Chapter 10

10-2aFair Use
 It's important to understand whether material falls under the limitations
of fair use, is in the public domain, or requires licensing, permission, or
payment for use.
he following four criteria help us determine whether material
falls within fair use:

1. the purpose and character of the use, including whether such

use is of a commercial nature or is for nonprofit educational
purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
4. the effect of the use upon the potential market for, or value of,
the copyrighted work.
 While not a strict rule, several guidelines for educators suggest you follow
a “10% rule,” perhaps because of the prevalence of this amount repeated
in copyright guidelines from the U.S. Copyright Office (2009) To stay
within the guidelines for amount of work, do not use more than
 10 percent or three minutes of a video, whichever is less;
 10 percent or 1,000 words of text, whichever is less;
 10 percent or 30 seconds of a musical work;
 5 images from an artist or photographer;
 10 percent or 15 images from a collection, whichever is less; or
 2 copies of a multimedia project.

10-2bPublic Domain
 Determining when a copyright has expired has gotten more
difficult with the passing of the Digital Millennium Copyright Act of
1998 (Pub. L. No. 105–304).
 Determining when a copyright has expired has gotten more
difficult with the passing of the Digital Millennium Copyright Act of
1998 (Pub. L. No. 105–304).
  Teachers also should be careful with modern interpretations of
materials that were originally published prior to 1923.

10-2cCreative Commons Licensing

 Content creators who incorporate Creative Commons licensing
when developing intellectual property can designate how you can
use their work.
 They can allow or limit your use to copy, edit, remix, build upon,
or distribute all or parts of their work.
 The licenses generally tell you whether you should credit
(attribute) the property owner, whether you can use it for
commercial or non-commercial settings, and whether you can
make derivatives of the original work

10-3aPlagiarism

 The first line of protection against the inappropriate use of

other people's work is to help students understand how to
correctly use and cite source material.
 Many students who know how to copy and paste on a personal
computer may feel pressured to do so inappropriately when
faced with the pressure of meeting an approaching deadline or
getting a good grade.

10-3bCheating

 With pressures to succeed academically from parents, peers,

teachers, and society in general, many students may feel
compelled to achieve success through dishonest means.
 Much like preventing plagiarism, perhaps the best method for
preventing cheating is to design assessments that encourage
higher-order and critical thinking

10-3cProtecting Confidential Data

 The Family Educational Rights and Privacy Act (FERPA, Pub. L. No.
93–380) requires student records to be kept confidential and
places strict guidelines on who can have access to those records.
  Generally, schools must have written permission from the parent
or eligible student in order to release any information from a
student's education record. However certain agencies, such as
other schools, the courts, accrediting agencies, and some officials
working in services related to health, safety, and justice systems,
may have access to student records without that permission.

10-3dPassword Security
 teachers and students alike may have identification cards with
pictures and magnetic strips, as well as accounts with passwords
for e-mail, access to student information systems, and favorite
websites and online resources
 Some schools may even use biometric devices, such as those that
scan fingerprints, to identify students getting on buses, receiving
school meals, or logging on to a school computer

10-4aInternet Safety
 Several federal laws have significant impact on schools and how
you, as a teacher, might use the Internet in your classroom.
 The Electronic Communications Privacy Act (ECPA, Pub. L. No. 99–
558) was enacted in 1986 and addresses security and
confidentiality issues of electronically disseminated
communications. In 1998, Congress passed the Children's Online
Privacy Protection Act (COPPA, Pub. L. No. 105–277) to help
safeguard children as they use the Internet.
 websites that target children under age 13 must follow specific
guidelines regarding the collection of personal information. Not
only must they limit the kinds of information they collect, but they
also must post notice about that information and how it is used. If
your school or district website collects or stores student
information from children under 13, it too must comply with
COPPA.