Fantasy Techs: Keith Davis, Jennifer Greene, Michael Leonard, Jennifer Spann EDET 746 Analysis September 26,

2012 Analysis Copyright and fair use laws have been and continue to be an issue for educators. Dealing with the complexities of copyright, fair use, the TEACH Act, and the concept of open access can confuse even the most experienced educator. (Lyons, p.57) School districts have an increased need to educate their new teachers on the laws of both copyright and fair use. New teachers are defined as those that have been employed for less than five years, and as technology develops in the classroom, so too do the laws governing use of materials. The Internet and World Wide Web have had a tremendous impact on domestic and international mediums of communication and modes of commerce. Yet, while the vision of a global Internet community continues to have a great deal to offer, the fundamental treatment of intellectual property rights in cyberspace is among the most important issues that must be reconciled. (Kopp and Suter, p. 303) In order to create active learning environments for their students, teachers often use content found on the internet; however, many do not know the caveats of the law. Most faculty members in the United States use excerpts from copyrighted materials under the fragile notion of "Fair Use". This works because their content is provided only to enrolled students under controlled conditions such as user authentication. When that same course is meant to be shared openly online, however, "Fair Use" ceases to apply. (Caswell, Henson, Jensen, and Wiley, p.8) In order to meet the demands of professional development and assist its staff, Alice Drive Middle School in Sumter, SC has requested the creation of a course on the application of the laws pertinent to teachers concerning copyright and fair use. This course will cover the basics of the law, how to interpret it, and how to successfully create content across multiple areas that does not infringe on any others rights. New teachers come to their new profession with great ideas; but, due to a lack of understanding of the copyright laws and what defines fair use or infringement, they hesitate in being creative in their lessons. These new teachers, or those that have taught less than five years will need to learn the following from this training session: When fair use crosses into copyright infringement. What circumstances support fair use. How understanding copyright laws will eliminate the fear of inadvertent copyright infringement when using various media in support of their lessons. The following are the goals of this training:

Understanding of Copyright When can you copy Ability to apply Fair Use Law When to obtain permission of the copyright holder License Upon successful completion of the training session, the new teachers will learn the following: Distinguish the difference between copyright infringements and Fair Use application. Be able to give examples of Fair Use in their lesson planning. Given different scenarios, the participant will be able to identify if the circumstance is either copyright infringement or fair use. Alice Drive Middle School has a very comfortable computer lab that is made up of 29 computers with fully functioning Internet access. The lab has a Promethean board that the instructor can use to facilitate instruction. The lab is also equipped with an educational software that allows participants to have the contents of the Promethean Board displayed directly on their screen for easy viewing. The constraint of the project is scheduling time for the participants that meets the needs of all involved and the time limits the design team experiences to work on the project. The effectiveness of the training materials and the students competency to make good judgments about the use of copyrighted materials will be evaluated in four ways. First, scenario based examples will require the students to evaluate specific cases and determine if copyrighted material can be used based on the three factors which allow it. This includes approval of copyright holder, possession of a use license, and application of the fair use doctrine. The scenarios will cover six primary scenarios that could arise including sufficient and insufficient permission for use by the copyright holder, possessing a valid and invalid use license, and covered and not covered by the fair use doctrine. Next will be an evaluation which covers the four factors that make up a fair use determination. These include purpose, nature, amount and market. Students will be provided with a list of statements, they will be asked first to associate it with the correct fair use factor. Next they will state with the statement implies that fair use likely applies or does not apply. Then a fair use checklist will be provided with an example fair use request and the student will fill out the appropriate information in the fair use checklist and make a determination as to whether the use of the copyrighted materials is covered under fair use.

Finally students will be asked to respond to the prompt Give an example of where your students could apply fair use in the creation of a multi-media project for your class.

References Caswell, C., Henson, S., Jensen, M., and Wiley, D. (2008) Open educational resources: enabling universal education. International Review of Research in Open and Distance Learning, 9(1), 1-11. Retrieved from http://goldrush.coalliance.org/index.cfm?inst_code=122_USC Kopp, S. and Suter,T. (1998). Developments in copyright policy and network technologies: the first generation. Journal of Public Policy & Marketing, 17(2), 303-312. Retrieved from http://goldrush.coalliance.org/index.cfm?inst_code=122_USC Lyons, M. (2010). Open access is almost here: navigating through copyright, fair use, and the TEACH act. The Journal of Continuing Education in Nursing, 41(2), 5764. Retrieved from http://goldrush.coalliance.org/index.cfm?inst_code=122_USC