Ethics & Electronic Information

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1 Ethics & Electronic Information Digital Literacy... is the ability to understand and use information in multiple formats from a wide range of sources when it is presented via computers. Paul Gilster 1

2 Digital Literacy Revised... is the ability to understand and use information in multiple formats from a wide range of sources when it is presented via computers in an ethical and responsible manner. Copyright Is the legal, exclusive right of an author of a creative work to control the copying of that work. Intent is to promote the progress of science and useful arts by protecting, for a limited time, the exclusive rights of creators to their works. Protects expression. 2

3 Copyright Protects the Creator s Right To: Reproduce, modify, distribute and/or perform his or her work. Determine how his or her work will be reproduced, modified, distributed, and/or preformed. Copyright Protection Copyright protection is automatic as soon as the work is in a fixed media. Notice of copyright is not required since The term of copyright protection is now 70 years (new). 3

4 Copyright Notice Copyright contains: The symbol or word Copyright Name of copyright holder Date All Rights Reserved Allows owner to sue for infringement and collect statutory damages. (Otherwise, may only sue for actual damages.) What can be copyrighted? Literary, dramatic, musical works Pantomimes and choreography Pictorial, graphic and sculptural works Audio-visual works Sound recordings Architectural works 4

5 What can not be copyrighted? Ideas Facts Titles Names Short phrases Blank forms Copyrighted Material is Usable When: Work is in public domain Copyright expired Produced by the U.S. Government (for the most part) Material is factual or an idea Use is considered fair use 5

6 The Fair Use Clause First added in Is an exemption provided in the Copyright Law ( 107) and was created to protect First Amendment rights. Is relatively short and vague. No definitive definition of the concept of Fair Use exists. Fair Use Gives You the Right To: Use another person s work without permission for: public commentary or criticism parody news reporting teaching research and scholarship 6

7 Fair Use Defense Purpose: for commercial or noncommercial use? Nature: factual or creative/published or unpublished? Amount: amount copied in relation to work as a whole? Effect: does use effect value? For What Purpose Are You Using the Work? To add value to a lesson? Momentary use? To gain profit or take credit? To build on the work? 7

8 What is the Nature of the Work Copied? Nonfiction work in education lends itself much more to fair use defense. Downloading images to use in tomorrow s lesson vs. downloading the script of a play to perform with your students. Using published work is harder to defend than using unpublished work. How Much Are You Using? 10% of the work or 1000 words, whichever is less. Small section may capture the essence of the work - if so, does not fall under the guidelines of fair use. 8

9 What Is the Effect on the Value of the Work Copied? Does the use of the work in any way compromise its value? Does the use of the work replace a possible sale of the work? Does the use of the work on a broad scale affect the value? To prove fair use you must demonstrate that you followed all the guidelines. 9

10 Students and Digital Information The theft of real property is clearly a crime. Most students understand this. Theft of intellectual property is also a crime yet students may not understand. Students can easily incorporate the work of others into their own projects. Because it is possible, they may think it is okay. What Makes It So Easy? Multimedia is easy to duplicate. The Internet makes material available. We have a large capacity to story data. There is a lack of copyright tradition and clear procedures and legal guidance in using electronic information. Teachers and students are not informed. 10

11 Copyright Penalties If use causes actual loss of revenue and can be proven, damages can be awarded. Statutory damages (sometimes impossible to prove actual damage) may be awarded. $500 to $20,000 If willful, up to $100,000 If unintentional, $200 Potential Changes in Fair Use Currently being challenged by corporations and others. New legislation proposed and passed (10/98). Most of anti Fair Use pieces were dropped from final bill... for now. 11

12 What Can Be Done? Fair Use Limitations Time Unlimited for students (portfolios) Two years for educators Distribution Only two copies allowed 12

13 Portion Limitations Motion Media (video): up to 10% or 3 min. of work, whichever is less. Text: Up to 10% or 1000 words, whichever is less. Music: Up to 10% or 30 seconds, whichever is less. Illustrations/Photos: okay to use entire picture, max 5 images from one artist, or 10% or 15 images from collective work. 3 Point Rule: Brevity - less is better. Spontaneity - use for the moment. Effect - don t do anything to change the value. 13

14 Things You Should Know All things are copyrighted the moment they are written. No copyright notice is required. Copyright is still violated whether or not you charge money for something you have copied. Fan fiction and other work derived from copyrighted works is a copyright violation. More Things to Know Linking to someone else s web page is still an undecided issue. Posting that someone has sent you is technically a violation of copyright law. Postings to Usernet are not granted to public domain unless specifically stated. Copyright is not lost if you do not defend it. 14

15 Recommendations Establish school policies and enforce them. Educate yourself and your students. Role play with students. Play it safe, assume everything is copyrighted. Be aware of new tracing technology. More Recommendations Limit the use of copyrighted material to inside your classroom. Always give proper credit. Contact the owner for permission to take/post work outside the classroom. Don t use things blatantly commercial. When in doubt, ask for permission. 15

16 Guidelines There are many individual institutional guidelines. Now there is the Fair Use Guidelines for Educational Multimedia Consortium of College and University Media Centers (CCUMC) Critical Thinkers By having students take the information that they find and make conscious, educated decisions about what to use and how to structure it, they gain the higher-order thinking skills necessary for lifetime learning in an information-rich society. Kathy Schrock 16

17 Evaluating Online Information 75% of students have access to online information 350 million documents available on the Web 1,500 new sites being added daily Bias Is the sponsor/author of the site clear? Is there a link to information about sponsor or author? Is the page an ad disguised as information? 17

18 Citations Is there a bibliography? Does it link to other related sources in order to allow students to evaluate author s scholarship? Fallacy Is information presented out of context? Is the author s purpose and rationale clearly stated? 18

19 Free of Errors Spelling errors? Grammatical errors? Broken links? Incomplete pages? Misinformation Use of opinion verbs? Appeals to emotion? 19

20 Navigability Well organized? Site map? Links obvious and logical? Quality of Information Pertinent? Accurate? Cited? Verifiable? 20

21 The Five W s Who wrote the page(s)? What does the author say is the purpose? When was the site created, updated? Where does the information come from? Why is the information useful? Sources Brad Templeton, CUE Conference Stephen L. Shane, CUE Conference Kathy Schrock The Copyright Website 21

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