Copyright and plagiarism guide by Debra Murphy

Essex Agricultural and Technical High School

A Professional Development Reference Source In Copyright, Plagiarism And Academic Integrity

Presented by Debra A. Murphy, M.A., M.L.I.S.

Table of Contents SECTION ONE COPYRIGHT AND FAIR USE POWERPOINT SUMMARY (dmurphypd3) EDUCATION WORLD SERIES PART ONE Copyright Basics Public Domain EDUCATION WORLD SERIES PART TWO Fair Use Music and Videotape EDUCATION WORLD SERIES PART THREE Web Resources Software EDUCATION WORLD SERIES PART FOUR Multimedia Projects EDUCATION WORLD SERIES PART FIVE District Liability Teaching Responsibility Creative Commons – 7 Things You should Know

3 4 5 6 8 8 11 11 13 16 17 21 21 22 25

PUBLIC DOMAIN CHART 20 QUESTIONS FAIR USE AND COPYRIGHT QUIZ – POWERPOINT (dmurphypd4) ASSIGNMENT ONE RESOURCES COPYRIGHT PERMISSION LETTER

26 32 33

SECTION TWO CHEATING AND PLAGIARISM 3 TYPES OF CHEATERS – POWERPOINT PRESENTATION (dmurphypd5)

Definitions Questions for Discussion Ways Students are Cheating Powerpoint (dmurphypd6) Assignments Resources

35 36 38 39 39 39

SECTION THREE ACADEMIC INTEGRITY Examples

Assignment

APPENDIX

DMURPHY 3, 4, 5, 6

SECTION ONE COPYRIGHT AND FAIR USE Powerpoint – Overview (dmurphypd3) Copyrights and Copying Wrongs Part 1 of an Education World series on copyright and fair use Education World answers the question "What can my students and I freely use in our lessons, presentations, workshops, newsletters, reports, and Web sites, and what is protected by copyright?" Included: A tour of the public domain! Have you ever ... • • • •

incorporated an innovative online graph into a math teaching master? copied a video documentary to show during a classroom history lesson? created a science unit by combining a variety of text and online resources? posted to your school Web site a class picture taken by School Photos Inc.?

If you answered yes to any of those questions, you're probably a terrific teacher! You might also be a copyright scofflaw! However altruistic your motives, the materials used in the above examples are protected by copyright -- and copyright law states that the owner of any tangible creative work has the sole right to reproduce, distribute, perform, display, transmit, or transform that work. Therefore, unless you had the permission of the copyright owner or owners, your use of the materials constituted copyright infringement. "But everybody does it!" you gasp. "I've always done it!" you protest. "No one ever said it was illegal!" you plead. "How can I be guilty of anything?" "People routinely get away with illegal copying in the classroom for the same reason that people get away with speeding on the interstate," said John Adsit, online education coordinator for Jefferson County Schools in Golden, Colorado. "There aren't enough police watching them." "Not long ago," Adsit recalled, "a teacher in our area was happily showing a movie in class, using one of his department's many VHS movie copies. It was a movie he and his colleagues had shown for years, with no second thoughts. How was he to know that one of his students was the daughter of the movie's producer?" "The ensuing lawsuit was most instructive," Adsit added.

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COPYRIGHT BASICS If you prefer to learn from someone else's "instructive" lawsuits rather than your own, you probably need to know a little more about copyright law than you do right now. Start with the basics. Copyright, according to Dictionary.com, is "the legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work." Copyright laws are based on the belief that anyone who creates an original, tangible work deserves to be compensated for that work, that compensation encourages more creative works, and that society as a whole benefits from the creative efforts of its members. Copyright laws, therefore, are designed to protect a creator's right to be compensated and to control how his or her work is used. U.S. copyright law, found in Title 17 of the United States Code, establishes broad criteria for copyright protection. According to the law, copyrightable work must be tangible. A great joke told -- or a great song sung -- isn't protected by copyright until it's written down or recorded. Copyrightable work must also be creative. Facts are not copyrightable -- although a clever collection of facts might be. Ideas are not copyrightable -- although a particular expression of an idea probably is. WHAT IS -- AND ISN'T -- COPYRIGHT PROTECTED? Educators often ask the question "What can my students and I freely use in our lessons, presentations, workshops, newsletters, reports, and Web sites, and what is protected by copyright?" The short answer is that nearly every original, tangible expression is copyrighted immediately upon creation. An author does not have to register the work, announce that the work is copyright protected, or display the copyright symbol to enjoy copyright protection. All he or she must do is create an original work in tangible form. In fact, the list of works that are not copyright protected is surprisingly short. According to the U.S. Copyright Office, that list includes only â&#x20AC;˘

works that have not been fixed in a tangible form of expression.

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• • •

titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents. I ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices -- as distinguished from a description, an explanation, or an illustration. works consisting entirely of information that is common property and contains no original authorship, such as standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources.

ADRIFT IN THE PUBLIC DOMAIN The only other tangible works that are not afforded copyright protection are works in the public domain. Even that body of work is nowhere near as extensive as is commonly believed. In the United States, for example, the public domain includes • • • • •

works published before January 1, 1923. works published between 1923 and 1978 that did not contain a valid copyright notice. works published between 1923 and 1978 for which the copyright was not renewed. works authored by employees of the federal government. works that the copyright owner has freely granted to the public domain.

Because of the duration of copyright protection established in the 1976 revision of the U.S. Copyright Act, no works published after January 1, 1978, will pass into the public domain until at least 2048. Even anonymous works are copyright protected until 95 years after publication! For a quick look at when works published in the United States pass into the public domain, see When Works Pass Into the Public Domain, by Lolly Gasaway, at the University of North Carolina. Most copyright experts recommend this rule of thumb -- when in doubt, assume a work is copyrighted and ask permission to use it. Don't make the common mistake of believing that including quotation marks or a line of attribution satisfies copyright requirements. If you properly quote and/or credit a work's author, experts say, you cannot be accused of plagiarism, but you may still be accused of copyright infringement.

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Editor's Note: The information contained in this article is, to the best of our knowledge, correct and up-to-date. Copyright laws and the circumstances surrounding the use of copyrighted materials can be difficult to interpret, however, and information in this article should not be construed as legal advice. Article by Linda Starr Education World® Copyright © 2004 Education World Is Fair Use a License to Steal? Part 2 of an Education World series on copyright and fair use Many educators interpret fair use as freedom to use copyrighted materials as long as their use is restricted to instructional purposes. Are they correct in that belief? Not exactly! Learn how the law really works. Included: Fair use guidelines for educators! Copyrights and Copying Wrongs, the first part in the Education World series on copyright and fair use, set out a good rule of thumb for using copyrighted material -when in doubt, ask permission. There are, as always, exceptions to the rule. For example, if your use of the materials falls under the fair use doctrine, you don't have to get permission to use copyrighted materials. Be careful, though. The fair use doctrine is not a license to steal! The fair use doctrine was created to allow the use of copyrighted works for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction. Many educators, however, interpret the fair use doctrine as freedom to use any copyrighted materials as long as their use is restricted to instructional purposes. "They are not correct in that belief," said former copyright attorney Nancy Willard, project director at the University of Oregon Center for Advanced Technology in Education. "The fair use doctrine, established in a long line of court cases, provides a limited basis by which people can use a copyrighted work without getting permission from the creator," Willard told Education World. "The essence of the fair use doctrine is that a person is not using the work in such a manner that is, or has the potential of, diverting income from the creator."

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IS IT FAIR USE? "To determine whether a use is fair requires consideration of four factors," Willard added. "The first factor is the purpose of the copying, and copying to support an educational use certainly meets this standard. There are three other factors, though: how much has been copied, what kind of material has been copied, and the potential financial loss to the creator. So, although your heart and intentions may be pure, the other factors must still be considered." Those factors, codified in Section 107 of the Copyright Act, are • • • •

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. the nature of the copyrighted work. the amount and substantiality of the portion used in relation to the copyrighted work as a whole. the effect of the use upon the potential market for or value of the copyrighted work.

When evaluating a particular use of copyrighted materials in relation to those four factors, you should ask yourself the following questions regarding 1.the purpose and character of the use: • •

Does the new work transform the original work or offer something beyond the original? Copyrighted works that are altered significantly are more likely to be considered fair use. Is the use for nonprofit or educational purposes? Copyrighted works used for nonprofit or educational purposes are more likely to be considered fair use.

2.the nature of the copyrighted work: • • •

Is the copyrighted work published or unpublished? Published works are more likely to be considered fair use. Is the original work out of print? Out of print works are more likely to be considered fair use. Is the copyrighted work factual or creative? Factual works are more likely to be considered fair use.

3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole: • •

Is the amount of the original work used reasonable? The smaller the percentage of the work used, the more likely it is to qualify as fair use.

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•

Is the section of the original work used the most important part of the work? The less significant the portion of the work used, the more likely it is to be considered fair use.

4.the effect of the use upon the potential market for or value of the copyrighted work: •

Does the new work appeal to the same audience as the original work? Copyrighted works that are used for another purpose or designed to appeal to a different audience are more likely to be considered fair use.

GUIDELINES FOR EDUCATORS "Over the years, librarians, educators, and publishers have developed voluntary guidelines to address fair use," Willard told Education World. "Although these guidelines are not statutory, they are contained in the legislative history of the Copyright Act." Those guidelines allow educators, under most circumstances, to copy • • • • •

a single chapter from a book an excerpt from a work that combines language and illustrations, such as a children's book, not exceeding two pages or 10 percent of the work, whichever is less a poem of 250 words or less or up to 250 words of a longer poem an article, short story, or essay of 2,500 words or less, or excerpts of up to 1,000 words or 10 percent of a longer work, whichever is less; or a single chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

The guidelines do not allow users to • • • • •

make multiple copies of different works as a substitute for the purchase of books or periodicals copy the same works for more than one semester, class, or course copy the same work more than nine times in a single semester use copyrighted work for commercial purposes use copyrighted work without attributing the author.

MUSIC, TV, AND VIDEOTAPES Educational technology existed, of course, -- in the form of audio and video -- long before the Internet, software, digital images, and multimedia productions invaded our classrooms. Guidelines for the use of such "primitive" technologies were developed.

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The guidelines developed in 1976 for the educational use of music include the following: • •

• • • •

•

Multiple copies of sheet music may be copied in an emergency (for an imminent performance) to replace purchased copies that are not available, provided purchased replacement copies are substituted as soon as possible. For academic purposes other than performance, multiple copies of excerpts of works may be made, provided the excerpts don't include more than 10 percent of the whole work or make up a part of the whole that would constitute a performable unit, such as a section, a movement, or an aria. The number of copies may not exceed one copy per student. For academic purposes other than performance, a single copy of an entire performable unit (section, movement, aria, etc.) may be made if the unit is out of print or available only in a larger work. Sheet music that has been purchased may be edited or simplified if the fundamental character of the work is not distorted and that lyrics are not altered or added. A single copy of a sound recording of a student performance may be made for evaluation or rehearsal purposes and may be retained by the educational institution or individual teacher. A single copy of a sound recording of copyrighted music may be made from sound recordings owned by an educational institution or an individual teacher for the purpose of constructing aural exercises or examinations and may be retained by the educational institution or individual teacher. Copying to create, replace, or substitute for anthologies, compilations, or collective works; copying works intended to be consumable, such as workbooks, exercises, or standardized tests; copying for the purpose of performance (except in an emergency); copying as a substitute for purchase; and copying without the inclusion of the copyright notice are not permitted.

In 1981, a congressional subcommittee developed guidelines for off-air taping of television and radio broadcasts for educational use. Those guidelines allow educators to tape a radio or television broadcast for instructional (not entertainment) use if • • • • • • •

the program is recorded simultaneously with the broadcast. the program is being broadcast without charge. the program is recorded only in response to a specific request. the program is recorded (but not necessarily used) in its entirety. the program is not altered. the tape is retained by the educational institution for no longer that 45 days after the date of the recording. the tape is used only once with each class during the first ten consecutive school days of the 45-day retention period.

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the tape is used from the tenth to the 45th day of the retention period for teacher-evaluation purposes only.

In addition, guidelines established in 1976 allow educators who have bought or rented videocassettes designated for home use only to use those videocassettes for face-toface student instruction -- but not for student entertainment. IS PRISON IN YOUR FUTURE? Obviously, copyright law is complicated and easily misinterpreted. Even those with the best intentions -- and the best lawyers -- are liable to make mistakes. The Copyright Website provides some fascinating examples of some big names who made costly copyright errors. So what are the chances you'll find yourself in court? Pretty slim -- although they increase dramatically if your use of a work interferes with the owner's potential income. Most copyright owners don't want to take teachers or school systems to court. They just want to stop the copyright infringement. If you make a mistake in good faith and you're asked to stop using a particular work, do so immediately. In addition, Nancy Willard offers the following recommendations to help teachers and school districts avoid problems: • • •

Use public domain resources whenever possible. Materials created by the federal government are all in the public domain, and many public agencies have created educational materials. Develop collaborative efforts with other teachers to create and disseminate public domain materials for educational use. Ask permission, and teach students to ask permission, before using any material about which there is a question.

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Copyright Law and New Technologies Part 3 of an Education World series on copyright and fair use Can you install personal software on a school computer, upload a photograph to your class Web site, or copy a descriptive link from another site? Part 3 of the Education World series on copyright answers those questions and more! Included: How to avoid the most common mistakes when using technology resources. In Copyrights and Copying Wrongs, Part 1 of this Education World series on copyright, we learned that the only tangible works that can be copied without asking permission or considering fair use guidelines are works in the public domain and works that are not copyright protected. If you need more detail about the works that fall into those categories, be sure to reread Part 1. The guidelines for public domain and copyright protected works predate many of the new technologies used in schools today, so you won't find them in lists of copyright dos and don'ts. Usually, you'll have to rely instead on common sense and the right intent when determining what technology resources you and your students can use. We can, however, clear up a few of the most common misconceptions! Repeat after me: The Internet is not in the public domain. The Internet is not in the public domain. The Internet is NOT in the public domain. Adrift in the Public Domain, in part 1 of the Education World series on copyright, provides a complete list of public domain resources. Notice that the Internet is not on that list. Most Web pages -- including the information on them and the code used to create them -- are protected by copyright law. Because the Internet is a global resource, copyrighted work on the Web is governed by an international treaty, the Berne Convention for the Protection of Literary and Artistic Works. The Berne Convention, however, allows individual countries to establish their own rules about what works are in the public domain -- and those rules can vary from country to country. Don't assume that a work that is in the public domain in the United States is also in the public domain in another country. WEB RESOURCES YOU CAN AND CANNOT USE As a general rule, a good way to determine whether a multimedia resource is copyright protected or in the public domain is to relate it as closely as possible to a print resource. If

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publications created by the U.S. government are in the public domain, for example, so is information provided at U.S. government Web sites. If a book title cannot be copyrighted, it's safe to assume that the title of a Web page cannot be copyrighted. Not every Internet resource can be related to a corresponding print resource, however. Erroneously posting copyrighted material to your own Web site carries even greater risks than innocently using copyrighted material in your classroom. If you plan to post work you have not created to your Web site, you should avoid • • • • •

copying and posting links that contain descriptions of the linked sites, although posting links that contain only a URL and the title of the site is generally acceptable. downloading graphics, including bullets, logos, fonts, photographs, and illustrations. framing information from another site, particularly if you delete the site's ads or identifying information or make it look as if the information is your own. deep-linking to an interior page of a site. Bypassing advertising or identifying information on a site's main page may deprive the copyright owner of revenue. copying a site's html code.

Educators also should keep in mind that works posted on other sites might not have been posted by the copyright owner or with the copyright owner's permission. Just because a copyrighted work is already posted on the Web doesn't mean it's there legally. Even sites that have obtained the required permission may not have the right to transfer that permission to you. Always get permission to use a copyrighted online work from the owner of that work, not from a secondary source. If you plan to use the work online, be sure to get permission to use the work electronically. Print rights and electronic rights are not the same thing. JUST BAD MANNERS Because copyright laws are mostly about money, you probably won't be accused of copyright infringement if the works you use are unlikely to bring financial gain to their creators. You may, however, still be accused of bad manners. Sometimes it's simply polite to ask permission, even if you're not legally required to do so! Asking permission is a good idea if you intend to •

• •

post, or quote from, e-mails posted to a mailing list, message board, or newsgroup. Most participants in such groups intend their remarks for a limited audience and may not appreciate wider distribution. No one likes being quoted out of context! post, or quote from, personal e-mails. link to sites that contain large amounts of video or audio. The resulting traffic can seriously strain some servers.

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AND THEN THERE IS SOFTWARE Repeat after me: Freeware is not in the public domain. Freeware is not in the public domain. Freeware is NOT in the public domain. All software, like all other tangible, original work, is copyrighted on creation. Because no piece of software has been in existence long enough to pass into the public domain, the only public domain software currently available is software that the owner has expressly relinquished to the public domain. Such software is usually clearly labeled. Although public domain software is free, the reverse is not inevitably true. Most free software, or freeware, is not in the public domain. Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community, from the University of Miami, offers the following overview of the three types of software not in the public domain. 1. Commercial software represents the majority of software purchased. In general, commercial software licenses stipulate that • • • • •

the software is covered by copyright. although one archival copy of the software can be made, the backup copy cannot be used except when the original package fails or is destroyed. modifying the software is not allowed. decompiling (reverse engineering) of the program code is not allowed without the permission of the copyright holder. developing new work built on the package (derivative work) is not allowed without the permission of the copyright holder.

2. Shareware software licenses allow purchasers to make and distribute copies of the software but demand that if, after testing the software, you adopt it for use, you must pay for it. In general, shareware software licenses stipulate that • • • • •

Note that selling software as shareware is a marketing decision that does not change its copyright status.

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3. Freeware is also covered by copyright and subject to the conditions defined by the holder of the copyright. In general, freeware software licenses stipulate that • • • • •

the software is covered by copyright. copies of the software can be made for both archival and distribution purposes but that distribution cannot be for profit. modifying the software is allowed and encouraged. decompiling (reverse engineering) of the program code is allowed without the explicit permission of the copyright holder. developing new work built on the package (derivative work) is allowed and encouraged with the condition that derivative work must also be designated as freeware. That means that you cannot modify or extend freeware and then sell it as commercial or shareware software.

SOFTWARE AND SCHOOL USE What does all that mean to you? It means that copyright law protects at least some aspects of the program code, structure, content, organization, and user interface of virtually every computer software program. Although licensing agreements may vary, as a rule, you cannot • • • • • •

install personal commercial or shareware software on school computers. make copies of personal commercial software and distribute them to teachers of students. make copies of commercial software licensed to your school or district and distribute them to teachers or students. use shareware for extended periods, usually stipulated in the licensing agreement, without paying for it. alter commercial or shareware software in any way. alter freeware for commercial purposes.

You may, depending on the licensing agreement, be permitted to • •

install a personal commercial software program on a single classroom computer (in addition to your home computer) for limited personal use or for use with your students. copy software licensed to your school or district for limited job-related use at home.

It's important to recognize, however, that when you buy or download software not in the public domain, you do not actually own the software; you merely acquire a license to use it in accordance with certain conditions. Because those conditions vary from program to program, you should carefully read the licensing agreement for every piece of software you use. Remember, the best rule of thumb for using any work you did not create -- whether print or electronic -- is When in doubt, ask permission!

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Applying Fair Use to New Technologies Part 4 of an Education World series on copyright and fair use If experts can't agree on acceptable fair use guidelines for works created using new technologies, what can educators do? Fortunately, some resources are available! Included: Fair Use Guidelines for Educational Multimedia. Is Fair Use a License to Steal?, part 2 of the Education World series on copyright, provided a list of fair use Guidelines for Educators for using copyrighted resources. If you're expecting an equally organized list of guidelines for using the latest technological resources, you're going to be disappointed. That list simply doesn't exist. The fair use guidelines contained in the Copyright Act of 1976 do not address many of the issues that have arisen in the digital age and no new guidelines have been developed. "There was an effort to develop some additional guidelines several years ago," according to Nancy Willard, a former copyright attorney and project director at the University of Oregon Center for Advanced Technology in Education, "but the participants were unable to agree to a common set of guidelines. "In 1994," Willard told Education World, "the U.S. Department of Commerce established CONFU: The Conference on Fair Use to bring together copyright owner and user interests to discuss fair use issues that new technologies raise and to develop guidelines for fair use by librarians and educators. The CONFU participants spent more than two and a half years trying to develop new fair use guidelines. Proposed guidelines were developed in three areas -- digital images, distance learning, and educational multimedia. In the end, however, the participants could not reach consensus. Copyright owners thought the guidelines gave too much away, and educators and librarians thought the guidelines were unworkable and overly restrictive." See the CONFU Background Information and Guidelines to learn more about the CONFU process and its problems. WHAT'S A TEACHER TO DO? If even the experts can't agree on acceptable fair use guidelines for works created using new technologies, what can educators do? Fortunately, some resources are available. The most specific are those regarding educational multimedia projects created by teachers for instructional purposes or by students as part of course requirements. In 1996, the Consortium of College and University Media Centers (CCUMC) convened a diverse group of publishers, educators, industry representatives, and legal experts to draft a set of fair use guidelines for educators and students to use while creating multimedia projects that include copyrighted works. The guidelines they developed,

although not legally binding, do represent an agreement among most institutions and organizations affected by educational multimedia. Following the guidelines should keep you and your students safe from charges of copyright infringement. FAIR USE GUIDELINES FOR MULTIMEDIA PROJECTS The Fair Use Guidelines For Educational Multimedia state that educators who create educational multimedia projects containing original and copyrighted materials may use those projects for • • • • • • • •

face-to-face student instruction. directed student self-study. real-time remote instruction, review, or directed self-study for students enrolled in curriculum-based courses, provided there are no technological limitations on access to the multimedia project and that the technology prevents copying of the copyrighted material. teaching courses for a period of up to two years after the first instructional use. After two years, educators must obtain permission for each copyrighted portion in the project. presentation at peer workshops and conferences. such personal uses as tenure review or job interviews.

The guidelines also allow students who create educational multimedia projects containing copyrighted materials to use their projects for • • •

educational uses in the course for which they were created. portfolios as examples of their academic work. such personal uses as job and graduate school interviews.

The guidelines require, however, that all multimedia projects that include copyrighted materials •

•

credit the sources, display the copyright notice, and provide copyright ownership information. (The credit identifies the source of the work, including the author, title, publisher, and place and date of publication. The copyright ownership information includes the copyright notice, year of first publication, and name of the copyright holder.) state on the opening screen and on any accompanying print material a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law and have been prepared according to the multimedia fair use guidelines and are restricted from further use.

The guidelines place restrictions on how the completed multimedia projects may be retained and stored. •

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No more than two copies of a project may be made. One copy may be retained by the creator; the other must be held in the school's library or media center.

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Online instructional projects may be used only over a secure network for a period of 15 days after the initial use. After that period, one of the two copies of the project may be placed in the media center for on-site use by students enrolled in the course. Students may not make their own copies of instructional projects. Projects cannot be replicated or distributed for any purpose other than those listed in the guidelines without obtaining permission from all copyright owners.

• •

The guidelines also limit the amount of copyrighted multimedia material that can be included in educational projects to • • • • • • •

up to three minutes or 10 percent, whichever is less, of a single copyrighted motion media work. up to 10 percent or 1,000 words, whichever is less, of a single copyrighted work of text. an entire poem of less than 250 words or up to 250 words of a longer poem but no more than three poems by one poet or five poems by different poets from a single anthology. up to 30 seconds or 10 percent, whichever is less, of music and lyrics from a single musical work. up to five photographs or illustrations by one person and no more than 15 images or 10 percent, whichever is less, of the photographs or illustrations from a single published work. up to 2,500 fields or cell entries or 10 percent, whichever is less, from a numerical database or data table.

The guidelines specifically exempt K-6 students from adhering strictly to those portion limits. SOFTWARE AND THE WEB The guidelines above refer only to the creation of educational multimedia projects, although they might also be used as a guide to help determine the applicability of fair use exemptions to Web-based technology. As a rule, however, the best way to determine whether your use of a multimedia resource is fair use is to relate it as closely as possible to a print resource. Do you want to download a Web-based graphic to create a slide show for next month's regional tech conference? Do you want to copy a table on metric conversions for tomorrow's math lesson? First determine whether you could use the works if you found them in a comparable print publication. Fair use of computer software is another issue. At the present time, fair use applies only to software that has been purchased. Most software today is licensed to users, rather than owned by them, and its use is governed by the licensing agreement rather

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than by the fair use doctrine. Most licensing agreements do not allow users to copy and distribute commercial or shareware software, although some may permit copying a small section of code to illustrate a programming technique. WHAT ABOUT THE CONFU GUIDELINES? Of course, CONFU did propose fair use guidelines for new technologies, including Educational Fair Use Guidelines For Distance Learning, Educational Fair Use Guidelines For Digital Images and Fair-Use Guidelines For Electronic Reserve Systems. So, why not simply follow those guidelines -- even though the groups that developed them failed to endorse them -- until more universally acceptable guidelines are developed? The answer is, of course, go ahead, use them -- but be aware that many educators and librarians have reservations about them. "It is unknown whether the guidelines developed [by CONFU] represent a 'safe harbor' for educators and librarians," Nancy Willard told Education World. "Some educators and librarians fear that following the guidelines will result in undercutting a more expansive scope of fair use. Following CONFU, members of a number of educational, scholarly, and copyright user organizations -- including the National Education Association, the National School Boards Association, and the American Library Association -- issued the following Conference on Fair Use Joint Statement:" "CONFU participants' inability to craft consensus guidelines presents educators, scholars, and librarians -- and their national representatives -- with the opportunity and responsibility to explore the appropriate parameters of fair use to the extent that experience and good faith permit. Members of the educational, scholarly, and copyright user communities listed below, therefore, individually and collectively commit themselves to the following: • • • • • • •

We will share experiences concerning: the application of new technology in library and educational environments, 'fair uses' made of copyrighted works, proprietors' responses to requests for permission to use copyrighted materials, and sources of helpful information regarding fair use and other privileges under copyright law; We will participate in organized efforts to capture and disseminate such information; We will assist in the development of 'User Community Principles' and educatorand librarian-generated 'Best Practices' concerning fair use, distance learning, and other activities supported by current copyright law; We will work to extend the application of fair use into digital networked environments in libraries and educational institutions by relying on it responsibly to lawfully make creative use of information; We will resist relying on any proposed code of conduct which may substantially or artificially constrain the full and appropriate application of fair use; and

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We will encourage our members to reject any licensing agreement clause that implicitly or explicitly limits or abrogates fair use or any other legally conveyed user privilege."

"The unfortunate result of the situation," Willard said, "is that teachers are in an incongruent position of trying to push the limits of the fair use exception at the same time that they have an obligation to teach students about respect for copyright law." Editor's Note: The information contained in this article is, to the best of our knowledge, correct and up-to-date. Copyright laws and the circumstances surrounding the use of copyrighted materials can be difficult to interpret, however, and information in this article should not be construed as legal advice. Article by Linda Starr Education World® Copyright © 2004 Education World Originally published 08/23/1999 Updated 09/28/2005

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District Liability and Teaching Responsibility Part 5: of an Education World series on copyright and fair use Going online can put you on the firing line when it comes to copyright infringement. Learn what you and your students need to know about copyright before you post a single word to the Web. Included: Rules for minimizing district liability and maximizing student responsibility. In Applying Fair Use to New Technologies, part 4 of the Education World series on copyright, Nancy Willard told Education World, "The unfortunate result of the situation is that teachers are in an incongruent position of trying to push the limits of the fair use exception at the same time that they have an obligation to teach students about respect for copyright law." Willard, a former copyright attorney and project director at the University of Oregon Center for Advanced Technology in Education, was referring specifically to the situation caused by CONFU's failure to develop acceptable fair use guidelines. The truth is, of course, that teachers have always pushed the limits of the fair use exception. Most of us, at one time or another, have found that perfect piece of text, video, music, or art, closed our eyes, and hoped against hope that our use of it fell into the murky area of "fair use." For the most part, cocooned in our own classrooms, we got away with it. With the advent of new -- very public -- technologies, we no longer have that luxury. "In the past," John Adsit, online education coordinator for Colorado's Jefferson County Schools, told Education World, "teachers got away with illegal practices -- not even having an inkling that they were illegal -- because they were in the privacy of a classroom with a closed door, surrounded by students who had no clue that anything illegal was going on. As we use the Web, we blow open the door and leave our practices out there for the whole world to see. We all have to become more knowledgeable -- and more careful." DISTRICT LIABILITY "School districts are liable for any copyright violations committed by their staff, and the area with the greatest potential for liability is the district's public Web site," Nancy Willard agreed. "The Digital Millennium Copyright Act provides interactive service providers with an exemption from monetary damages for copyright infringement but only if the provider is not directly involved with the placement of the material. On virtually all school Web sites, school staff is, or should be, directly involved with the placement of the material." "School districts," Willard added, "should be very careful about the copyright status of any material posted on their Web sites. Most companies do not want to sue school districts for copyright violations unless the unlawful practice is pervasive and such a suit would send a message to other districts. Promptly removing any material that violates copyright will generally satisfy the copyright holder."

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Willard also suggests that federal legislation is needed to provide schools with immunity from financial damages in the event infringing material is posted on the school Web site. "I made a recommendation for such legislation in my testimony to the Web-based Education Commission," Willard noted. "I have also made this recommendation to the National School Boards Association(NSBA) and I'm going to encourage the major education groups to propose and push for such legislation next year. The benefit of the legislation is that it requires schools to be proactive in educating about copyright and allows people who feel their rights have been infringed to have an easier way to resolve the problems." In the meantime, Willard recommends that school districts take the following steps to limit their liability: • • • • •

Establish a process to ensure that all materials on the district Web site are closely evaluated. Provide professional development for teachers and instruction to students about defamation, invasion of privacy, harassment, and copyright law. Include an immunity provision in the policy. Take prompt action if accusations are made. Be prepared to stand up for staff or students if false accusations are made.

In other words, school districts can minimize the chances that students or staff will be accused of copyright infringement -- and minimize district liability in the event of inadvertent violations -- by establishing clear policies, developing organized procedures for disseminating the policies, and strictly enforcing the policies. TEACHING RESPONSIBILITY Teachers have an additional responsibility to make sure that students understand the spirit and the letter of copyright law. Nancy Willard recommends that educators address the issue in their classrooms: 1. "Help students learn about the value of created works and develop respect for the creators by discussing the importance of such works on the advancement of society." Students should understand that copyright law is designed to protect the financial interests of those who create original work; that financial rewards provide the incentive for the creation of more original works; and that obeying copyright laws benefits society by ensuring a steady supply of creative works. The sites below will help students better understand the copyright process. •

A Visit to Copyright Bay Students sail through the copyright seas in this clearly written, visually appealing voyage.

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• •

A Copyright Hunt for Elementary Students and their Teachers In this online scavenger hunt, students learn everything they ever wanted to know about copyright law -- and then some! Timeline: A History of Copyright in the U.S. Students explore U.S. copyright law and discover how court actions and legal interpretations have shaped it.

2. "Teach students to request permission when in doubt about the status of a particular work or the appropriateness of their use of that work." Students should understand that the materials they want to use are probably protected by copyright; that the creator owns copyrighted work; and that they have to ask permission to use it. Getting Permission to Publish: Ten Tips for Webmasters will help students understand what they should know before asking permission to use copyrighted materials. 3. "Teach students how to request permission." Students should know how to find the owner of a copyrighted work and how to ask permission to use that work. The sites below provide templates for writing permission-request letters and resources for finding the creators of copyrighted works when the information isn't readily available. • • •

Giving and Getting Permissions This site provides a list of agencies that grant permissions to use copyrighted materials. Copyright Permission Request form The Bellingham (Washington) school district provides a form students can use to request permission to use copyrighted material. Copyright Scroll to the bottom of this page for Nancy Willard's permissionrequest template.

The sites below provide quizzes to help you discover what students know -- and need to know -- about copyright law! • • •

Questions About Copyright This true/false quiz is based on 10 Big Myths About Copyright Explained. Copyright on the Internet This printable true-false quiz tests students' knowledge of copyright law. A Visit to Copyright Bay This site provides six multiple-choice quizzes on the application of copyright law.

A TEST FOR YOU Finally, Education World provides the following quiz designed to test your understanding of the material covered in this five-part Education World series on copyright. When in doubt about the copyright status of a work you want to use, you should a. Use it and hope for the best. b. Use it in the classroom, but refrain from posting it to the school Web site. c. Ask permission before you use it.

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The correct answer is c. How did you do? . Editor's Note: The information contained in this article is, to the best of our knowledge, correct and up-to-date. Copyright laws and the circumstances surrounding the use of copyrighted materials can be difficult to interpret, however, and information in this article should not be construed as legal advice. Article by Linda Starr Education World® Copyright © 2004 Education World Originally published 08/23/1999 Updated 12/17/2004

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Creative Commons – 7 things you should know.

PUBLIC DOMAIN GUIDE DATE OF WORK Created 1/1/78 or After

PROTECTED FROM When Work is fixed in tangible medium of expression

Published before 1923 Published from 1923-63

In public domain When published with notice

Published from 19641977

When published with notice3

Created before 1-1-78 but not published

1-1-78, the effective date of the 1976 Act which eliminated common law copyright 1-1-78, the effective date of the 1976 Act which eliminated common law copyright

Created before 1-1-78 but published between then and 12-31-2002

TERM Life +70 years1 (or if work of corporate authorship, the shorter of 95 years from publication or 120 years from creation2. None 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain 28 years for first term; now automatic extension of 67 years for second term Life + 70 years or 12-312002, whichever is greater Life + 70 years or 12-312047 whichever is greater

Term of joint works is measured by life of the longest-lived author. Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302 ©. 3 Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within 5 years, such as by placing notice on unsold copies. 17 U.S.C. § 405. 1 2

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(Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway.) Chart reproduced with permission of Lolly Gasaway – last updated 11-04-03 http://www.unc.edu/~unclng/pulioc-d.htm

Washington State University. (1997, October 22). Guidelines for educational use of copyrighted materials. Available: Washington State University http://publications.urel.wsu.edu:80/copyright/CopyrightGuide/copyrightguide.html. [7 November, 1998].

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Fair Use Quiz – Powerpoint (dmurphypd4)

Let’s take The Twenty Question Fair Use Quiz

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The 20 Questions Fair Use Copyright Quiz Answer True or False to each of the following. 1. The owner of the local Blockbuster Video store supports the school by donating one videotape rental free to the school every Friday. The video is shown in the multipurpose room to reward students with perfect attendance that week. This is fair use. 2. A teacher buys a single-user software program with department money and puts it on the local-area network (LAN). It is frequently used by several teachers at the same time. This is done in violation of a written district policy against using single-user programs on the LAN. After two years. the software company takes action against the individual teacher. The district is also liable. 3. A history teacher taped the original ABC news report showing Richard Nixon leaving the White House after he resigned. She made it at home on her personal VCR and used her own tape. She uses the entire news program every year in her classroom. This is fair use. 4. A teacher rents Gone With the Wind to show the burning of Atlanta scene to her class while studying the Civil War. This is fair use. 5. A student doing a multimedia report discovers how to copy the Quick Time movie of Kennedy’s "We Shall Go to the Moon" speech from a CD-ROM encyclopedia. He presents the report to his classmates, then posts it on the school LAN. This is fair use. 6. Copyrighted material used in multimedia projects may remain in the student’s portfolio forever. 7. A student finds a photo online dramatizing a pre-Columbian Viking landing in America. Since the school symbol is the Viking, he uses this photo as a graphic element on the school’s web page---giving credit to the site from which it was copied. This is fair use. 8. A science teacher asks the school librarian to record a great episode of Bill Nye the Science Guy on its original broadcast in September 1998. He figures on using it for years. This is permissible. 9. A student building a multimedia art project uses copyrighted images of Frank Lloyd Wright buildings downloaded from the Web. He submits this project to a multimedia competition honoring classroom work and wins a prize for the school. This is covered under fair use.

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10. The teacher of the winning multimedia project mentioned above shows it at an art conference for education. It costs $50 to attend the conference and the teacher is awarded free attendance because he is a presenter. This is fair use. 11. Using a legal copy of the program Web Whacker, a district technology specialist downloads and caches educational and non educational Web pages for school Internet training. By copying these pages onto the schoolâ&#x20AC;&#x2122;s server she is violating copyright law. 12. A school purchases one copy of a typing tutorial program, which is housed in the library. It is checked out to individual students to take home for two-week periods. This is permissible as long as the homes erase the program at the end of the two weeks. 13. Seinfeld has an episode on personal hygiene that a health teacher tapes and uses the following week in class. The local television station denies permission when asked and states this is a violation of copyright law. They are correct. 14. A student brings in an audio cassette copy of the national anthem that he copied from an audio CD lent to him by a friend. Another student digitizes this into a HyperStudio stack. This is fair use. 15. A high school video class produces a student video yearbook that they sell at a community events to raise money for equipment for the school. They use well-known popular music clips. The money all goes to the school and the songs are fully listed in the credits. This is covered under fair use. 16. A school can only afford one copy of Kid Pix. It is loaded onto the library computer and all students and all classes have access to it all day. The teachers copy and install Kid Pix Player on their classroom computers to evaluate the student work. This is permissible. 17. A teacher creates his own grading program for use with his students. He transfers to another school and forgets to delete the program from the network. Everyone at his old school copies and use the program. He sues the school and wins. He is likely to receive a significant monetary reward. 18. An elementary school transcribes the lyrics from the album "Cats" and puts it on as the school mini musical. A teacher plays the music by ear on the piano and the

students perform every song. There is no admission charged. This is legal. 19. A media aide tapes 60 Minutes every week in case teachers need it. This is fair use. 20. A professor at a prominent University of California campus copies an expensive software program for every student in his class. This state university is taken to court by the copyright holder. The university loses.

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Answers to the 20-Questions Fair Use Copyright Quiz 1. False. "Entertainment" and "reward" are explicitly excluded under copyright guidelines. To show a movie for entertainment purposes, you must obtain a version from an authorized distributor who can license you to show it. 2. True. The district must enforce its written policy, not just post it. Somebody needs to be monitoring the network (and, it must be said, the stand-alone computers, too). Unenforced policy cost one large district over $1 million. 3. False. Congress holds that videotapes of publicly broadcast shows can only be shown for 10 days afterwards unless the copyright holder grants greater allowances for educators. The time has long passed when she should have asked permission or purchased the tape. 4. True. The video is a legal copy being used for instructional purposes. 5. True. The length of the clip and its use for educational purposes support the fact that this is fair use. Since the school LAN is presumably not accessible to the outside world, posting the report should not cause a problem. 6. True. As long as the material is not publicly distributed, the student may archive his/her work. 7. False. Internet pages are copyrighted automatically. The student cannot safely post (and therefore re-copyright) anything for the general public without permission--even if credit is given. Use in a classroom report would have been okay. 8. True. The distributors of "Bill Nye," unlike those of many other educational shows, allow educational retention after original broadcast, in this case, for three years. 9. True. The competition was expressly designed for classroom work by students. If the resulting projects were distributed on CD-ROM or posted at a web site, however, the copyrighted works could cause a problem. 10. True. Fair use is generally extended to include educator trainings and conferences. 11. False. Although netiquette would dictate asking permission, since it's serving an instructional purpose, the trainer should be all right. Because it is impossible to view a web page without first downloading it into computer memory, merely caching the page for future use should not be interpreted as illegal copying.

12. True. The checkout is fine. The school must make serious efforts, however, to make sure parents erase the program from their computers.

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13. False. The television station is wrong. First of all, it doesn't hold the copyright on "Seinfeld." Secondly, the use occurred within 10 school days after the broadcast. 14. False. For fair use, the copy must be legally obtained. The student was using an unauthorized copy. Francis Scott Key may be dead, but the orchestra that created the arrangement and created the tape is probably alive and kicking. 15. False. This is not instructional use. The fact that money is being charged is irrelevant; the problem lies in the use of copyrighted materials for non-instructional purposes. 16. True. "Players" such as this are intended for distribution and the program itself is never in simultaneous use. 17. True. The teacher does have the right to make them stop using his work. 18. False. The copyright holder sells the performance rights to schools in a very specific way. If you want "Cats," buy the performance rights. Sell tickets if you have to. 19. False. Schools may not tape in anticipation of requests. They can act only on actual requests. 20. False (at least for now). The copyright holder lost in just such a case. The U.C. schools are state schools and the court ruled the state could not be sued unless it consented. The ethical issue was unaddressed by the court. "Quiz." ESU7. Web. 16 Nov. 2009. http://www.esu7.org/~sgsweb/copyquiz.html

Copyright – Assignment One 15 minute presentation in the medium of the presenters choosing (powerpoint, film, dramatization, etc.) summarizing the responsibilities of teachers with regard to copyright laws. The presentation should include a summary of Creative Commons and its uses. They should also create a Fair Use form to be used by all faculty when presenting multi-media materials and requesting photocopies. Assignment should address: • Use of video • Use of Music • Use of Software • Use of Photocopies

RESOURCES: American University Center for Social Media Copyright and Fair Use in Teaching http://www.centerforsocialmedia.org/resources/fair_use_and_teaching Copyright Permission Document http://www.bham.wednet.edu/copyperm.htm Wisconsin Department of Public Instruction Copyright Resources for Schools and Libraries http://dpi.wi.gov/lbstat/copyres.html#music Education World Copyrights and Copying Wrongs Education World series on copyright and fair use http://www.educationworld.com/a_curr/curr280a.shtml A Teacher's Guide to Fair Use and Copyright Modeling Honesty and Resourcefulness http://home.earthlink.net/~cnew/research.htm Educational Cyber Playground – Teachers Channel http://www.edu-cyberpg.com/Teachers/copyrightlaw.html Teach Digital: Curriculum by Wes Fryer http://handouts.wesfryer.com/copyright

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Copyright Permission Letter DIRECTIONS: Whenever a student or staff member wishes to "re-publish" someone else's writing or graphics on a Bellingham Public School Web site, explicit permission must be obtained from the owner of copyright or evidence must be provided that the materials are "in the public domain." The form below may be copied and pasted into an e-mail message sent to the owner of the site and/or the owner of copyright. An email reply which answers all questions fully and grants permission should be printed out and presented along with any Web pages being submitted to the library media specialist for publication. Every Web page containing such items must provide full credit to the source, indicate that permission was granted and include a notice clarifying that all rights are still reserved by the copyright owner. ************** Copy the letter below and E-Mail to Site Owner ************ Bellingham Schools Copyright Permission Request (Type (Type (Type (Type

Name of Site here) Name of Site Manager here) e-mail address of Site Manager here) URL (s) (addresses) of Web page containing desired item(s)

Dear (insert name of Site Manager): I am a (insert either "student" or "teacher") in the Bellingham (WA) PublicSchools creating Web pages for a school project. My school is (insert nameof school). My e-mail address is (insert full e-mail address). We are currently engaged in a project which (insert description of theproject and its goals here). While doing research for this project, I visited your excellent site and was very much impressed with what you have done. I am interested in gaining permission to "re-publish" the following material from your Web site on our school's Web site: (describe first item) (describe additional items) Are you the holder of a copyright for these materials? ____ Yes ____ No

If you are not the holder of a copyright, can you identify the owner and supply an email address so that I may contact the owner? ______________________________________________________________________ If you are the holder of copyright, may we "republish" these items, including at the bottom of the Web page a clear notice that we are "re-publishing" the item with your permission, with all rights reserved? ____ I give my permission. ____ I do not give my permission. Please write the words you wish for us to place at the bottom of the page describing your copyright restrictions. ______________________________________________________________________ ______________________________________________________________________ Thanks so much for your time and assistance. We appreciate your contribution to the development of excellent content on the Web. Please send back this whole message with you name and title at the bottom so that we can identify the source of permission. Sincerely, (insert your name) Schools and non-profit organizations may copy and make use of these materials within their own school districts or may republish the pages on their Web sites provided that a clear notice of source is included on the Web page. Return Bellingham Home Page Revised February 14, 2003.

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CHEATING AND PLAGIARISM 3 types of cheaters: PowerPoint (dmurphypd5) Definitions: Plagiarism According to Wikipedia Plagiarism is: Plagiarism, as defined in the 1995 Random House Compact Unabridged Dictionary, is the "use or close imitation of the language and thoughts of another author and the representation of them as one's own original work."[1] Within academia, plagiarism by students, professors, or researchers is considered academic dishonesty or academic fraud and offenders are subject to academic censure, up to and including expulsion. In journalism, plagiarism is considered a breach of journalistic ethics, and reporters caught plagiarizing typically face disciplinary measures ranging from suspension to termination of employment. Some individuals caught plagiarizing in academic or journalistic contexts claim that they plagiarized unintentionally, by failing to include quotations or give the appropriate citation. While plagiarism in scholarship and journalism has a centuries-old history, the development of the Internet, where articles appear as electronic text, has made the physical act of copying the work of others much easier. Plagiarism is not the same as copyright infringement. While both terms may apply to a particular act, they are different transgressions. Copyright infringement is a violation of the rights of a copyright holder, when material protected by copyright is used without consent. On the other hand, plagiarism is concerned with the unearned increment to the plagiarizing author's reputation that is achieved through false claims of authorship. "Plagiarism." Wikipedia, The Free Encyclopedia. 30 Nov 2009, 15:09 UTC. 1 Dec 2009 http://en.wikipedia.org/w/index.php?title=Plagiarism&oldid=328810570>. And Cheating Cheating is an act of lying, deception, fraud, trickery, imposture, or imposition. Cheating characteristically is employed to create an unfair advantage, usually in one's own interest, and often at the expense of others,[1] Cheating implies the breaking of rules. The term "cheating" is less applicable to the breaking of laws, as illegal activities are referred to by specific legal terminology such as fraud or corruption. Cheating is a primordial economic act: getting more for less, often used when referring to marital infidelity. A person who is guilty of cheating is

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generally referred to as a cheat (British English), or a cheater (American English). Cheating." Wikipedia, The Free Encyclopedia. 23 Nov 2009, 17:26 UTC. 1 Dec 2009 <http://en.wikipedia.org/w/index.php?title=Cheating&oldid=327502353>.

Questions for Discussion • • • • • • • • • • • • • • • •

Are these Plagiarizing? Asking your parent or a friend to suggest changes or corrections in your written essay Asking your parent or a friend to rewrite your essay, making all the changes or corrections for you Asking your parents or a friend to help you search the internet for information for a report Asking your parents or a friend to search the internet for you for the information you need Reading someone else’s term paper and then writing your own using some of his ideas and copying part or all of his bibliography Listing books in your bibliography that you haven’t read Brainstorming an assignment with other students and then each writing your own Taking a report or term paper you wrote for one class and rewriting it for another Taking a report or term paper you wrote for one class and handing it in for another class without rewriting it Copying sentences or paragraphs from the encyclopedia for your report without using quotation marks or footnotes Writing a report as a group and then each person writing a report that is just a little bit different to hand in. Copying a report or term paper from the internet and editing to be “yours” Copying a report or term paper from the internet and handing it in without any changes Hiring a tutor to help you learn to write better Hiring a tutor to rewrite your papers for you Paying another person, or an editing service, to write your term paper.

Reprinted with permission form Student Ceating and Plagiaris in the Internet Era: A Wake Up Call by Ann Lathrop and Kathleen Foss. Englewood, CO; Libraries Unlimite, 2000.

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• • • • • • • • • • • • • • • • • • • • • •

Are these Cheating? Copying someone else’s homework Copying someone else’s assignment or report Working on homework with one or two friends and then all handing in the same answers, essays, etc. Working with one or more friends on homework or an assignment when the teacher told you to do the work independently Copying another student’s answers on a test Letting someone copy answers for your test paper Writing notes (or a formula, or dates) on something like a small piece of paper, or even on your arm to look at during a test Pretending your sick so you can take a test later, then asking your friend to tell you the questions Asking your friend who took the test first period to tell you the questions before you take it fifth period Reading a condensed version instead of the original book assigned for a report Seeing the film or video of the book instead of reading a book assigned for a report Using Cliff’s notes when you are supposed to be reading an entire play or other literary work Reading an English version of a literary work assigned to be read in a foreign language Asking your parent or a friend to help you with a science or social sicent project Asking your parent or a friend to do all or parts of your science or social science project for you Looking in a file of old tests to study last year’s final exam from the teacher you have for the same class Brainstorming an assignment with other students and then each writing your own essay Sharing lab experiment results with classmates, each changing some data to make your reports look different “fudging” the data on your lab report to get the results you want or need Not telling you teacher that the score on your test is added wrong in your favor Not telling your teacher when a wrong answer was not marked wrong on your test Changing your score or grade in your teacher’s print or electronic grade book

Reprinted with permission form Student Ceating and Plagiaris in the Internet Era: A Wake Up Call by Ann Lathrop and Kathleen Foss. Englewood, CO; Libraries Unlimite, 2000.

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Top Eight Ways Students are Cheating Today Here’s Education-Portal.com’s list of the eight most popular ways students are cheating (in no particular order): • •

• • • •

• •

Copying — Whether it’s eyes roving during a test or a so-called “study group,” it’s still copying. Buying papers online — It doesn’t get much easier than this. Papers on just about any topic you can think of are available — and most can be downloaded instantly. Cheat sheets — This perennially popular form of cheating is made even easier with today’s electronic devices. Take a picture — If a professor leaves a test on his desk, all it takes is the click of a student’s cell phone camera to steal it. “Can I go to the bathroom?” — Once there, a student can call or text friends for answers during a test. MP3 players — Students can put anything on their iPods — including lecture notes. And with many professors letting students listen to their MP3s during tests in order to focus and relax … Cell phones — Is there a better — or easier — way to store data? When is a candy bar more than a candy bar? — Believe it or not, some students have peeled off the wrapper, scanned it, edited the nutritional info into test answers and rewrapped the candy bar — where it sits on the student’s desk during an exam.

Ford, Carin. "Top 8 ways students are cheating today." Higher Ed Morning. PbP Media, 24 Nov. 2009. Web. 1 Dec. 2009. <http://www.higheredmorning.com/top-8-ways-students-are-cheating-today>.

Top Five Ways Students are Using Technology to Cheat • • • • •

26% 25% 17% 20% 48%

store info on their phone and look at it while taking a test send text messages to friends, asking for answers take pictures of a test – and then send it to their friends use their phones to search for answers on the Internet warn friends about a pop quiz with a phone call or text message

Ford, Carin. "Top 8 ways students are cheating today." Higher Ed Morning. PbP Media, 24 Nov. 2009. Web. 1 Dec. 2009. <http://www.higheredmorning.com/top-8-ways-students-are-cheating-today>.

Is it Plagiarism – Powerpoint – (dmurphypd6) Cheating and Plagiarism – Assignment Two (option One) One Assignment that the group feels is cheat proof. It should include a rubric, description of the assignment, tasks and any supporting materials. The subject can be of the groups choosing but should be in-line with the Massachusetts Curriculum Frameworks. The group should also explain why the assignment is Cheat Proof. *Keep in mind that mastery of sub-skill is essential to the success or failure of this assignment.

Cheating and Plagiarism – Assignment Two (option Two) Create a lesson plan that the concepts of Academic Integrity, cheating and Plagiarism. This can be created within the context of another lesson plan or as a stand alone lesson. Resources Avoiding Plagiarism http://www.hamilton.edu/writing/style/plagiarism/plagiarism.html Copyright Permission Document http://www.bham.wednet.edu/copyperm.htm Copyright Bay http://www.stfrancis.edu/cid/copyrightbay Preventing Plagiarism http://www.library.ualberta.ca/guides/plagiarism/preventing/index.cfm School Discovery Education (scroll down to the copyright and citation sources) http://school.discoveryeducation.com/schrockguide/referenc.html SECTION THREE ACADEMIC INTEGRITY According to Clemson Universities Center for Academic Integrity: The elements of an ideal code or academic integrity policy

speaks to consensus institutional values enforceable and culturally appropriate proscriptions, prescriptions and practices student involvement and ownership students are primary educators (and are recruited from among acknowledged student leaders and esteemed peers) streamlined process (to reduce the "hassle factor" for faculty and students) competent and reliable investigation (often conducted by a trained, impartial and permanent judicial investigator) fair and consistent adjudication and sanctioning central recordkeeping that merges academic and non-academic infractions into a single disciplinary file

Sample Policies Springfield Township - http://www.sdst.org/shs/library/acadintegrity.html California – http://www.jfkcougars.org/academic_integrity_polisy.jsp Delaware – http://www.aiduponths.com/academics.html Maryland – http://www.howard.k12.md.us/ahs/AcadInt.pdf Academic Integrity – Assignment Three The group should create an Academic Integrity Policy to be implemented by the entire school community. They may refer to provided resources, however; any materials used should be appropriately cited and permissions obtained. Also keep in mind the special nature of Essex Aggie and academic integrity as it applies to the treatment of animals, plants and the environment.

APPENDIX REPORT AND RESEARCH PAPER WEBSITES

Abcresearch.com Academic Term Papers ACI Writing Assistance Center Bignerds.com Cheathouse‐ The Evil House of Cheat Chuckiii.com College Term Papers.com Cyber Essays Essay Depot Ivyessays Papers Knowledge Reports Mad Papers Net Essays OPPapers.com Paper Master Paper Store Papercamp.com Papers 24‐7 . Papers Inn Papersure: The Research Paper Center PinkMonkey Planet Papers Research Assistance Research Papers Online A+ Schoolbytes.com Smart Essays Studentcentral—just in case you thought this was a USA problem Superior Termpapers Terms n Papers 12,000 Papers.com

www.abcresearch.com www.academictermpapers.com www.aci‐plus.com

www.bignerds.com

www.cheathouse.com www.chuckiii.com www.collegetermpapers.com www.cyberessays.com

www.essayDepot.com

www.ivyessays.com

www.knowledge‐reports.com

www.madpapers.com

www.netessays.net

www.oppapers.com

www.papermasters.com www.paperstore.net www.papercamp.com www.papers24‐7.com www.papersinn.com www.papershack.com http://www.pinkmonkey.com/ www.planetpapers.com

www.research‐assistance.com www.ezwrite.com

www.schoolbytes.com www.FreeEssays.com/smart/ www.studentcentral.co.uk www.superior‐termpapers.com