusion

In summary, my WebQuest Online toolkit was a way for me to support students with resources on topics such as Copyright, Intellectual property and Fair Use which is increasingly important due our society globalizing into the digital realm.

It is essential for students to understand these issues as scholarly research is practiced within educational institutions for on ground and E-learning environments. Students and faculty are encouraged to develop inventions and creative works throughout their educational experiences. Educating students with these issues fosters their creativity while knowing their rights and proper steps in utilizing derivative use and distribution of their works.

When creating, sharing and maintaining their works, there are laws that students and educators must understand such as DMCA and T.E.A.C.H acts. In education, we use most of the information we find in resources that have been taught, used and created resulting that it is crucial we should be aware of the explicit rules that protects the authentic works of the owner and by practicing this, we can continue to cultivate minds to produce more works in the field. Copyright, intellectual property and fair use topics gave me clarity and knowledge about facts and guidelines that I was not aware of before. I was able to gain information about benefits and effective methods that will not infringe on guidelines and protect me with laws that have been set regarding original work. I believe that learning these issues allows for better implementation that prepares educators for exploring alternatives to create effective and meaningful on-ground and online learning environments. 

Credits

COPPA – Childrens Online Privacy Protection Act. (n.d.). Complying with COPPA: Frequently asked questions. https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions-0

Huml, M.R. & Driller, A.M. (2017). Student-athlete educational records? The involvement of FERPA within recent NCAA division I academic scandals. Journal of Legal Aspects of Sports. 27(2), 127-144. https://doi.org/10.1123/jlas.2015-0022

Lakhan, S.E. & Khurana, M.K. (2008). Intellectual property, copyright, and fair use in education. Journal of Academic Leadership. 6(4), 1-11.

Library of Congress. (1977). General guide to the Copyright Act of 1976. Washington, D.C.: United States Copyright Office, Library of Congress.

Library of Congress. (1977). General guide to the Copyright Act of 1976. Washington, D.C.: United States Copyright Office, Library of Congress. Section 107

Library of Congress. (1998). The Digital Millennium Copyright Act of 1998: U.S. Copyright Office summary. Washington, D.C.: Copyright Office, Library of Congress.

Ravi, C. & Naresh, E. & Swetha, M. (2021). Significance of intellectual property rights in elementary education. Ilkogretim Online. 20(5), 1373- 1377. doi: 10.17051/ilkonline.2021.05.152

Rooksby, J.H. (2016). A fresh look at copyright on campus. Missouri Law Review. 81(3), 769-810.

Stanford Center for Internet & Society. (2014). Commons myths about fair use & copyright. https://ncuone.ncu.edu/d2l/le/content/93813/viewContent/785952/View

U.S. Department of Education. (2007). Balancing student privacy and school safety: A guide to the family educational rights and privacy act for elementary and secondary schools. Law and Guidance. https://www2.ed.gov/policy/gen/guid/fpco/brochures/elsec.html

Teacher Page

Tips and Ideas to Consider:

We hear copyright most often, but are unaware of the legalities and proper procedures to take when creating, publishing, and recording original or reproducing work this is why it is significant to utilize resources that are beneficial for students, researchers, educators and parents because it instructs on the proper guidelines that are necessary to follow. The Creative Commons is also another resource that showcases updated news, blogs, and conversations that are about different topics around the world. It also connects researchers on communicating about the fields and issues enhancing new information, discussion, and facts.

Resources are available in this toolkit focusing on topics: Copyright, Intellectual Property, Fair Use and Personal Rights and Privacy that will be a guide for you and your students.

Videos and PDF readings are provided in the TASK section to provide you with facts and knowledge covering these issues.