Ethical Use of Information

and Copyright ComplianceMARCH 2013

OverviewThis document contains suggestions for ethical

and fair use of information aligned to the NYSUT Teacher Practice Rubric: 2012 Edition

and Fair Use guidelines.

Disclaimer: This document is intended for informational purposes only, and may not be relied

upon as legal advice. Please consult an attorney with expertise in

copyright law for advice relating to your specific circumstances and activities.

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NYSUT Rubric RequirementsElement VI.1: Teachers uphold professional standards of practice and policy as

related to students’ rights and teachers’ responsibilities. C: Demonstrates ethical use of information

and information technology

EFFECTIVE: TEACHER CONSISTENTLY COMPLIES WITH AND ADVOCATES FOR THE

ETHICAL USE OF INFORMATION AND INFORMATION TECHNOLOGYa

Teacher:a

-Does not copy/paste from the interneta

-Complies with Fair Use requirementsa

-Requires citations on student projectsa

-Does not accept plagiarized work

HIGHLY EFFECTIVE: TEACHER CONSISTENTLY MODELS ETHICAL USE OF INFORMATION AND INFORMATION TECHNOLOGY, AND ENSURES RESPECT FOR

INTELLECTUAL PROPERTY RIGHTS, CREDITS SOURCES, AND ADHERES TO SAFE AND LEGAL USE GUIDELINES.

a

Teacher does the above, plus:a

-Cites sources on all classroom materials/presentationsa

-Seeks permission from the author to use resources whenever possible

a

-Purposefully instructs students on how to appropriately credit sources, and the different types of use (quote, paraphrase, image

credit)a

-Instructs students on how to protect their own intellectual property

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The Top 10 Ways to be an Ethical User of Information:

-10-No more movies as rewards (unless your school purchases a

performance license); same goes for popular music in the background of presentations.

-9-Use Creative Commons/Royalty-free/Public Domain resources

whenever possible and cite accordingly.

-8-Familiarize yourself with the doctrine of Fair Use.

-7-Ask permission from the creator whenever possible.

-6-If you’re not sure if it’s OK to use it…check. Work with your

librarian.

-5-Know the difference between quote and paraphrase, and how to

cite each. Teach it to your students.

-4-Purposefully instruct students on digital citizenship.

-3- Cite your sources; model ethical use.

-2-Stop copying and pasting from the internet: photos, worksheets,

videos, text.

-1-Require students to follow the above rules on every project, all the

time.

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Copyright and Fair Use

AN EDUCATOR’S GUIDE TO

Is the item still protected by copyright?

Check the copyright slider:http://librarycopyright.net/resources/digitalslider

/

No Yes

How will you be using it?

Criticism/Comment

Parody

Scholarship/Research

Entertainment

For ProfitHow much are you

using?Is the use

“transformative”? Is the effect on the

market for this work minimal?

A small portion/Not the

central part of the work

The whole thing or the “heart” of the work

Did you get permission from

the creator?No

Yes

*Copyright and fair use guidelines can be tricky —even the Office of Copyright doesn’t provide a definitive “yes” to issues of fair use.

Hooray! You are free to use this resource*.

You may still qualify for Fair

Use. Try the checklist on the next

page or the Fair Use Evaluator.

You may also want to explore other copyright-free

options. 5

Financial Effect:Favoring Fair Use• Only one or a few copies are made• No significant effect on the market • Copy of original work was lawfully

purchased or acquired

Opposing Fair Use• Could replace the sale of the

copyrighted work• Numerous copies made• You made it accessible on the

internet/public forum without restricted access

• Repeated/long-term use• It would be affordable to get

permission/purchase copies

Comments:

Name: __________________________________ Grade Level/Department: _

Project: Date:

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Fair Use Checklist

Adapted from: Crews, Kenneth D., & Buttler, Dwayne K. (2008, May 14). Fair use checklist. Retrieved from http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf

Purpose:Favoring Fair Use• Teaching• Research/Scholarship• Criticism/Comment• News Reporting• Transformative (repurposes for a

new audience)• Restricted Access (only for students)• Parody

Opposing Fair Use• Entertainment• Profit/Commercial Activity

Comments:

Nature:Favoring Fair Use• Published Work• Factual/Non-Fiction• Important to educational objectives:

Explain:

Opposing Fair Use• Unpublished work• Highly creative work (art, music,

films, plays)• Fiction

Comments:

Amount:Favoring Fair Use• Small portion of the work• Portion is not “central” or significant• Amount is appropriate for the

educational purpose

Opposing Fair Use• Large Portion or the whole work is

used• Portion is central to the work

A chart of generally accepted amounts created by Kathy Schrock can be found at: http://kathyschrock.net/pdf/copyright_schrock.pdf

Comments:

ONCE COMPLETED, PRINT OR SAVE A COPY FOR YOUR RECORDS

{A few examples of common copyright compliance and infringement in schools}

So what? {Why should I care? I won’t get caught.}

No Probably* Obtaining performance rights to

show movies for non-educational use (see Page 8)

Using royalty-free and Creative Commons images and music, and attributing the source as required

Contacting the original creator to obtain permission before use

Copying an image/video clip/document for the class to analyze or criticize

Creating a parody or critically evaluating a copyrighted work

*Copyright and fair use guidelines can be tricky—even the Office of Copyright doesn’t provide a definitive “yes” to issues of fair use.

Bringing in a popular movie (or using Netflix) to show a movie in the auditorium during bus dismissal, as a reward, or during indoor recess

Copying/printing a single copy of a workbook (print or online) for an entire class to use, or copying full pages/paragraphs from other works to include in a teacher-created textbook

Right clicking and saving links to music and video files from the internet

Copying images from a Google Image search to use on a classroom/district website or in a teacher-created textbook

Using copyrighted music in the background of videos or presentations

Now what? {OK, I get it. This is important. How can I get started?}

• Invest in a licensing subscription• Post copyright notices by all building copiers/computer labs

• Make sure the teacher handbook includes information about copyright compliance• Attribute content and add a “Website Concerns” contact form on your website• Work with your librarian and the School Library System to educate faculty, staff,

and students about copyright compliance

• A lack of documented lawsuits against schools does not equate to a lack of repercussions:

many districts opt to settle out of court• More and more content is being hosted and shared digitally

• Digital content = anyone can see it and report it• It’s good practice and our responsibility as educators to model copyright compliance

for students

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Is this legal?

Copyright LinksHarvard University Office of the General Council has an exhaustive copyright guide.

Stanford University Libraries has a number of resources for determining fair use.

Digital Copyright Slider can be used to determine if a resource is in the public domain.

Carol Simpson is a guru on copyright in schools. Her site includes PDFs with copyright guidelines for students and teachers, as well as a database of copyright incidents.

Creative Commons has many resources that can be used legally, including course content/materials, images, and music.

Flickr Creative Commons provides user images with varying restrictions, many free to use and adapt for both profit and non-profit use

Motion Picture Licensing Corporation offers umbrella licensing for Fox Studio movies.

Movie Licensing USA offers a public performance site license for many major movie studios (including Walt Disney Pictures, Paramount Pictures, Warner Bros., Sony Pictures, NBC/Universal Pictures, DreamWorks Pictures, New Line Cinema, Lionsgate Films, MGM, Touchstone Pictures, Hollywood Pictures, Columbia Pictures, TriStar Pictures, Focus Features, Miramax, Warner Independent Pictures, Paramount Classics, Paramount Vantage, Fine Line Features, United Artists and Picturehouse).

U.S. Office of Copyright--Fair Use is a document put out by the U.S. Government to explain the fair use doctrine. 8

Fair Use Evaluators

This tool from ALA’s Office for Information Technology allows users to input information, make judgment calls about their

work, and print off a copy for their records.

This checklist from Columbia University Libraries breaks out the four fair use criteria into a comparison of factors

“favoring” or “opposing” fair use.

The Copyright Metro from Baruch College is a fun, interactive guide for using various media in the classroom legally.

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References

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Created and Compiled by Nicole Waskie-Lauranwaskiel@btboces.org | http://broometiogasls.wordpress.com

Twitter @nwaskielaura

Crews, Kenneth D., & Buttler, Dwayne K. (2008, May 14). Fair use checklist. Retrieved from

http://copyright.columbia.edu/copyright/files/2009/10/fairusechecklist.pdf

Harvard University Berkman Center for Internet & Society. (2008, August 5). Fair use. Digital Media Law Project. Retrieved from: http://www.dmlp.org/legal-

guide/fair-use

North Carolina State University Provost Office. (n.d.). TEACH Act Toolkit. Retrieved from: http://www.provost.ncsu.edu/copyright/toolkit/

New York State United Teachers. (2012 August). NYSUT’S Teacher Practice Rubric 2012 Edition. Retrieved from: http://www.nysut.org/files/2012_SEDapproved_NYSUT_TPR.pdf

Starkman, Neal. (2008, March 1). Do the (Copy)right Thing. THE Journal. Retrieved from: http://thejournal.com/articles/2008/03/01/

do-the-copyright-thing.aspx

United States Copyright Office. (2012 June). Fair use. Retrieved from: http://www.copyright.gov/fls/fl102.html