Copyright Issues

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 they’re 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.

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.

Copyright and the Constitution

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)

In the past it was fairly easy to verify the publication of a work because of its physical properties. But technology has changed.

The Times Are A-Changing
21st Century Classrooms
21st Century Issues
  • Access to resources
  • Digital technology
  • Real-life publishing
  • Appropriate use
  • Fair use
  • Intellectual property
  • Attribution

 

In 1976 the Copyright Act was written to expand the existing conditions of the Copyright Law to provide greater clarification.

Copyright Act of 1976

Copyright owners have the right to reproduce, prepare derivative works, distribute, perform, display, transfer ownership, rent or lend their creations.

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

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.

But there's no notice...

For works published after 1989, a copyright notice is not required so absence of a notice is not grounds for violating copyright.

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.

Fair Use Standards

  • 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.

The Fair Use Statute

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.

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.

Avoiding Plagiarism

Teach good research skills

  • Notetaking
  • Appropriate use of quotes
  • Paraphrasing and summarizing

Make fresh assignments

  • Diaries and journals
  • Historical fiction
  • Investigative reporting

Teach Your Children Well

  • 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

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.

Good Copyright Tips

  • Limit use of copyrighted material in your classroom
  • Give proper credit
  • When in doubt, get permission
  • Use webwhacker software carefully
  • Assume it 's copywritten!