Transcript Responsible Uses of Technology

Responsible Uses of
Technology
Equity of Educational Opportunity
• Technology has become an indispensable
part of the way we live and work
• As teachers we must accept responsibility
to prepare students for this reality.
• We are short changing our students if we
do not prepare them for a world more
and more dependent on technology.
Copyright Laws
Copyright
• Is the body of legal rights related to the
reproduction, distribution, and
performance of original works.
What is Copyright?
• The US Constitution States:
“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 excessive right to
their respective writings and discoveries.”
What is Copyright?
• The intent is:
To advance the progress of knowledge by
giving the author of a work an economic
incentive to create new works.
What may be Copyrighted?
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Literary works;
Musical works,
including any
accompanying words;
Dramatic works,
including any
accompanying music;
Pantomimes and
choreographic works;
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Pictorial, graphic, and
sculptural works;
Motion pictures and
other audiovisual
works;
Sound recordings;
Architectural works;
Copyright owners have
exclusive rights to:
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Reproduce the work
Prepare a derivative work
Distribute the work
Perform the work publicly
Display the work publicly
Establishing Copyright
• In the USA, everything created privately
and originally after April 1, 1989 is
copyrighted and protected whether it has
a notice or not. (Berne Copyright
Convention). Copyright is established the
moment a work is fixed in tangible form
and lasts until 50 years after the author
dies.
Copyright notice
• Although not necessary, a notice of
copyright helps strengthen the
protection. The correct form of notice:
“Copyright [dates] by [author/owner]
• You may use © in a circle instead of
copyright but not (C) in parentheses.
Fair Use
• Four factors are to be considered in determining
whether or not a particular use of a copyrighted
work is fair:
1. Purpose and character of the use (nonprofit educational
use vs. commercial purposes)
2. Nature of the copyrighted work
3. Amount and substantiality of the portion
used in relation to the work as a whole
4. Effect of the use upon potential market
for value of the work.
Fair Use Purpose
• The intent of fair use is to allow for
criticism, commentary, news reporting,
research, education and parody about
copyrighted works NOT to allow schools
and educational institutions free rein to
use copyrighted materials, especially if
those works are published or viewed
outside of the classroom.
Intellectual Property
• The term intellectual property refers to
personal rights of ownership acquired
originally or derivatively from
intellectual creations. For example:
copyrights, trademarks, and patents.
Trademarks and Patents
• A patent is a grant of exclusive rights issued by the U.S.
Patent and Trademark Office that gives an inventor a 20year monopoly on the right to "practice" or make, use,
and sell his or her invention.
• A trademark is any word, name, symbol, or device, or any
combination thereof, adopted and used by a manufacturer
or merchant to identify his or her goods and distinguish
them from those manufactured or sold by others.
Photocopying
• Teachers can do the following copying for
their own scholarly research, use in
teaching, or preparing to teach a class.
Multiple copies (one copy per student in a
course) can be made if it meets the criteria
of brevity, spontaneity, and cumulative
effect and if each copy contains a notice of
copyright.
Brevity
• A complete poem printed on no more than two pages or
an excerpt from a longer poem not to exceed 250 words.
• A complete article, story or essay of less than 2,500 words
may be copied in its entirety. For other kinds of prose,
such as a play or novel, a copy must not be more than
1,000 words or 10% of the whole, whichever is less. No
matter how short the work, one may copy an excerpt of
500 words.
• One chart, graph, diagram, cartoon, or picture per book
or periodical issue.
Spontaneity
• Copying is done by the teacher when there
is not a reasonable length of time to
request and receive permission to copy.
Cumulative Effect
• The copying is only for one course and only
nine instances of multiple copying per
course during one class term is allowed.
Not more than one short poem, article,
story, essay or two excerpts may be copied
from the same author, nor more than three
from the same collective work during one
class term.
Children’s Picture Books
• Short works such as these are often less
than 2,500 words and cannot be copied as
a whole.
• An excerpt of not more than two
published pages or 10% of the book,
whichever is less, can be copied.
You do not have permission to copy if:
• Copying is done to create or replace or substitute
for anthologies, compilations, or collective works.
• The item is consumable (i.e. workbooks)
• You are in any way substituting for purchasing
books, periodicals, etc.
• You intend to charge the student more than what
the item actually cost to copy.
• You intend to use it term after term.
Video Use at school must:
• Take place in a classroom or similar place
of instruction.
• Be part of the regular instructional
process, not recreational.
• Be in the course of face-to-face teaching
activities.
• Be a lawfully-made or acquired copy.
Videotaping Guidelines
• Taped shows:
– Cannot be kept for more than 45 days after the
recording date.
– Can only be shown within the first 10 days of
that 45-day period.
– Can only be made through a teacher request,
not in anticipation of a need.
– Can only be shown two times within a single
class.
Videotaping Guidelines
• After 10 days the tapes can only be
reviewed by the teacher for possible
purchase and curriculum inclusion.
• Duplicate copies of the same program can
be made to fill teacher requests.
• Tapes cannot be altered in any way.
• All copies must include copyright notice.
Videotaping Guidelines
• These guidelines apply only to nonprofit
education institutions, which are expected
to establish control procedures to make
sure these guidelines are met.
Computer Software and CD-ROMs
• Only load software on the number of
machines for which you have permission.
• Do not load drivers for CD-ROMs onto
multiple machines.
• Upgrades of programs become your legal
copies - discard earlier versions.
Computer Software and CD-ROMs
• Do not load school software onto home
computers (and vice versa).
• Follow shareware and freeware rules.
• Old copies of software can be given away (and
not used at school anymore).
• Multi-platform CD-ROM drivers can only be
loaded onto the one platform of choice.
Computer Software and CD-ROMs
• You can legally use one program with one child or
group of children as long as you’re only on one
machine.
• Anything a student creates belongs to the student
and not the school.
• Before loading a program on another computer it
must first be deleted from the previous computer
(for one license).
Computer Software and CD-ROMs
• If a school consolidates or moves to a new
building, the software transfers as well.
• Purchasers are allowed to make one
backup copy of software for archival
purposes only.
• Keep all software licensing
documentation.
What is a software license?
• A software license allows the purchaser
to use the software under certain
specified conditions. The license also
stipulates what the purchaser may or
may not do with the software.
Shareware
• Shareware allows users to try software
before purchasing it. If it is found to be of
use, the user then pays a fee to the
shareware author. The fee paid is
determined by the author (usually found
in a “read me” file with the software) and
is paid on the honor system.
Freeware
• The freeware software producer retains
the copyright to the product however no
fee is charged.
• Freeware generally comes with many of
the restrictions found in shareware or fee
licensed software.
Public Domain
• Items placed intentionally into public domain by
the author/creator are not copyrighted. Material
on which the copyright has expired is also
considered public domain.
• Granting something to the public domain is a
complete abandonment of all rights and
derivative works can be made and copyrighted
from public domain material.
Multimedia Fair Use Guidelines
• You may use:
– 10% or 3 minutes, whichever is less, of a
motion media work.
– 10% or 1,000 words, whichever is less, to
incorporate into a multimedia project.
– Up to 10%, but never more than 30 seconds, of
music and lyrics.
Multimedia Fair Use Guidelines
• You may use:
– No more than 5 images by the same artist or
photographer. No more than 10% or 15
images, whichever is less, of a collective
work. (photos and illustrations).
– Up to 10% or 2500 fields or cells, whichever
is less, of a database.
Multimedia Fair Use Guidelines
• You may not have more than two useable
copies of a project.
• As a teacher, you may keep projects for
approximately two years.
• These guidelines apply to the classroom
setting. Once you go outside that setting
(i.e. to the Internet) you must obtain all
appropriate permissions.
Copyright and the Internet
• Under the guidelines of copyright, media
on the Internet is copyrighted—whether
it expressly says so or not.
• Either ask and receive permission to use
copyrighted materials on your Web site
or use public domain or original media.
Linking to Web pages
• Like a street address, a URL for a Web
page is not copyrightable. Therefore,
listing a link on your Web site does not
require permission. However, copying an
entire list of links from another Web
page could be.
Linking to Web pages
• You also might want to:
– Remove a link to another person’s Web page
if asked to do so.
– Remove links to pages where you suspect the
author(s) have included materials without
the copyright owner’s permission.
Violation of Copyright
• Violation of copyright laws is usually a civil
matter, resulting in lawsuits instead of criminal
trials. However, if the case involves more than 10
copies and a value of over $2,500, it can be made a
felony. Under U.S. law, infringement may result in
civil damages of up to $100,000 and/or criminal
penalties of up to five years imprisonment and/or
a $250,000 fine.
Following copyright laws
and guidelines allows you to:
• Be a good role model.
• Support creative endeavors and the ability
to profit from them.
• Avoid lawsuits and other trouble!
Sources
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Joseph, Linda C. (1999). CyberBee Copyright Workshop, [Online]. Available: World
Wide Web: http://www.cyberbee.com/copyrt.html
McKenzie, Jamie. (1996). Keeping it Legal: Questions arising out of Web site
management, [Online]. Available: World Wide Web:
http://www.fno.org/jun96/legal.html
Northern Trails Education Agency (1999). To Copy or Not to Copy - That is the
Question, [Online]. Available: World Wide Web:
http://www.aea2.k12.ia.us/Tutorials/Copyright/Copyright_.html
O'Mahoney P.J. Benedict. (1995). Copyright Website, [Online]. Available: World Wide
Web: http://www.benedict.com/
Software & Information Industry Association. (1999). Copyright Glossary, [Online].
Available: World Wide Web: http://www.siia.net/piracy/programs/glossary.htm
Templeton, Brad. 10 Big Myths About Copyright Explained, [Online]. Available:
World Wide Web: http://www.clari.net/brad/copymyths.htm
U. S. Copyright Office. [Online]. Available: World Wide Web:
http://lcweb.loc.gov/copyright/