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Christie Edwards Durden

Copyright Policy Critique


FRIT 8530 Fall 2009

Advances in computer technology have given us the ability to do things that we could not
do twenty or even ten years ago. With these advances in technology, there are new
responsibilities with regard to copyright law. “It is important that we uphold copyright laws
in our professional and private lives, and that we instill this respect and appreciation for
intellectual property and copyright into our students” (Forcier, 2008). Because these laws
are always changing, it is an individual teacher’s responsibility to make certain that they
uphold these laws. Although it is an individual’s responsibility to uphold these laws,
resources and information should be provided by the district of employment.
After exploring the many resources available on the web, I was surprised by the lack of
information available within my own district’s policy. At best the policy was vague and
skimpy. There was no information whatsoever about actual copyright law or fair use
guidelines written within the policy. There was a handout with some information attached to
the policy, but it was not part of the policy itself. In addition, the policy stated that “one
individual at the district level and one individual at each school” would be responsible for
distributing current copyright information to all school employees. Who are these
individuals? Will they change each year? What if I don’t receive this information? Who
should I contact with question? Are there any resources to refer to outside of what is written
in the policy? In my opinion this policy could be greatly improved by making it more
comprehensive.
Although the copyright policy is embedded within the employee handbook and there is
mention of it within the county’s acceptable use policy, it is still missing basic information.
For example, why does the district need a copyright policy? The purpose of the policy should
be clearly defined. The purpose should include the need to comply with copyright law by
following standard guidelines and procedures so as to avoid the risk of copyright
infringement. The policy should also mention to whom the policy applies to. Does it apply to
just teachers? Does it apply to teachers and students? It should also identify campus and
district level persons responsible for copyright issues. It should explain in detail the roles and
responsibilities of these individuals, and give basic contact information for these individuals.
In addition, the policy itself should contain at least some basic information about
copyright law and contact information to obtain updated US copyright law. It would also be
helpful to include within this part of the policy a general listing of items that are permitted or
not permitted under current copyright law. Jefferson County Schools in Colorado have a
comprehensive listing of this nature available on the web for their employees and students. It
is available at http://jeffcoweb.jeffco.k12.co.us/isu/library/copyright.html . The information
contained within this website is a comprehensive list of materials that teachers would
typically use within a classroom setting and how these materials can and cannot be used
under current copyright law. It might also be helpful to district employs to include within this
section of the policy a general listing of frequently asked questions such as those provided by
Wellesley College at http://www.wellesley.edu/library/copyright.html . This website
describes copyright law. Then it gives commonly asked questions that pertain to particular
laws. For example, the website contains a section that describes copyright law as it applies to
using copyrighted videos and then it lists common questions associated with this topic. One
of the questions listed is, “May I purchase or rent a film from the local video store and use it
Christie Edwards Durden
Copyright Policy Critique
FRIT 8530 Fall 2009
in my class?” The answer is yes. A section like this would be extremely helpful to all district
employees.
It would also be a great idea to include a professional development component to our
copyright policy. Laws and the way that they are interpreted change frequently. I think that it
would be best practice to make employees aware of these laws and any changes on an annual
basis. Yes, I know each individual has a personal responsibility to know the law as it applies
to copyright and fair use, but school districts should provide their employees with resources
and training. Not only does it help the employee by providing up to date information but it
also ensures a certain level of anonymity to the district. What if a copyright lawsuit was
brought against a teacher in the district? Would not the district be held accountable also?
When a district provides training and education in copyright law, more responsibility is
placed on the employee. This training could be accomplished by having district employees
complete a web quest similar to the one found on the Boise State University website at
http://edtech.boisestate.edu/elearn/internet/copyright/copyrightwq.htm . This web quest is a
collaborative effort in which participants assume various roles to answer basic copyright
questions.
In addition, the policy needs to have a description of how employees can use copyrighted
material. This section of the policy would need to include guidelines for employees to use to
determine whether or not resources could be used under fair use. If it cannot be used under
fair use guidelines, then the employee should have access to directions on how they could go
about getting permission to use the copyrighted material.
The last section of the policy should discuss the consequences for not complying with
copyright law. Although our policy does include a sentence that states “willful disregard for
the copyright laws and Fair Use Guidelines may result in disciplinary action,” I think that it
should be stronger than that. You can’t just tell people that they are going to face disciplinary
action. If the purpose of the policy is to enforce the district’s goals and standards, it should be
more fully developed. What are the consequences? How do you report copyright
infringement? Who do you make reports to? What steps will be taken when reports are
made? This section could also include a description of how the district will make sure that all
employees are compliant with copyright law. It may discuss the need for random audits, rules
for posting material on school websites, and rules for student work such as those described an
the Delia School of Canada website at www.delia.edu.hk/DSCE/copyright.htm .
Christie Edwards Durden
Copyright Policy Critique
FRIT 8530 Fall 2009
References:

American Association of Law Libraries. (2009). AALL model law firm copyright policy.
Retrieved September 18, 2009, from The American Association of Law Libraries
Website: http://www.aallnet.org/about/model_law.asp

Copyright Clearance Center. (2005). Copyright compliance: compliance policy. Retrieved


September 19, 2009, from The Campus Guide to Copyright Compliance Website:
http://www.copyright.com/Services/copyrightoncampus/compliance/policy_list.html

Delia School of Canada. (2009). Copyright Policy. Retrieved September 18, 2009, from
Delia School of Canada Website: www.delia.edu.hk/DSCE/copyright.htm

Forcier, R.C., Descy, D.E. (2008). The computer as an educational tool: Productivity and
problem solving. Columbus, Ohio: Pearson Education.

Jefferson County Public Schools. (2009). Copyright guidelines. Retrieved September 16,
2009, from Jefferson County Public Schools Website:
http://jeffcoweb.jeffco.k12.co.us/isu/library/copyright.html

Rice, K. (2003). The internet as an educational tool. Retrieved September 18, 2009, from
Boise State University Website:
http://edtech.boisestate.edu/elearn/internet/copyright/copyrightwq.htm

Wellesley College. (2001). Copyright Policy. Retrieved September 16, 2009, from Wellesley
College Website: http://www.wellesley.edu/library/copyright.html

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