Part 3. Copyright ©

It’s not as simple as you think!

Copyright law & Education

• Information is not always free, even information used for educational purposes.

• Striking a fair balance between content ownership (intellectual property) and free use of content (intellectual freedom), inherent to education, is tricky.

US Constitution Article 1 Sec. 8

The Congress shall have the power…

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Copyright Act (1976)

Fair Use provision (Title 17, Chapter 1, § 107. Limitations on exclusive rights: Fair use)

“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

Laws posted on US Law Collection, Cornell Law School

The Fair Use Test

Purpose –nonprofit, educational?Nature of the original – scholarly,

published? Amount being used – a portion?

But not the “heart of the work”?Economic impact on original – displace?

TEACH Act (2002)

Technology, Education and Copyright Harmonization Act

Expanded the use of copyright materials in education to cover digital material, especially for distance education.

OK to show copyrighted performances during online instruction without the consent of the owner but:

TEACH buts:

But use of the material is clearly for education not entertainment

But material can only be shown to enrolled students & not available to other people searching the Internet

But material shown must be a lawful copy. But only a part of the whole work may be

shown: “reasonable and limited portions”

One more thing: DMCA (1998)

Digital Millennium Copyright Act Sought to update US copyright law in the digital ageMostly created to prevent music and other digital works from being transferred from one medium to another or from being copied, so:No pirating! No illegal copies.

“Safe Harbor”

  According to the Safe Harbor provision of the Digital Millennium Copyright Act an online content provider is not liable for copyright infringement unless the provider refuses to take down copyrighted material when asked by its owner to do so.

Image source: Addicted Eyes. Licensed under Creative Commons

For example: YouTube?

Content = user generated

“notice-and-take-down” system

What about Napster?

Final decision:

No safe harbor for Napster Why? Because the court decided it was

formed as a means to an end: copying copyrighted music.

An analogy

  “YouTube, like a hotel, provides space for people to do things, legal or not. It’s not doing anything illegal itself, but its visitors might be. But Napster, everyone more or less now admits, was cast as the pimp: It was mainly a means of getting illegal stuff.”

 Wu, Tim. "Does YouTube Really Have Legal Problems?" Slate 26 Oct 2006. 14 Oct. 2007 <http://www.slate.com/id/2152264/>.

Case study #1

1. An instructor (nonprofit educational institution) wants to show her class Steve Colbert’s “The Word” segment from The Daily Show.

2. Owing to technical difficulties she can’t seem to play it from Comedy Central’s website (copyright owner).

3. She finds it running smoothly on YouTube.Q: Can she show it to her class?

Answer?

?

Hmmm…

Is YouTube’s version a legal copy?

Case study #2

1. An instructor (nonprofit educational institution) wants to include a segment from a popular cartoon on her password- protected class wiki

2. She contacts the copyright holders.3. She is asked to pay $60 for use.

Q: Should she go ahead and include it on her educational wiki page?

Hmmm..

Could the digital artifact be reused “downstream”?

Answer: No, but she can include it in her lecture!

© King Features. All rights reserved.

Some Resources

Creative Commons – excellent source of copy-right free music, images, and more

Flickr – or just go straight here for images using the Advanced Search Option:

Incompetech.com – royalty-free music created by musician Kevin McLeod

Free Culture Music – “freely licensed” music uploaded by users (YouTube model of sharing). This is a new, unestablished site...

Part 4: Plagiarism

Definition:

  “The uncredited use (both intentional and unintentional) of somebody else's words or ideas.”

"Avoiding Plagiarism." The Owl at Purdue. 2007. Purdue University. 16 Oct. 2007 <http://owl.english.purdue.edu/owl/resource/589/01/>.

Plagiarism @ NSCC

  At NSCC (and elsewhere) plagiarism is a form of student misconduct.

  You can fail your paper  You can fail your class  You can fail to graduate

Some facts

Over 40% of students admitted to cut-and- paste plagiarizing (Center for Academic Integrity, 2005)

More than 75% of 50,000 undergraduates surveyed “did not feel that copying off the Internet was a serious issue” (CAI, 2005)

“Students who are engaging in cut-and-paste plagiarism are doing it more often.” – Donald McCabe, founder CAI, radio interview, 2006

#1 reason, per students: “They don’t know they are doing anything wrong” (Ibid)

Your turn --

Spot the Plagiarism!

Most common forms of plagiarism

Word-for-word cut & pasting Inadvertent improper citing (for instance,

student confused the sources) Improper paraphrasing (for instance, quotes

are in wrong place or not used) Making up citations (student forgot where the

citation came from)

How to avoid plagiarism

Start your research early Keep track of all your resources Start your research early Learn when and how to cite properly Start your research early

When to cite:

You use another person's ideas, opinions, or theories.

You use facts, statistics, graphics, drawings, music, etc., or any other type of information that does not comprise common knowledge.

You use quotations from another person's spoken or written word.

You paraphrase another person's spoken or written word.

"Overview." How to Recognize Plagiarism. Indiana University Bloomington. 16 Oct. 2007 <http://www.indiana.edu/~istd/overview.html>.

"Overview." How to Recognize Plagiarism. Indiana University Bloomington. 16 Oct. 2007 <http://www.indiana.edu/~istd/overview.html>.

Common citation styles

Chicago/Turabian For history papers

MLA (Modern Languages Association) For humanities papers (English)

AMA (American Medical Association) For medical papers (nursing)

APA (American Psychological Association) For social-science papers (psychology & others)