Copyright, Fair Use, Illegal Downloading

The following information addresses when and how to ask for permission to use materials (follow the bulleted links to find the templates):
Some web sites freely grant permission for schools to use graphics in educational projects, but some do not, especially when projects leave the classroom for public viewing in web pages or public performances.  Since the law is still being tested, when in doubt, it is always best to ask permission.  The letters below should help students with this writing task.
Choose the most appropriate phrases from one of the form letters below, copy and paste your letter into an e-mail message, and mail it to the web master. The Web master's e-mail address is usually found at the bottom of the first page of a site. 

To Use a Graphic or Sound Clip on your Web Page:  To download graphics or sounds from the Web, harvest them from a CD or other source and display them on your Web Page.

To Use a Graphic or Sound Clip in Multimedia Projects:  Caution:  Many educators claim "fair use" when students save graphics from the Web and use them in educational projects.  As long as projects stay within your classroom, you are often within your rights.  However...Fair Use Guidelines no longer apply if the project leaves your classroom.  You must get permission from the owner/creator of the graphic in order to use it.

To Link to a Web Site:  Is it really necessary to get permission to link to another site?  In most cases, it is probably NOT necessary IF you:
Clearly indicate that your link points to content created by others.  Be as specific as possible by giving the complete name of the site/organization/author.
Do not include another web site within a frame.  (i.e., your site's navigation links are in the left hand frame and all main content is on the right.) This makes it impossible for visitors to determine the URL of the site, and it implies that you created the content.  There are lawsuits pending related to this scenario.
Check the site for any guidelines about links, copyright, or permissions.
Play it safe.  If you're not sure, use the MidLink template and write for permission.
http://www.ncsu.edu/midlink/permission.html

The following information addresses plagiarism:

What is Plagiarism?

Many people think of plagiarism as copying another's work, or borrowing someone else's original ideas. But terms like "copying" and "borrowing" can disguise the seriousness of the offense:

According to the Merriam-Webster Online Dictionary (http://www.merriam-webster.com/), to "plagiarize" means

  • to steal and pass off (the ideas or words of another) as one's own
  • to use (another's production) without crediting the source
  • to commit literary theft
  • to present as new and original an idea or product derived from an existing source.
In other words, plagiarism is an act of fraud. It involves both stealing someone else's work and lying about it afterward.

But can words and ideas really be stolen?

According to U.S. law, the answer is yes. The expression of original ideas is considered intellectual property, and is protected by copyright laws, just like original inventions. Almost all forms of expression fall under copyright protection as long as they are recorded in some way (such as a book or a computer file).

All of the following are considered plagiarism:

  • turning in someone else's work as your own
  • copying words or ideas from someone else without giving credit
  • failing to put a quotation in quotation marks
  • giving incorrect information about the source of a quotation
  • changing words but copying the sentence structure of a source without giving credit
  • copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not (see our section on "fair use" rules)
Most cases of plagiarism can be avoided, however, by citing sources. Simply acknowledging that certain material has been borrowed, and providing your audience with the information necessary to find that source, is usually enough to prevent plagiarism. See our section on citation for more information on how to cite sources properly.

The following addresses consequences of illegal file downloading:

Illegal music downloading can carry penalties that far outweigh the value of the goods. Depending on the jurisdiction and the circumstances of the case, a person may be incarcerated. She may also experience heavy financial obligations in the form of fines and civil damages. Many higher learning facilities have developed policies for dealing with students who are convicted of illegal music downloading.
It is important for people to realize that illegal music downloading is not only wrong but is also a criminal offense in some jurisdictions. This means that if a person is found guilty in those places, the offense can be listed on her criminal record. In some cases, this offense may even be a felony. As a result, it is possible that the criminal record that stems from these activities may affect a person’s life in various ways for a long time.

http://www.wisegeek.com/what-are-the-consequences-for-illegal-music-downloading.htm


(avrev.com)

Resources for free  or inexpensive
media downloads:

www.flickr.com  (photo sharing)
http://magnatune.com/  (music downloads)
http://openphoto.net/ (photo sharing)
http://ccmixter.org/  (music downloads)

 The following is an exerpt from the West Virgina Department of Education's Policy 2460-Safety and Acceptable Use of the Internet by Students and Educators.  This exerpt addresses unsafe media downloads.  The full policy can be viewed at the link below.
3.3.1. The use of telecommunications and/or access to the Internet is an extension of the educator's responsibility in his/her classroom. Therefore, it is the educator's responsibility to ensure classroom activities that utilize Internet-related technologies focus on appropriate and specific learning goals and objectives. All student use of Internet-related applications must be authorized by the educator. Specific examples of unauthorized use include, but are not limited to:
a. Executing non-educational gaming.
b. Creating, storing, sending, or viewing pornographic material.
c. Downloading, uploading and/or executing viruses.
d. Using e-mail user IDs other than one's own ID.
e. Misrepresenting an individual's identity or source of communication or data.
f. Illegally accessing or attempting to access another person's data or personal system files.
g. Corrupting, destroying, deleting, or manipulating system data with malicious intent.
h. Requesting that inappropriate material be transferred.
i. Violating safety and/or security measures when using e-mail, chat rooms, and other forms of direct electronic communications.
j. "Hacking" or any other unlawful online activities.

http://wvde.state.wv.us/policies/p2460.html
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