from workshop on July 27, 2010

1. Copyright and Plagiarism Christine Salmon, PhD Office of Educational Enhancement © Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License - http://creativecommons.org/licenses/by-nc-sa/3.0/

2. Copyright! arghhhh!!! Source: www.cartoonstock.com

3. Objectives Define copyright Identify copyright infringement Evaluate materials for Fair Use Define academic integrity Recognize characteristics of plagiarism Design appropriate assessment methods Identify UT-Dallas policies

4. Copyright and Fair Use Write down everything you know about copyright and fair use. In small groups, compare notes. Come up with a definition of “copyright”.

5. Copyright?

6. Copyright – What is it? Intellectual property protection for “…original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Copyright Law of the United States (Ch 1, p8) http://www.copyright.gov/title17/

7. Copyright – the Law U.S. Code (17 USC, section 106 - 1976) Digital Millennium Copyright Act (1998) Technology, Education, and Copyright Harmonization (TEACH) Act (2002) Comparison of above - http://www.unc.edu/~unclng/TEACH.htm Federal Educational Rights & Privacy Act (FERPA)

8. Copyright, Patent, Trademark Copyright – original works of authorship Patent – inventions or discoveries (not systems or processes) Trademarks - words, phrases, symbols, or designs (identifying the source of the goods or services of one party and distinguishing them from those of others)

9. Copyright – What do you know? Is it infringement? One of your students creates a video play for your class. In the play, a character sings Happy Birthday.

10. Copyright?

11. Copyright holders – exclusive rights to: Reproduction Adaptation Publication Performance Display Copyright – What is it?

12. Copyright – When does it start? Does not require publication Does not require © * Does not require registration As soon as work is fixed * optional on works after March 1, 1989 (see Circular 03 Copyright Notice – LOChttp://www.copyright.gov/circs/circ03.pdf

13. Copyright – How long is it? Created before January 1, 1978 Term 1 = 28 years Term 2 = 28 years (1909 law) Renewal required year 28 of Term 1 Copyright expired if not renewed Public Law 102-307 (June 26, 1992) Renewal automatic Renewal optional

14. Copyright – How long is it? Created before January 1, 1978 1976 Copyright Act – extended Term 2 to 67 yrs Term 1 = 28 years Term 2 = 67 years 95 years

15. Copyright – How long is it? Life of author plus 70 years Created on /after January 1, 1978 Made for hire, anonymous Public domain – no copyright Published before 1923 95 years from date of publication or 120 years from date of creation, whichever is shorter

16. Copyright – What is protected? Literary works Pictorial, graphic and sculptural works Motion pictures Audiovisual works Sound recordings

17. Copyright – What is not protected? Facts Ideas not in fixed form Works produced by federal government employees

19. essay

20. poetry / poem

21. short story

23. theatre piece

24. music video

25. opera

27. Copyright Test your knowledge! 1-5 on the worksheet

29. TeleCourse materials

30. Joint ownership

31. Works for hire

33. Students own copyright in their works

34. Graduate students & dissertation

36. Copyright - Lawsuits “Kinko’s case” Basic Books, Inc. v. Kinko's Graphics Corporation, 758 F. Supp. 1522 (SDNY 1991) Kinko’s had copied materials representing 5 – 24% of works Did not prohibit coursepacks Did prohibit unlawful reproduction and sale of coursepacks – without copyright permissions

37. Copyright - Lawsuits “Georgia State University case” – several publishers (2008) GSU “pervasive, flagrant and ongoing” distribution of copyrighted materials in digital form Electronic reserves, Blackboard/WebCT, online syllabi, servers Seeking injunction to stop, but no money

38. Copyright – Lawsuits almost AAP (American Association of Publishers) – Cornell, Hofstra, Syracuse, Marquette Universities Concern with manner of providing copyrighted materials in digital format (e-reserves, faculty webpages, CMS) Resolved with jointly-drafted guidelines Cornell’s Guidelines

39. Current Cases AIME v. UCLA (2010) Threat to sue over posting entire videos online “Turnitin case” (2008) Use by faculty is fair use – “transformativeness” Google Books (2005) Class action on behalf of authors Publishers and AAUP Online reading only

40. Copyright Test your knowledge! 6-10 on the worksheet

41. Fair Use User Rights, Section 107 Music Video Media Education Lab http://www.youtube.com/watch?v=8tWhKeb-fUQ&feature=related

42. Fair Use – Four Factors Purpose Nature Amount Effect Why are you using this work? What is the nature of the work? How much are you using? What is the effect on the market?

43. Fair Use - Purpose Seek Permission Commercial Education Non-profit Personal Criticism Commentary News reporting Parody / satire CopyrightInfringement Fair Use

44. Fair Use - Nature Seek Permission Creative Unpublished Consumable Factual Published Mix of fact and imaginative CopyrightInfringement Fair Use

45. Fair Use - Amount Seek Permission Significant Entire work Small amount Non-essential CopyrightInfringement Fair Use

46. Fair Use - Effect Seek Permission Harms the sale Are reasonably priced No effect on market CopyrightInfringement Fair Use

47. Copyright – Fair Use Mediated instructional activities: Integral part of class Under supervision/control of instructor In a manner analagous to performance/display in live, F2F classroom

48. Classroom Copying - Guidelines Multiple copies allowed (no more than one per student) provided that copying: Meets test of brevity and spontaneity Meets test of cumulative effect Contains copyright notice Limits on amount copiable Time requirements Limits on instances of copying

50. Under supervision/control of instructor

51. In a manner analagous to performance/ display in live, F2F classroomNext 14 slides drawn from: Stanford University Copyright and Fair Use Overview

52. BUT Copyright notice must be attached (each item) Copying must NOT replace textbook, workbook Must not charge more than actual cost of copying Must not exceed one copy per student Cannot copy texts, workbooks, standardized tests, etc created for educational use (consumables) 1

53. AND (Brevity test) Restrictions: Complete poem IF < 250 words Excerpt of no more than 250 (if longer poem) Complete article, essay, story IF < 2500 words Excerpt from prose of no more than 1000 words or 10% of entire work, whichever is less One (1) graph, diagram, chart, cartoon, drawing, picture per book, newspaper, periodical

54. AND (Spontaneity test) Idea for copying derives from teacher, not administration Idea and copying must occur close in time – so close that no time for permission request and granting

55. Per class term restrictions – all of above, plus Per author One story, short poem, article, essay Two excepts Per collective work, periodical volume No more than three stories, short poems, articles, essays (or combination) Only nine instances per course AND (Cumulative Effect test) 9

56. Copyright Test your knowledge! 11-15 on the worksheet

57. Copyright – Music Reproducing musicfor use inclass: Excerpts of sheet music, printed works IF Do NOT make a “performable unit” (entire song, section, movement, aria) Do NOT exceed 10% of entire work Do NOT exceed one copy per student Purchased copies can be edited IF fundamental character of work NOT distorted or lyrics altered Image from http://levysheetmusic.mse.jhu.edu/levy-browse.html

58. AND Recording of a performance Single (1) recording for purposes of evaluation or rehearsal Institution or teacher can retain a (1) copy Sound recording owned by institution or teacher (tape, CD, cassette) Single copy IF for aural exercises, exams Institution or teacher can retain a (1) copy Must include copyright notice ♫♫

59. BUT Instructor CANNOT copy: Sheet music, recordings to make compilation Sheet music, recordings for performances From “consumables” (texts, workbooks, etc.)

60. Copyright - Television Recording network shows: Keep copy for 45 days BUT use for instruction only first 10 days Played once by individual teacher for instruction After 10 days, use only for teacher evaluation (should we use it in curriculum? Yes – MUST obtain permission) After 45 days, recording MUST be erased

61. AND Recorded only at request of instructor Used only by instructor No standing requests; no anticipated requests Copies only for individual instructor NO compilation Must include copyright notice

62. Copyright – Digital Images Can digitize an analog image IF digital image not available at fair price Can display for lectures, scholarly presentations Institution can compile digitized images on secure network for students enrolled in class for review or directed study. Must include statement prohibiting: downloading, copying, retention, printing, sharing, modification

63. Copyright – Digital CANNOT reproduce or publish images in publications (incl. scholarly publications)

64. Copyright – Multimedia Students, instructors preparing MM works: MM = combination of music, text, graphics, illustrations, photographs, images, video For F2F instruction, directed self-study, remote instruction Only systematic learning activities at no-profit educational institutions Can use MM presentation up to 2 yrs after 1st use ♪

65. Copyright – Multimedia Portion restrictions: 10% or 1000 words (whichever is less) No more than 3 poems by single author No more than 5 poems by different poets in an anthology Up to 10% or 3 minutes of motion media One (1) photo/illustration by single artist No more than 10% or 15 images (whichever is less) from collective work

66. Copyright – Multimedia Portion restrictions: 10% or 2,500 cell entries from database or data table Other restrictions: Only 2 copies of MM project, one of which can be on reserve Additional 1 copy for preservation (used only to replace stolen, lost, damaged original)

67. Copyright – Multimedia Remixes, mashups, tributes, etc.? Fair Use and Online Video (Center for Social Media) http://centerforsocialmedia.org/resources/online_video/ Code of Best Practices in Fair Use for Online Video Fair Use Frequently Asked Questions The Good, The Bad and the Confusing: User-Generated Video Creators on Copyright

68. Copyright – Video Digitizing VHS tapes - Library exemption Lost, damaged, deteriorating, obsolete format IF Unable to get unused copy Unable to buy @ reasonable cost Reasonable search conducted

69. Copyright – Video Digitizing VHS tapes - Library exemption Lost, damaged, deteriorating, obsolete format 3 digital copies Copies cannot leave library Note: VHS is not obsolete

70. Test Yourself See handout. Work in pairs to determine if the scenarios constitute copyright infringement.

71. Copyright Test your knowledge! 16-20 on the worksheet

72. Creative Commons Four Licenses Attribution Share Alike Non-commercial No Derivative Works http://www.creativecommons.org

73. Your Turn In small groups, create at least 2 scenarios that you can use with your students to teach them about copyright and fair use.

74. Copyright Resources TEACH Act Toolkit(North Carolina State University)http://www.provost.ncsu.edu/copyright/toolkit/ UT System Crash Course in Copyright http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm#top UT System Intellectual Property Policyhttp://www.utsystem.edu/ogc/intellectualproperty/2xii.htm AAP (Association of American Publishers) Copyright - Rights and Permissions http://www.publishers.org/main/Copyright/copyPermission_01.htm?id=20 Reproduction of Copyrighted Works by Educators and Librarians http://www.copyright.gov/circs/circ21.pdf

75. Copyright! arghhhh!!! Source: www.cartoonstock.com

76. Plagiarism

77. Source: www.cartoonstock.com

78. Let’s Talk … What is academic integrity? How you would react to an instance of academic dishonesty?

79. One Definition Academic integrity is a commitment, even in the face of adversity, to five fundamental values: honesty, trust, fairness, respect, and responsibility. From these values flow principles of behavior that enable academic communities to translate ideals to action. Center for Academic Integrity

80. Some quotes Integrity is telling myself the truth. And honesty is telling the truth to other people. -- Spencer Johnson Those who think it is permissible to tell white lies soon grow color--blind. -- Austin O'Malley Integrity -- When you do the right thing even though no one is watching. -- Anon

81. What is Considered Academic Dishonesty? Brainstorm as may specific examples or types of academic dishonesty as you can. 5 minutes! http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-maintainingintegrity.html

82. What is Considered Academic Dishonesty? Cheating Fabrication Plagiarism Facilitating academic dishonesty Misrepresentation Failure to contribute to a collaborative project Sabotage http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-maintainingintegrity.html

83. What Does Academic Dishonesty Look Like? UTD – Examples http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-Basicexamples.html http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-maintainingintegrity.html

84. UTD Definition Plagiarism – deliberate adoption or reproduction of ideas or words or statements of another person as one’s own without acknowledgement (examples: turning in a paper written by another person or buying a paper from a commercial source and failing to properly attribute quotations within a paper) http://www.utdallas.edu/judicialaffairs/UTDJudicialAffairs-maintainingintegrity.html

85. Approaches to Plagiarism Morality issue Crime Skills Honor codes peer pressure Penalties inconsistency in application disregard Education set/model expectations Blum, S. Academic Integrity and Plagiarism: a Question of Education, not Ethics. http://chronicle.com/weekly/v55/i24/24a03501.htm

86. Source: www.cartoonstock.com

87. New Students “…[w]e have the world at our fingertips – and the world has been at our fingertips for our entire lives….[T]his access to information seriously undermines [your] generation’s view of authority, especially traditional scholastic authority.” Wake Up and Smell the New Epistemology, Tim Clydesdale, Chronicle of Higher Education

88. New Students knowledge-able prosumers producers consumers From Knowledgeable to Knowledge-able: Experiments in New Media Literacy Michael Wesch, Kansas State University

89. New Students Remix Generation Net Generation Generation Y Sampling YouTube Google Docs Wikis

90. The Numbers 2008 Report Card on the Ethics of American Youth – Josephson Institute http://charactercounts.org/programs/reportcard/index.html 64% HS students cheated on exams 35% HS students plagiarized 2006 survey of academic honesty in graduate business schools The Chronicle: Daily news: 09/19/2006 56% business students cheated 47% non-business students cheated McCabe 2005 40% students plagiarized (cut ‘n paste) 77% didn’t believe plagiarism was serious offenses

91. Why do students cheat? "The real world is terrible…People will take other people's materials and pass it on as theirs. I'm numb to it already. I'll cheat to get by." "A lot of people think it's like you're not really there to learn anything. You're just learning to learn the system." A Cheating Crisis in America’s Schools http://abcnews.go.com/primetime/story?id=132376&page=1

92. Source: www.cartoonstock.com

93. Why do students cheat? "There's other people getting better grades than me and they're cheating. Why am I not going to cheat? It's kind of almost stupid if you don’t…” "Everything is about the grade that you got in the class. Nobody looks at how you got it.” "You don't want to be a dork and study for eight hours a day. You want to go out and have fun." A Cheating Crisis in America’s Schools http://abcnews.go.com/primetime/story?id=132376&page=1

95. “But their words are better”

96. Making the grade

97. “But everyone else is doing it”

98. Poor planning

99. Citation confusion

100. “I was just copying my notes”

101. “I couldn’t find the source”

102. I thought we didn’t have to quote facts”

103. Confusion about expectationshttp://www.plagiarism.org

104. Plagiarism as Crime Intention doesn’t matter Academic consequences Legal consequences Economic consequences

105. Consequences Can affect your grade “Cheats” you of important skills Destroys equal playing field Affects reputation of school and institution

106. Source: www.cartoonstock.com

107. Penalties UT-Pan American president accused, resigned InsideHigherEd.com, January 29, 2009 Ohio University profs removed for failing to monitor students in plagiarism scandal InsideHigherEd.com, January 9, 2009 Aide to Canadian PM, White House aide admits plagiarizing speech, resigns CNN Wed, October 1, 2008 White House aide admits plagiarism, resigns CNN Fri, February 29, 2008

108. Criminal attitudes Faculty distrust students Students are lazy Students are deceitful Guilty!! before proven innocent!

109. Source: www.cartoonstock.com

110. Plagiarism Prevention as a Skill Our Response - Helping Students Learn Understand why students commit academic dishonesty Discussion and education Design assessments to reduce opportunity Use tools for education

111. Discuss and Educate Discuss what "plagiarism" means Discuss why plagiarism is wrong Make the consequences clear Start off with clear expectations Assign specific questions or topics Require students to submit thesis statements, introductions, outlines, or drafts http://www.plagiarism.org/learning_center/preventing_guidlines.html

112. Educate Students You Quote It! You Note It! – Acadia Universityhttp://library.acadiau.ca/tutorials/plagiarism/ Plagiarism Tutorial – University of South Florida http://www.cte.usf.edu/plagiarism/plag.html Plagiarism Court – You Be the Judge http://www.fairfield.edu/documents/library/plagicourt.swf writeyourowntermpaper.com(parody) – see especially the section on Humor http://www.baruch.cuny.edu/writeyourowntermpaper/

113. Identifying Plagiarism Types of plagiarism – sources not cited The Ghost Writer The Photocopy The Potluck Paper The Poor Disguise The Labor of Laziness The Self Stealer http://www.plagiarism.org/learning_center/types_of_plagiarism.html

114. Identifying Plagiarism Types of plagiarism –cited but plagiarized The Forgotten Footnote The Misinformer The Too Perfect Paraphrase The Resourceful Citer The Perfect Crime http://www.plagiarism.org/learning_center/types_of_plagiarism.html

115. Assessment/Activity Design Source: www.cartoonstock.com

116. Assessment/Activity Design Use low stakes assessments (quizzes in place of or in addition to exams) Use iterative process (do drafts of papers, etc.) Use active learning assessments (problem-based learning; group activities) Use inventive assessment (not just what can be found in a book – apply this concept to a movie, eg.)

117. Designing Assignments Assign specific questions or topics Submit thesis statements, introductions, outlines, or drafts Annotate bibliography Assign oral presentations Require recent and printed sources Reflect on the composition process Encourage concision

118. Electronic Tools Turnitin.com (UTD license)http://www.turnitin.com WriteCheck (Turnitin for Students) http://writecheck.turnitin.com/static/home.html PlagiarismDetect.com (for students -free)http://www.plagiarismdetect.com/ List of plagiarism detection services (incl. for software plagiarism)http://www.lib.umich.edu/acadintegrity/instructors/violations/detection.htm Instruction not punishment

119. Your Turn Create at least 2 scenarios that you can use with your students to teach them about cheating and plagiarism.

120. Consider…. Would you get on a plane if the pilot could work only half the controls? Would you buy a computer if it only had ¼ of the keys? Would you buy a textbook if it ended half-way through – in the middle of a sentence?

121. Resources UTD - Academic Dishonestyhttp://www.utdallas.edu/dishonesty/ Plagiarism.orghttp://www.plagiarism.org Plagiarism Tutorial (cool)http://www.cte.usf.edu/plagiarism/plag.html