Section
1: District Policies
Section
2: Copyright and
Intellectual Property Issues
Section
3: Funding
Resources
Section 1:
Lake Park High School has two computer policies:
District
Acceptable Use Policy
Section 2:
Copyright and Intellectual Property Issues
Q. Is there a different body of copyright law that applies to the Internet?
A. At this time, the same general rules
apply. However, the unique nature of the Internet can complicate the
application of existing law because of the difficulty in comparing the Internet
to other communications technology.
Q.I just visited a Web site that has some awesome graphics I'd like
to use. There is no copyright notice (for example, © 1999 Student Press Law
Center) on the page. Are the graphics free for the taking?
A. Not necessarily. A Web site, just like any other original work, is copyrighted the moment it is created. In most though not all cases (see below), you must attempt to contact the owner and seek his or her permission prior to any use. Many times a site will have an e-mail address where you can send inquiries or comments regarding the Web site. You can also sometimes track down a site owner by utilizing the "Whois" search command. You can conduct a free "Whois" search of the database of registered domain names at the InterNIC Web site (www.internic.net).
Q. I've just received the okay from a Web site owner to use photos she has posted on her site. Is this enough?
A. Generally yes. There is no formal protocol for getting permission. However, you must be certain that the person giving the permission is actually the copyright owner, and not just another copyright infringer. The ease with which material is transferred over the Web can make tracking down an owner very difficult, so you should be especially cautious.
Q. Our newspaper subscribes to a wire service. Is it okay to post wire stories to our online paper as well?
A. If a student paper qualifies as a regular subscriber, it is probably entitled to use wire stories in its online edition as well. The Associated Press (AP), for example, does not charge an extra fee for such use, but does issue copyright stipulations based on the membership status of the applicant, according to Hank Ackerman, general executive for AP. Again, however, it is worth taking a moment to check your service agreement.
Q. We are tired of the school censoring our online newspaper. Can we move the paper to an outside Internet Service Provider so that the school will no longer have the ability to control its contents?
A. For more information about the censorship problem, see "Cyber Law," Fall 1998 SPLC Report, p. 24. This question, however, also raises some interesting copyright questions. The school could own the copyright and trademark to the paper as a whole and it might be able to claim the name of the paper and perhaps the "look" of the paper, if it is distinctive. In such cases, you could not move past issues of the paper in their entirety to an outside Internet Service Provider without school permission. Nor could you use the name of the paper, for example. However, the copyright to individual articles and other editorial content appearing in back issues is a different matter. Absent an agreement to the contrary, unless students were compensated for their work and otherwise considered formal school "employees," the copyrights are probably held by the individual students. In such cases, if students wanted to post their own articles on a non-school sponsored Web site, they would be free to do so.
Q. What does copyright protect?
A. Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, section What Works Are Protected.
Q. Do you have a list of songs or movies in the public domain?
A. No, we neither compile nor maintain such a list. A search of our records, however, may reveal whether a particular work has fallen into the public domain. We will conduct a search of our records by the title of a work, an author's name, or a claimant's name. The search fee is $65 per hour. You may also search the records in person without paying a fee.
Q. Do I have to register with your office to be protected?
A. No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, section Copyright Registration.
Q. Why should I register my work if copyright protection is automatic?
A. Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, section Copyright Registration and Circular 38b on non-U.S. works.
Q. How long does copyright last?
A. The Sonny Bono Copyright Term Extension Act, signed into law on October 27, 1998, amends the provisions concerning duration of copyright protection. Effective immediately, the terms of copyright are generally extended for an additional 20 years. Specific provisions are as follows:
For works created after January 1, 1978, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author’s death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first;
For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years, but in no case will expire earlier than December 31, 2002. If the work is published before December 31, 2002, the term will not expire before December 31, 2047;
For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date that copyright was originally secured. For further information see Circular 15a.
Q. How much of someone else's work can I use without getting permission?
A. Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentages of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See Circular 21 and FL 102.
Q. Could I be sued for using somebody else's work? How about quotes or samples?
A. If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.
A nice definition of plagiarism from Swarthmore College.
Links to site where students can find papers to plagiarize.
Plagiarism.org offers a service to see if a paper has been plagiarized. There is a fee, but there is also a free trail.
Where to get money:
Technology
Literacy Challenge sponsored by the ISBE
Other grants
available for technology improvements are listed on the ISBE homepage.
Museum in the Classroom grant this grant match
schools and museums together so they can work and learn from each other.
How to spend it:
Aside from buying software and hardware,
consider attending conferences to learn more about technology. Here are some to
consider:
Technology
and Learning Conference, sponsored by the National School Board
Association.
National
Education Computing Conference, sponsored by National Education Computing
Association
Illinois
Computing Educators Conference
The Dupage Regional Office
of Education always has conferences listed on their web page.
Moveable Feast,
sponsored by the University of Illinois and Microsoft