ELT 7007 - Activity 11: Compliance with the Fair Use and Copyright Issues (25 Points)
In two separate files, submit the following:
1. Presentation - You have been asked to present the facts and issues of fair use and copyright as they pertain to your organization. Prepare a presentation that essentially covers all that your organization needs to know to be in compliance with copyright, fair use, free use, and use by permission issues. Suggest to your administration, policies and procedures that should be in place for the organization, and training that your organization might need in order to ensure that employees are aware of the laws and the issues. Include other information, as needed. Your presentation may take any format that you wish: PowerPoint, brochure, website, or podcast. If you choose to present your assignment in another format that is not listed here, please consult with your mentor for this course before proceeding.

Be sure to include your name and course identifier in an appropriate location in the file.

2. Reflection - Write a reflective essay that supports and explains your reasoning for selecting these particular elements for your presentation. Support your reasoning for their inclusion. Include, as well, a brief reflection on your experience of designing the presentation, using your selected format. Why did you select this format? What is it about this format that is effective?

Copyright infringement is a serious issue faced by all educational institutions and individuals given the vast amount of protected works shared with the public and in the educational learning environment. It is essential for educational institutions to develop comprehensive copyright policies which cover intellectual property and the appropriate use of protected materials within the educational setting as well as provide appropriate training and resources to ensure students, staff, and faculty are aware of an follow established copyright procedures and processes. Copyright law is found within the United State Constitution and the foundation from which copyright laws in the United States emerged is rooted in the British legal system with the Statute of Anne in 1710 (Bonner, 2006; Wilson, 2005). As noted by Wilson (2005), “the men who wrote our Constitution acted to ensure the production of the works of art and intellect necessary to create and promote culture and learning in our infant nation” (p. 3). Copyright laws encourage and support authors and creators to share their works with the public yet maintain financial rights and publication rights for a specified time period. Bonner (2006) referenced the Constitution and wrote:

the Constitution does not state that the exclusive rights of the creator should be held in perpetuity, and the wording “for limited times” was clearly designed to balance the need for incentives (providing for exclusive ownership and profit by that ownership) and the need for the free and open use of information for the purpose of a thriving democracy (by limiting the author’s right of exclusive ownership to a set period of time). (p. 2)

The statute governing copyright contains what is termed fair use of materials which is defined by Wilson (2005) as “any use that is deemed by the law to be ‘fair’ typically creates some social, cultural, or political benefit that outweighs any resulting harm to the copyright owner” (p. 67). Fair use in education is one area which clearly has a need for the free and open use of information and is afforded additional exceptions to the copyright law in the nonprofit educational sector. Fair use in education does not mean that any use would be considered fair use as all materials used for educational purposes must be properly cited and comply with what is commonly termed the Classroom Guidelines (also known as the CONTU guidelines) and with the “safe harbor guidelines for instructors and students who want to digitize analog images or to create multimedia work for class room use, self-study, or remote instruction” (Waxer & Baum, 2006, p. 57).

In cases where fair use does not apply appropriate permission and licenses need to be acquired prior to using protected works to avoid any claim of copyright infringement. Easy access to information via the Internet and other technology tools opened up the world of copyright infringement as the balance between what is protected and what is open to free use is easily blurred. The issues faced by nonprofit educational institutions vary from free use to use by permission and it is critical that management as well as students, staff, and the faculty be aware of copyright laws, institutional polices, and to be properly trained in order to avoid a copyright lawsuit. The presentation below reviews the key elements of copyright law and provides additional resources and references as a foundation to creating a quality copyright policy.

It is vitally important for educational institutions to establish policies for the protection of intellectual property and to ensure copyright law is adhered to by students, staff, and the faculty. Educational institutions want to avoid a copyright lawsuit at all costs and proper training provided to all campus individuals is critical to ensure the right information has been provided to all concerned parties.

The presentation and notes were developed with the assumption that a basic knowledge of copyright law already existed and that issues associated with the nonprofit educational sector were an already known concept. The literature review and review of issues links listed below provide additional details for viewers who do not already possess the basic concepts associated with copyright law and issues related to the nonprofit educational sector. The self-reflection link accesses a wiki page which supports the elements included in the presentation and the medium by which I chose to convey the copyright information - or the medium by which I have fixed my creative works which also includes referenced materials and cited sources. The examples in action and additional resources listed below provide quality background information to consider as copyright law policies and procedures are developed as well as illustrate other ways to disseminate and convey copyright law information along with practices, policies, processes, and procedures.

Lecture Notes to Accompany the Presentation - the notes provide a summary of the information presented during the presentation along with supporting statements.
Literature Review
Review of Issues Associated with the Educational Non-Profit Sector
Self-Reflection Wiki Page

Examples in Action

Everett Community College: http://www.everettcc.edu/administration/policy/index.cfm?id=3346&linkFrom=Alias

Jackson Community College: http://library.jscc.edu/library-services/faculty-services/copyright-information.html

Maricopa Community College: http://www.maricopa.edu/legal/student/copyright.php

North Carolina State University: http://policies.ncsu.edu/regulation/reg-01-25-2

Southwestern Oregon Community College - for context of the presentation: http://www.socc.edu/library/pgs/policies-guidelines/copyright/index.shtml

Stanford University: http://fairuse.stanford.edu/index.html

University of Minnesota: http://www.lib.umn.edu/copyright/

Wheaton College: http://wheatoncollege.edu/library/library-information/copyright/

Winthrop University: http://www2.winthrop.edu/copyright/default.htm

Additional Copyright Resources


Bielefield, A., & Cheeseman, L. (2007). Technology and copyright law: A guidebook for the library, research, and teaching professions
(2nd ed.). New York, NY: Neal-Schuman Publishers, Inc.

Bonner, K. et al. (Eds.). (2006). The center for intellectual property handbook. New York, NY: Neal-Schuman Publishers, Inc.

Keogh, P. & Crowley, R. (Eds.). (2008). Copyright policies (Clip Note #39). Chicago, IL: American Library Association.

Waxer, B., & Baum, M. (2006). Internet surf and turf revealed: The essential guide to copyright, fair use, and finding media. United States of America: Thomson Course Technology.

Wilson, L. (2005). Fair use, free use and use by permission: How to handle copyrights in all media. New York, NY: Allworth Press.