Evaluation
This section is to offer an explanation of the resources chosen, and how said resources will assist students and instructors with understanding copyright laws, fair use policies, privacy, and intellectual property (IP). Please find listed the individual resources and a brief explanation for each selection. There are other resources available, but the purpose of this culmination of resources is to save the prospective researcher time looking for valuable reference material.
Technology, Equality and Accessibility in College and Higher Education Act (TEACH Act)
This resource is helpful when discovering the parameters that govern the fair use of copyrighted digital material. The information is primarily geared toward teachers to assist in understanding the limits of the fair use in an educational institution. Jakubowski (2014), breaks down each facet of the law to allow the reader to gain a better understanding of how the TEACH Act directly applies in a collegiate setting.
LearningPad Conundrum: The Perils of Using Third-Party Software and Student Privacy
The information found in this article gives the reader a better insight on how a student’s privacy can be in jeopardy by educational institutions using third-party software for instructional purposes. The primary thought is the need for all stakeholders to be more aware of the potential privacy violations when using third-party software in the classroom or online services. The article also introduces the reader to the Family Educational Rights and Privacy Act (FERPA). The Department of Commerce is responsible for enforcing FERPA but as aforementioned all stakeholders should remain vigilant when it comes to protecting personally identifiable information (PII), as identity theft is continually on the rise worldwide.
Derivative Works 2.0: Reconsidering Transformative use in the Age of Crowdsourced Creation
This article deals with fair use as it refers to derivative works. The author is a proponent for the use of derivatives and list the regulatory requirements that apply to the creation of derivative works. The article also give a more appealing perspective on derivatives in the music industry and how the courts have sided with those that have created derivative works from the works of others siting the derivatives were substantial enough to stand alone. The article points out the inconsistencies in the findings during legal proceedings.
The Tension between Derivative Works Online Protected by Fair Use and the Takedown Provisions of the Online Copyright Infringement Liability Limitation Act
This article by Frank Guzman deals with the online Copyright Infringement and Liability Limitation Act (OCILLA). This article is another source for fair use and how it is applicable to the online environment. This article is useful to both student and teacher because it identifies the requirements for derivative works to retain validity online. The author identifies the ease by which the owner of the copyright of an original work can have unauthorized derivatives removed from the public domain. US Code 101 is the source cited to substantiate the claims.
Smart Toys and the Children’s Online Privacy Protection Act of 1998
The article is directed at the privacy issue and children. The Children’s Online Privacy Protection Act of 1998 (COPPA) is the legislation that protects children in an online environment. The author explores how many of the smart devices that children use today are equipped with internet capability making the children targets for predators seeking to take advantage of young children. The Federal Trade Commission has the oversight of enforcing the law and accessing penalties to violators.
Public Choice Perspectives on Intellectual Property
The article looks at the varying schools of thought as it pertains to intellectual property (IP). The author give the pros and cons for both sides of the argument by exploring the good and bad of both. The article gives an historical account of the changes in copyright laws in the US. The article is helpful for both student looking for information on IP and how it has changed over the years. The teacher can use the information found in the article to help students build a foundation for understanding IP and how IP has developed over time and become recognized as a copyrightable item.
Stanford University Libraries (2015). Copyright & fair use: What is fair use? Link
https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
This link gives the basic definition of fair use and explains the varying factors that are involved with fair use. A teacher or student would be wise to start their search for information on fair use on this site. The information is provided by Rich Stim, a lawyer and blogger. Each page provides information for both student and teacher to gain the necessary understanding of fair use.
Creative Commons. (2015). Creative commons kiwi -->. Link
https://creativecommons.org/about/videos/creative-commons-kiwi
The above link allows the user to borrow material that has been donated to the common. The borrower simple has to comply with the donor’s specifications, in most cases the donor only wants to be given recognition for the borrowed work. The site has pictures, videos, even instructional material to include complete training packages. This site is very helpful for a teacher that is looking for training ideas that they can create derivatives of donated works.
EmergingEdTech. (2010). Copyright and fair use, as applied to education and teaching -->. Video https://www.youtube.com/watch?time_continue=27&v=islFL7h8ADc