Tort Tort Liability, Liability,

Classroom Safety, & Classroom Safety, & Copyright Law Copyright Law

Tort Tort Liability, Liability,

Classroom Safety, & Classroom Safety, & Copyright Law Copyright Law

By: Jenny Goodstein, Valerie Stopka, Shawn By: Jenny Goodstein, Valerie Stopka, Shawn StoltzStoltz

Tort Liability

• Civil Wrong

• Criminal Wrong

• Grounds for a Lawsuit

Torts-Civil Wrongs

• Statutory• Defamation• Intentional• Negligence

Negligence• Standard of Care• Unreasonable Risk

– Reasonable Man– Foreseeability

• Proximate Cause• Actual Injury

Obligations of Educators

• Supervision• Instruction• Maintenance of Equipment• Safety Program

Defense in Negligence Cases

• Contributory Negligence• Comparative Negligence• Assumption of Risk• Act of God• Sovereign Immunity

Degrees of Negligence

• Slight

• Ordinary

• Gross

Elements of a good Safety Program

• Require a student acknowledgement• Require a consent-to-use form• Administer safety tests• Post general safety rules• Post specific safety procedures• Enforce safety rules• Conduct safety inspections• Establish emergency procedures

Elements of Safety Program cont…

• Maintain a first aid kit• Document safety instruction• Keep equipment in good operating

condition• Ensure the lab is safe• Report and investigate all accidents• Supervise students• Secure liability insurance

Tort Liability Case• A student severely cuts an arm.

You, the teacher applies first aid to stop the bleeding and want to take the student to the office. You instruct the class to shut down the equipment and remain in the classroom. As soon as you leave, one fo the students returns to the lab, turns on a piece of equipment, and is seriously injured. Are you liable for the injury to the second student?

Classroom Safety

Equipment Safety

• Space heaters• Paper cutters/trimmers• TV/audiovisual carts

Space Heaters• Underwriters

Laboratory safety listing

• Keep combustibles at least 3 feet away.

• Always unplug when not in use.

• Never place them on any platform or raised surface.

Paper Cutters/Trimmers

• Keep fingers away from the blade.

• Proper storage and placement

• Never allow elementary school children to operate

• Cutting guard• Locking device

TV/Audiovisual Carts

• Children should never:– Move the carts by themselves or

without supervision.– Step on or ride the carts.

TV/Audiovisual Carts Cont…

• Teachers should:– Ensure that the carts have safety

straps.– Ensure that the equipment is

secure.– Always push the carts from the

back.

Eye ProtectionSafety Goggles

Personal Protection

• Broken glass• Hand protection• Washing hands

Safety with Fire• Never leave room while any flame is

lighted.• Never heat flammable liquids.• Tie back long hair and secure loose

clothing when working with a heat source.

• Fire extinguisher• Fire procedures

Decorations• Drapes• Curtains• Decorative drops• Other decorative materials

Decorations Cont…• Do not use highly flammable materials.• Do not cover electrical light bulbs with

paper.• Avoid sharp or breakable decorations.• Avoid decorations that resemble candy.• Avoid artificial snow products.• Never put decorative lights on a metal

surface.

Extension Cord Safety

• Make sure that they do not dangle.• Only use 3 prongs.• Teach children not to play with the

cords or outlets.• See extension cord safety checklist.

Classroom Hazards

• Surge protectors• Chemical safety• Exits

Cleanliness

Cleanliness Cont…

Spills• Should be cleaned immediately.• For spills on carpets, contact

custodial/maintenance staff immediately. • If liquid spills into heating or air

conditioning units, report the spill to the appropriate custodial/maintenance staff.

Cleanliness Cont…

• Animals• Home Furnishings

COPYRIGHT LAW

What is Copyright Law?

• It is a property right attached to an original work of art or literature.

• It grants the author or creator exclusive rights to reproduce, distribute, or display the work.

• Wrongful use of the material gives the owner the right to seek compensation in a court of law.

What does the Copyright Law protect?

• In order for something to be protected by the copyright law it must:

Be original Be creative to a minimal degree Be in a fixed or tangible form of

expression.

What does the Copyright Law not protect?

• It does not protect facts and ideas.• For example, the copyright law

would protect a biography about a U.S. President, but the events and facts of his life would not be protected.

Copyright Laws cover 7 broad categories:

1) Literary works- books, periodicals, manuscripts, computer programs, manuals, and audiotapes.

2) Musical works- accompanying words-songs, operas, and musical plays.

3) Dramatic works- includes plays, music, and dramatic readings.

4) Choreographed works

7 categories continued…

5) Pictorial, Graphics, and sculptural works- includes arts, photographs, prints and art reproductions, maps, charts, diagrams, and models.

6) Motion pictures and audiovisual works- slide/tape, multimedia presentations, filmstrips, films, and videos.

7) Sound recordings and records- tapes, cassettes, and computer disks.

A copyrighted work may be used or copied under certain

conditions:

1) Public domain- work belonging to the public as a whole

2) Permission- prior approval by the copyright owner

3) Legal exception- an exemption to copyright protection

4) Fair use- use for educational purposes according to certain restrictions

Fair Use and Teachers• Fair use allows use of copyrighted material for

educational purposes such as comments, news reporting, teaching, scholarship, and research.

• Copyright law provides 4 standards for determination of fair use:

1. Purpose of use- copying parts of work for specific educational purposes

2. Nature of work- copying paragraphs from a copyrighted source

3. Proportion/extent of material used- duplicating excerpts that are short

4. The effect on marketability- if there is no reduction in sales because of copying, fair use exception will apply.

Challenges for Educators

• The internet provides ready access to a lot of information and knowledge. Newer technologies allow teachers to transfer, copy, and digitize learning materials faster and easier than before.

• Some educators duplicate materials illegally or load software without license. This is stealing from the author of the material.

Teachers should consider the following:

• In one case, a teacher was held liable for copying 11 out of 24 pages in an instructional book without permission from the copyright holder

• Penalties for copyright violations are harsh. Judgments can run up to 100,000 for each of infringement

• Many school districts have policies relating to reproduction of copyright materials. Disregard for the policies could mean that a teacher charged with copyright violation would receive no legal support from the district

Sources• http://www.slosipe.org/TRAIN/Mod20/

mod20home.htm• http://membership.acs.org/c/ccs/pubs/K-

6_art_2.pdf• http://education.stateuniversity.com/pages/

2378/Risk-Management-in-Higher-Education.html

• http://www.uiowa.edu/~c07p134/tort.htm• http://education.atu.edu/people/swomack/

Torts/index.htm