Legal Issues

AUP - Acceptable Use Policy
users of IT service
restricts access or use
protect users from harmful items
protect provider from negative images
applies whenever the service or equipment owned by the company is used
service denied if there is a violation
could cause termination, etc. if there is a violation
have a good policy in place with consequences

Fair Use
applies to all
What? to protect the author, non profit organizations, nature of the copyright
a violation occurs if you interfere with the author making money from his/her work
applies as soon as it's created
education, news, research, parody, criticism, review are the exceptions to copyright and are not violations (they are fair use)
Why? to protect the author
policy is written to protect the author, copies of the policy posted, educate people on the policy, monitor use
Fair use is our friend in education because it is freeing. It allows us to use things more than we would be able to otherwise.
Grey area - what counts? Is a blogger a journalist? Are they exempt?
acceptable if you keep the use within your own physical building or classroom
1 chapter or 10% of printed material is allowed
no limit on how much of a movie or music you can use
once it leaves your physical boundaries, it's violating copyright (ie. film festival, posted online)
viewing movies or listening to music, however, must be for educational purposes. It should be defensible. Do you have lesson plans? What educational activities were done with the media?
Posting Mickey Mouse, for example, on your wall is ok as long as you are really using it for educational purposes. So, my computer lab superheros is fine.
A test: are you taking away potential money from the copyright holders? If yes, probably don't do it. If no, probably ok.

TEACH Act
Who? distance ed providers
What? digital content
Where? distance ed classrooms, a virtual classroom
When? late 2002 it was created
Why? created to provide equity for distance ed students
How? gives distance ed larger access to resources for their students, checklist can help guide teachers as to what is acceptable
Adds to the Fair Use Act by saying that your classroom can also be a virtual classroom
As long as the only ones who will see it/use it are my enrolled students, Fair Use still applies

CIPA - Children's Internet Protection Act
Protects school and libraries that get money form the eRate program
Requires filtering for minors in K-12 schools and public libraries where the Internet is accessible that receive eRate funding
Allows for exceptions when authorized for specific projects
Protects kids
How? Educate students about Internet safety
Controversy - schools are ok with this because they are about protecting the kids the educate. However, libraries have a problem with it because they are all about free speech and open access to all information available. Compromise - it was agreed that the computers must be filtered for minors, but can be fully accessible for adults. Some libraries tie their filter into their library card to know who to filter and who not to, but its a hassle. Some libraries have opted out of eRate because of this.

Filtering
Subset of the CIPA act
applies to schools/libraries receiving public funding
filtering Internet sites
exceptions - adults can request that the filter be removed in public libraries
Where? publicly funded schools and libraries
When? 2000 in schools, 2003 in libraries
applies to any users on public library or school computers and networks
in response to the CIPA act

Creative Commons
applies to everyone
it's an organization
allows for copyright holders to share their work on their terms
Where? where ever the copyright holder wants to show their work
began in 2002
because regular copyrights were outdated and weren't sufficient with new technology
used however the the copyright holder determines
whoever created the work gets to decide how it is used
the creator goes to the creative commons website and selects the category of use they want, then they get a tag that states their creative commons license
(link to creative commons on moduole 6)

FERPA - Family Educational Rights and Privacy Act
Who? Schools that receive public funding, parents and students
What? parents/students can request access to their records, others cannot access information without permission, directory information is acceptable but parents/students can request for their information to not be included in the directory
Where? (situations that apply) records, grades, posting student work with grades, student work online with names, students' likeness online or in movies
When? It does not apply in these situations:
-with permission
-legitimate educational interest
-within the school system
-health & safety emergencies
-judicial system
-justice system
Why? privacy, safety, protection (ie. protect personal information, prevent discrimination)
How? policies regarding handling of permanent records or cum. files, proceedures for how/who to get records, policies regarding how to display work of students at school or online or so others can see their scores