By Elizabeth, Bre, Chris and Wendy

Session objectives:  Session Objectives:  The teacher will define, compare, and analyze copyright policies in order to apply appropriate practices and policies of copyrighted material to teaching and learning.  The teacher will determine the relevant agents, acts, results and stakeholders in order to make ethical decisions regarding incorporating technology into the classroom.  The teacher will examine the code of professional ethics in order to evaluate individual, societal, and professional ethical challenges with incorporating technology into the classroom.  The teacher will apply principles of copyright laws, ethical practices, and assess in order to determine good practices of technology infused teaching and learning.

Introduction and Purpose: Why should we learn about copyright and fair use laws?  As educators, we are entrusted with our nation’s most precious asset-our children. As such, we are responsible for not only educating our students, but we are also responsible for demonstrating and modeling proper ethical behavior. We also have the responsibility of helping prepare our students to be able, and productive members of the work force. In an increasingly mobile society, access to information is readily available. However, just because our students have access to the information doesn’t mean they know how to use it accurately. As educators, we cannot expect our students to use the information available to them in a responsible manner, if we don’t model the same behaviors ourselves. Likewise, we cannot hold our students accountable for infractions, if we don’t have a clear understanding of where the lines and boundaries exist.

Before we begin…  Please click on the icon below to access a survey. Please fill out the survey, accurately and honestly. We will look at these results at the end of the session to see if your opinions will change on the subject.

Copyright and Fair Use for Educators.

What is Intellectual Property?  It is property that comes from an idea that is expressed in a tangible form.  Intellectual property has value to the creator.

What does tangible mean? Tangible means the work is in a format that has substance or material. For example, a song becomes tangible when it is put into a document or made into a recording. A painting is made tangible when it is put on a canvas.

Copyright Intellectual Property is protected under a complex series of laws called copyright.

Copyright Copyright is protection provided by the laws of the United States to the creators of things like books or other written works, as well as other dramatic, musical, and artistic works.

Copyright Copyrighted works are protected from being copied, distributed, performed, or changed without the creator’s (or owner’s) permission.

So… does that mean I need permission for everything I use in my class to teach?  No. Copyright laws actually have exceptions that allow educators to use a good amount of copyrighted material without asking for permission or paying licensing fees. These exceptions are called Fair Use.

Click on the link below to see what is allowed under Fair Use:  om/watch?v=rzlry1c 76nc&feature=relate d om/watch?v=rzlry1c 76nc&feature=relate d

Who qualifies for exceptions to copyright law(Fair Use)?  Those who are using the material for the basis of:  Criticism  Teaching  Reporting  Commentary  Scholarship  Research

Great! So I can use any material I want when I want for teaching!  Not exactly. As educators we have a great amount of freedom with being able to use copyrighted material in our classroom.  But…there are restrictions that we need to be aware of.

Restrictions to Fair Use  There are four restrictions that must be considered when you deal with Fair Use laws:  Purpose and Character of use  Nature of copyright work itself  Amount or percentage of use  Effect of the use on the market value of the material

Click here to view a video that explains the restrictions to Fair Use. Note: Unfortunately, the websites listed in the video are no longer active but the information given is still valid and accurate.

So…let’s review… Purpose and Character of use Are you using it for profit? If the answer is yes to this question, you cannot use the material under Fair Use Laws. Are you using it to promote a service? Are you using it for entertainment or reward? If the answer to this question is yes, you can use the material under Fair Use Laws. Are you using it for educational purposes? Are you using it to teach content?

So…let’s review… Nature of Copyrighted work Is the material normally something that students would have to purchase? If the answer is yes to this question, you cannot use the material under Fair Use Laws. Is the material a consumable like a workbook? Does material require a subscription for use? If the answer to this question is yes, you can use the material under Fair Use Laws. Is the material readily available? Is the material intended for commercial use?

So…let’s review… Amount of percentage used Does the amount used effect the the resale value of the material? In other words, does the amount of material you used effect the copyright holder negatively? If the answer is yes to this question, you cannot use the material under Fair Use Laws. If the answer to this question is yes, you can use the material under Fair Use Laws. Does the amount used meet the requirements agreed to by copyright holders? (see regulations chart )

So…let’s review… Effect of the use on the market value Will using the material make the copyright holder lose profit? If the answer is yes to this question, you cannot use the material under Fair Use Laws. Will using the material effect the retail distribution of the material? Example, if you scan material and place it on a server, the material is not being individually purchased. If the answer to this question is yes, you can use the material under Fair Use Laws. Is the material intended for commercial use?

Copyright resource chart  Click on the link to access a resource chart that will give you more specifics about what you can do under the Fair Use Laws.  son.net/copyrightTE ACH.pdf son.net/copyrightTE ACH.pdf Reprint, copy, and distribute the chart as needed!

Using web 2.0 technologies and Fair use.  As you can see, fair use laws were primarily designed to help teachers with their instruction within a wall to wall regular classroom setting.  But…the rules change when it comes to using material from the Internet.

The problem with using the Internet and web 2.0 technology  Under the law, the Internet is not an instructional environment. So, there are some restrictions you need to be aware of when using Internet resources for instruction.

What you can do…. Can you download material from a site and use it in your classroom? (face to face instruction) Yes! The material has to be legally acquired, has to be used for instruction and you must include citations as to where you downloaded the material. Can you use websites for instruction?(physical and online class) Yes! You can use websites, project websites, and link to websites as part of your instruction.

What you can’t do… You’ve downloaded materials and now you want to upload the materials to your website. Can you do it? Generally, no. In essence, when you re-post it, you are claiming ownership. So, if you re-post items, you have to have permission from the copyright holder to post if you are posting on the open web. The permission could also be given on the holder’s website.

But what about distance learning or online programs?  The TEACH act of 2002(Technology Education and Copyright Harmonization act), expanded the rights of teachers to use copyrighted materials for distance education. Students can access the materials from home.

Restrictions to the TEACH Act:  Your school has to be an accredited, non-profit school.  Material has to be legally acquired.  Material must only be accessible to students in the class(password protected.)  Material has to be for mediated instruction like materials you would use for a classroom.(can’t be extra credit)  Material cannot be on the web indefinitely.

Restrictions cont.  Material used must not be material that a student would normally purchase. Ex. You can’t scan and upload a text book so that students don’t have to buy the textbook.  Your educational institution has to have a copyright policy in place in order to qualify for the Fair use exceptions for distance education.

References  Davidson, H. (Producer). (2008). Copyright for educators - fair use episode 3 part 2 [Web]. Retrieved fDtYUdpCU  Davidson, H(Producer). (2008) Copyright for educators-Internet and web episode 4 part 1 [Web]. Retrieved hGe7u4g

References cont.  Davidson, H(Producer). (2008) Copyright for educators-Internet and web episode 4 part 2 [Web]. Retrieved Hc18Li9EU  Pottenger,S(Producer). (2008) Copyright 101: for teachers[Web]. Retrieved

Technological advances offer great promise for both teachers and learners, but there are numerous challenges to the implementation of technology in classroom settings.

 Agent  Acts  Results  Stakeholders

 The first factor is to clearly identify the moral agent.  The next factor is the set of alternative courses-of-action available to the agent.  These are the real world acts that will have an effect on the human system under consideration.

 Acts have consequences  The third factor is a delineation of the results that are expected to occur if each act is taken.  A stakeholder is any individual, group, organization, or institution that can affect as well as be affected by an agent’s actions.  It is essential to identify the stakeholders who will be affected by the consequences of the acts.

 One theory seeks to create a good society by having people do the right things.  The second great tradition is the pursuit of happiness. We must assess the consequences of the agent’s actions and determine how many benefits or costs they inflict on stakeholders.

 A third great tradition is the pursuit of virtue. This theory focuses on improving the character or traits of the agent.  Finally, there is the tradition of the pursuit of justice. Justice requires that every stakeholder in the system should enjoy an equal opportunity to develop his or her knowledge, skills and talents, and to reach his or her potentials.

 Before you react, you should ask yourself two questions: ◦ Which other stakeholders should be part of the decision making process because of their knowledge, values, and interest? ◦ Who should be part of the process because of their institutional jobs, responsibilities, or resources they control?

 Important moral decisions should be made as the result of due process.  The processes should be fair and they should follow established procedures.  Decisions should be carried out in a humane, moral way.  All decisions should preserve the dignity of all stakeholders involved.

 AECT: Code of Professional Ethics AECT: Code of Professional Ethics  The code of professional ethics addresses the commitment to the individual, to society, and to the profession.

 The member shall… ◦ protect the individual rights of access to materials of varying points of view. ◦ make reasonable efforts to protect the individual from conditions harmful to health and safety, including harmful conditions caused by technology itself. ◦ seek to avoid content that reinforces or promotes gender, ethnic, racial, or religious stereotypes. Shall seek to encourage the development of programs and media that emphasize the diversity of our society as a multicultural community ◦ refrain from any behavior that would be judged to be discriminatory, harassing, insensitive, or offensive and, thus, is in conflict with valuing and promoting each individual's integrity, rights, and opportunity within a diverse profession and society.

 The member shall… ◦ honestly represent the institution or organization with which that person is affiliated, and shall take adequate precautions to distinguish between personal and institutional or organizational views. ◦ not use institutional or Associational privileges for private gain. ◦ accept no gratuities, gifts, or favors that might impair or appear to impair professional judgment, or offer any favor, service, or thing of value to obtain special advantage. ◦ promote positive and minimize negative environmental impacts of educational technologies.

 The member shall… ◦ accord just and equitable treatment to all members of the profession in terms of professional rights and responsibilities. ◦ strive continually to improve professional knowledge and skill and to make available to patrons and colleagues the benefit of that person's professional attainments. ◦ inform users of the stipulations and interpretations of the copyright law and other laws affecting the profession and encourage compliance. ◦ conduct research using professionally accepted guidelines and procedures, especially as they apply to protecting participants from harm.

 achact.htm achact.htm     Alden, S., (2001). Computer Learning Foundation Emphasizes Responsible Use of Technology. [Online]. Available: htm htm  Mason, Richard. (1995). Applying Ethics to Information Technology Issues. [Online]. Available: Ethics. Ethics  McCarthy, J., Lerch, D., Gilmore, L., Brunsman, S., (1999). Educator’s Guide to Intellectual Property, Copyright, and Plagiarism. [Online]. Available:

The Disproportionate Tale of Technology

 The digital divide refers to the socioeconomic and racial technology gap.  Recent studies show that Caucasian and Asian Americans both have higher rates of internet and computer use than African Americans and Latinos.

 There has been much debate over whether or not recent advancements in technological availability have begun to close the gap.  Upon learning of the divide many school districts rushed to attempt to fix the problem, however without fully understanding it they may have caused more harm than good.

 The problem is not just the divide along the lines of computer availability but also how students are learning to use computers.  Students in lower income schools spend their time on computers using programs that teach them directly while students in higher income schools spend more time with creative software.

 There have been actions taken by both the Federal Government and Private Groups aimed at “deleting” the digital divide including:  Awarding tax credits to businesses who supply schools with computers  The foundation of the Technology Literacy Challenge Fund  Funding community computer centers  Encouraging IT professionals to volunteer their time

 The prices for internet around the world differ greatly as due the internet speeds.  This is displayed in the two slides that follow.

 Access does not just refer to being able to find a computer to use, it also refers to the usability of the computer.  This has led to a movement that is commonly referred to as design for all which is based on the idea of making technologies easily accessible to people of all skill ranges.

Internet World Stats Broadband Penetration (2009). [Graph of international broadband speeds]. Average broadband speeds in mbps. Moore, M. G. & Kearsley, G.(2005). A national policy issue: The digital divide. Distance education: A systems view, Retrieved from b71ef1d2e752/raw OCED & ITIF Broadband Rankings (2009). [Map illustration of internet costs around the world]. Internet speeds and costs around the world: Top 20 nations in ITIF broadband rankings. Retrieved from b71ef1d2e752/raw Valadez, J. R. & Duran, R. (2007). Redefining the digital divide: Beyond access to computers and the internet. The High School Journal,