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Copyright and Fair Use

Questions regarding the fair use of copyrighted materials - both print and multimedia - are sure to arise when using technology for teaching. While there are established guidelines for fair use, they are not precise and the constant introduction of new technologies makes fair use standards problematic at times.

Below are links to a collection of government, university, and association sites that can help clarify copyright issues and protections. These should be helpful for teachers and students who are concerned about copyright issues, or for schools developing copyright policies for use in their technology programs.

 

Teaching Copyright - Electronic Frontier Foundation Grades 6 to 12

In five lessons, students review what they know about plagiarism and copyright and update it to include aspects of copying in the digital age. In addition to the history of copyright (with application to proper documentation and annotation), students learn about concepts such as fair use, free speech, peer-to-peer file sharing, and the public domain. The most in-depth portions are definitions and history of copyright, the concepts of fair use and stakeholders, and finally, contemporary explanations of the interpretation of copyright today including material on the internet. The lessons include Notes for the Educator, Assessment, Extension Ideas, Objectives, and many other possible resources. Each lesson varies slightly in the additions.
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In the Classroom:
Use when teaching essay writing and how to cite sources. Plan a unit on plagiarism using the resources on this site or incorporate them into your existing research units. Introduce this site on your interactive whiteboard or projector. Then have students do the activities on this site independently or in small groups. The culminating activity here is a trial; plan to use this with the entire class with each member having a distinct role. Why not video record the trial? Share the video using a resource such as Teachers.TV reviewed here.

Copyright Alliance Foundation - Copyright Alliance Grades 0 to 12

Confused about copyright issues? Use this site to understand the rules and how they apply to the classroom. Download the Educators' Workshop to assist school leaders in learning about copyright or the Educators' Guide for use by all teachers regardless of subject or grade level. View videos about copyright in the classroom. Don’t miss the Library of Classroom Curricula, there are lessons for grades K-2, 3-5, 6-8, and 9-12. Subjects include social studies, language arts, fine arts, math, science, technology, computers, research skills, and parent information! This site requires Adobe Acrobat and Flash. Get both from the TeachersFirst Toolbox page.
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In the Classroom:
This site is a must-see for your own understanding of these challenging concepts. Share the interactives on your projector or interactive whiteboard. Divide middle and high students into cooperative learning groups to explore the site. Identify what is considered fair use and teach students what is considered acceptable use in the classroom before assigning, creating, or posting student projects. Use the free curricula on this site to teach your students about copyright and fair use beginning at a young age. Share this link on your class website or blog for students (and parents) to access at home.

Tales from the Public Domain: Bound By Law - Center for the Study of the Public Domain (Duke Law) Grades 9 to 12

An online, interactive graphic novel(formerly known as comic book) created at Duke Law explains the highly-sophisticated concepts of "public domain" and other intellectual property issues related to using film clips, artwork, Broadway shows, and more in a documentary. In the digital world of the 21st century, copyright is a concept most foreign to our students, and this interactive book may only fan the flames of their outrage at such limitations to the "rights" they perceive in today's connected world. As one panel in the book itself says, "To many artists, the question of 'Fair Use' can seem like a game of blind man's bluff." These concepts are very challenging, even to adults, but this interactive comic book can at least alert users to what some of the legal issues involved with intellectual property may be. This site requires Flash. You can get it from the TeachersFirst Toolbox page.
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In the Classroom:
Since this content requires concentration and understanding of concepts beyond the typical high schooler, you may want to share selected frames from the book on your interactive whiteboard or projector as discussion starters or inspiration for debate on copyright issues. Whether you are introducing a research project that requires adherence to Fair Use and proper documentation, are coaching a debate team, or prompting a piece of persuasive writing on this hot topic, this resource will provide fodder for discussion. Don't expect mastery of the legal concept, but you will certainly hear opinions as students navigate this "book."

Plagiarism Court - Fairfield University Grades 9 to 12

Fairfield University’s introduction to “avoiding plagiarism” will also prove useful to secondary students who may be doing their first research involving documentation of sources. This resource is particularly useful in that it stresses the various “shades” of source notation and the requirements for each. Add this one to your collection of term paper writing aids. This site requires Flash. You can get it from the TeachersFirst Toolbox page.
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In the Classroom:
Share this site with your students on an interactive whiteboard or projector.

The Copyright Website - Grades 0 to 12

This site offers the cleanest explanations we've seen of the various issues involved in copyright, fair use, and related copyright issues for multimedia and the web. While no site can offer definitive legal advice for your specific situation, the content on these pages should be helpful to both classroom teachers and technology specialists.
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In the Classroom:
The section on Fair Use is the most important to share with your students.

Every Stock Photo - everystockphoto.com Grades 0 to 12

Find images to use in your classroom multimedia productions, on your web page, or on bulletin boards without violating copyright. Help your students find images to include in their own products. This site is a tool to search the web for photos with "Creative Commons" rights. This means that many are free and ask only that you let the photographer know where you are usng the photo. Some are NOT free. Note: YOU MUST read the rights and permissions information that accompanies each image, since the photographer sets his/her own requirements. The intent of the site is to share photos in an open, easily-searchable environment, but in accordance with these requirements. Help your students learn about copyright by SHOWING them the rights sections and modeling compliance. The search tool is easy to use.
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In the Classroom:
Use photos from this site in your PowerPoint shows, web page, blog, etc, but be sure to stop and mention where you found them and the thinking/reading you did to be sure you were in compliance with the rights granted. If you suggest the site for student use, model this process on a projector or interactive whiteboard. Then hold students accountable for demonstrating that they have done the same (make it a part of your project rubric). These concepts of copyright are challenging for young students (below about grade 4. You may want to "collect" some photos for their use and save them locally for them to choose from until they are ready to understand the more difficult rights issues.

Podcasting Legal Guide - Creative Commons Grades 6 to 12

Just because you can record a person's voice doesn't mean you can publish it on the web. Here's a site that outlines the basics of U.S. laws regarding copyright and publicity as they relate to user-created podcasts. You'll learn about which things are OK, which require permission, and other pointers to consider when creating podcasts for school or educational uses.
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In the Classroom:
If your class is set to "publish" their recorded exploits, working through this site with them would be a great introduction to the "rules of the road" for journalists in general.

Fair Use - University of Minnesota Grades 1 to 12

Understanding and applying the Doctrine of Fair Use is vital for teachers and students at all levels. This site clearly explains important exemptions that limit the exclusive rights of copyright holders and provides analysis of the four factors of Fair Use. Other features include an interactive tool to help students and teachers determine whether the use of a copyrighted work is a "fair use," a downloadable worksheet, and classroom guidelines.
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Copyright Terms and the Public Domain - Cornell University Grades 1 to 12

Knowing the specific rules about copyright terms can be a definite benefit when copying or scanning. This easy-to-read chart outlines the point at which published or unpublished materials enter the public domain. It may be more information than you care to know about the public domain, but it will keep you legal!
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Copyright Primer - University of Maryland Grades 1 to 12

Test your working knowledge of copyright laws with this interactive tutorial that addresses the underlying principles behind copyright laws in the U.S., outlines requirements for copyright protection, and discusses parameters for use of copyrighted materials. As the tutorial progresses, visitors are presented with quizzes in the form of scenarios requiring a decision. It's entertaining, enlightening, and extremely helpful in clarifying copyright issues. You may even want to share this resource with your high school students before sending them off to college.
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Copyright with Cyberbee - Cyberbee Grades 2 to 12

This highly interactive explanation of copyright laws helps students recognize and understand their responsibility in citing sources. Use as an introduction or refresher before assigning research projects. The site also contains teacher resources and tips on explaining copyright issues.
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Art Rights – and Wrongs - Thinkquest Grades 4 to 8

Try this student-created site on copyright and use of artwork in school and web projects as a great way to introduce elementary students to the basics of copyright an intellectual property. Teaching these habits early on is a great way to ensure compliance later on.
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Copyright Kids - Grades 3 to 6

Copyright Kids is a copyright primer created expressly for students. It provides a structured introduction to various aspects of copyright and their implications for students, especially those using the web for research projects. This one could be a great classroom reference or an integral element of a unit on copyright issues.
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Copyright and Distance Education - NC State University Grades 1 to 12

Teachers involved in distance education projects will find this introduction to the freedoms embodied in the TEACH act a useful tool. This act governs the copyright rule for the transmission of images and other materials as part of an accredited distance education course. These rules are generally more generous than “fair use” but still impose some limits. If your school creates distance education content, this one is a must.
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Copyright Bay - Grades 0 to 12

Here's a whimsical look at copyright that may be useful for those who need an entire tutorial on the topic. If you're looking for quick answers to specific questions, there are better sites than this, but it works well for a general overview.
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Copyright Resources on the WWW - Kay Vandergrift Grades 1 to 12

This is a well-organized, comparatively easy-to-use description of what is and is not considered fair use of multimedia materials in classroom presentations, student assignments, and similar activities. It links to a considerably longer document that establishes a number of principles that can be applied to just about any multimedia project or activity. While copyright is never a completely "black and white" issue, this resource adds considerable clarity.
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Copyright and Fair Use - TeachersFirst Grades 1 to 12

This is a collection of resources to help teachers and computer users understand the application of copyright and fair use laws to their work.
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In the Classroom:
Try these resources if you're unsure about how copyrighted materials can be used in the classroom.

Napster and Copyright - CNN Grades 6 to 12

The Napster court case provides a great entreé to the issue of copyright and why students should understand it. This CNN special report highlights some of the copyright issues in the case.
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Copyright Resources - Stanford University Grades 1 to 12

This is the Stanford University Library's site for copyright and fair use information. It provides detailed information on copyright restrictions and the use of copyrighted material for educational use. It also contains links to legal resources and other information dealing with the use of copyrighted material in education and teaching.
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In the Classroom:
Be sure to share this site with your teaching colleagues and/or school librarians.

Acceptable Internet Use Policies Collection - Virginia Department of Education Grades 7 to 12

The Virginia Department of Education has created a very usable collection of acceptable internet and technology use policies from schools, colleges, and universities. These are presented along with some general guidelines as to the information that an AUP should contain. Great resource for schools and districts that want to be clear with students, faculty and staff about on-line rights and responsibilities.
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In the Classroom:
Share this link with your teaching colleagues who use the internet and technology regularly in the classroom.

The Copyright Website - Grades 1 to 12

This site offers the cleanest explanations we've seen of the various issues involved in copyright, fair use, and related copyright issues for multimedia and the web. While no site can offer definitive legal advice for your specific situation, the content on these pages should be helpful to classroom teachers, parents, and technology specialists.
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The Digital Millennium Copyright Act - Grades 0 to 12

The Educause web site offers this summary of the DMCA, along with an explanation of some of the proposed changes and up-to-date information on the latest exemptions and interpretations. There are also links to a variety of information sources on copyright and digital technologies.
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In the Classroom:
This site is quite sophisticated and not likely to be useful to students below 11th or 12th grade, though all teachers should know wbout copyright and electronic resources. Educase offers these articles for those who have a serious interest in reading the "real stuff" instead of oversimplified interpretations. Not advisable as "light reading."

Fair Use of Copyrighted Works - Grades 1 to 12

tanford University's guidelines on Fair Use, coupled with specific information (see the links at the bottom of their page) for multimedia projects. The site includes links to numerous primary legal sources.
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Intellectual Property in the Information Age - A Classroom Guide to Copyright - Grades 1 to 12

This site from the University of San Francisco offers a review of copyright dos and don'ts for classroom activities. Users will learn what they can and cannot do with copyrighted works, including resources found on the web. Good introduction for those planning a web project or interested in using web materials in their classes.
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Multimedia Fair Use - Grades 1 to 12

Hosted at Penn State, this site offers the text of an agreement among several universities. A number of publishers and producers have endorsed the document's principles.
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U.S. Copyright Office Home Page - Library of Congress Grades 1 to 12

Links to full text of copyright law, Congressional discussions on copyright revision, and numerous PDF files on specific or technical topics related to copyright.
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