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 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)
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”.
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)