Copyright
Issues
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In an article published by tech Learning, Carol
Holzberg stated, "Although students are becoming
increasingly dependent on technology for
information, they must also learn to use electronic
resources honestly. Youngsters must understand that
when they plagiarize images, text, video clips, or
music files theyre actually stealing the work
of others. Their actions are subject to serious
legal and disciplinary consequences! But where
should teachers draw the copyright line? Can
teachers themselves use copyrighted materials,
ostensibly protected from duplication without
permission, in classroom lessons, presentations or
professional development workshops without first
contacting the owner or paying royalty fees? Can
they post electronic images downloaded from the
Internet on the school Web site for non-commercial
use?"
In the past teachers could easily spot a
technique which many students would use when
writing a report. They would copy the information
word-for-word from an encyclopedia entry, and
submit it as their own work. Most of the time, the
vocabulary used in the encyclopedia was far above
that of the student, particularly at the elementary
level. Because the student had physically hand
written the work, they considered it their own.
Many students caught in this ruse found themselves
having to redo the assignments, much to their
chagrin.
Today's students pride themselves in their
ability to highlight, copy, and paste information
from one electronic source to another. Once entered
into a Word document, students can use electronic
tools such as the thesaurus to replace a few words
in an attempt to make the work appear to be
original. It is more difficult to catch this form
of plagiarism, but the astute educator will do so
and require the student to redo the assignment,
just like in the past.
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At issue is the law granted by the US
Constitution. The original law was written to
promote the development of original ideas. The
duration of a copyright is general for the life of
the author plus 70 years. After this time, most
copyrighted works fall into what is known as the
public domain.
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Copyright
and the Constitution
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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.
(US
Constitution, Article I, Section
8)
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In the past it was fairly easy to verify the
publication of a work because of its physical
properties. But technology has changed.
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The
Times Are A-Changing
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21st Century
Classrooms
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21st Century
Issues
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- Access to
resources
- Digital
technology
- Real-life
publishing
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- Appropriate
use
- Fair
use
- Intellectual
property
- Attribution
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In 1976 the Copyright Act was written to expand
the existing conditions of the Copyright Law to
provide greater clarification.
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Copyright
Act of 1976
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Copyright
owners have the right to reproduce,
prepare derivative works, distribute,
perform, display, transfer ownership, rent
or lend their creations.
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This act went on to specify greater detail about
copyright. Specifically, holders of copyrights
would receive the following benefits:
- Protects
original expression
- Eligible when
creation is fixed in a tangible
form
- Length of
copyright varies
- Cannot sue
unless registered
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In 1989 individuals no longer needed to apply
for a copyright. This change stated that once a
work is created, it is protected by copyright
law.
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But
there's no notice...
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For works
published after 1989, a copyright notice
is not required so absence of a notice is
not grounds for violating
copyright.
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The Fair Use Policy allows educators to use
certain amounts of copyrighted material for
educational purposes. Become aware of the Fair Use
Policy so that you know what you can and cannot do
in your own classroom.
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Fair
Use Standards
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- The purpose
and character of the use
- The nature of
the copyrighted work
- The amount
and substantiality of the portion used
in relation to the work as a
whole
- The effect of
the use upon the potential market for
the value of the work.
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The
Fair Use Statute
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Notwithstanding
the provisions of sections 106 and 106A,
the fair use of a copyrighted work,
including such use by reproduction in
copies or phono-records 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.
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Teachers must be responsible for helping
students to engage in academic research while
obeying the copyright laws. Because plagiarism is
on the rise, the need for better understanding, and
different approaches to assignments exist.
In the age of accountability where teachers are
held responsible for ensuring that their students
master specific SOL, many teachers do not feel that
they have the time to take on the added
responsibility of teaching about Copyright. But it
our responsibility to do so, even those who work
with primary students. We must emphasize the
importance of citing sources properly, and wherever
possible, we should design activities that involve
greater analysis and comparison, rather than simple
fact finding and reporting.
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Avoiding
Plagiarism
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Teach good
research skills
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- Notetaking
- Appropriate
use of quotes
- Paraphrasing
and summarizing
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Make fresh
assignments
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- Diaries and
journals
- Historical
fiction
- Investigative
reporting
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Teach
Your Children Well
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- Explain
intellectual property and fair
use
- Be a good
example
- Relate
technology violations to current
discipline plan
- Make the "Ten
Commandments" part of your computer
curriculum
- Do training
appropriate to grade level
- Gives rules
(printing access) AND guidelines
(evaluation skills, appropriate
use)
- Organize lab
area for easy monitoring
- Interact with
students as they work
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Take the time to help your students understand
the concepts of copyright and plagiarism and model
effective behavior yourself. There are numerous
resources available online.
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Good
Copyright Tips
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- Limit use of
copyrighted material in your
classroom
- Give proper
credit
- When in
doubt, get permission
- Use
webwhacker software
carefully
- Assume it 's
copywritten!
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