Pause Before Downloading: Rules and Resources for Reusing Digital Content in the Classroom

“Duke Ellington Visit” by U.S. Department of Education / CC BY 2.0

“Why can’t I use this picture?” This is a question my students often ask whenever they are looking for images on the Internet for projects they create in my class.

My response is always this: “If you go into a store and you see merchandise you like on the sales floor, can you take it without paying for it?”

In this era of digital media, where almost everything is searchable and downloadable, it’s easy to see why students, and even teachers, think that it’s perfectly fine to reuse another’s creator’s work. However, this is not always true.

Myths and Facts

Let’s look at some commonly held misperceptions of copyright law.

Myth No 1: You can always claim fair use.

Fact: Fair use isn’t a legislative right, it’s a legal defense you can use in a court of law. However, that doesn’t mean you will avoid legal repercussion simply by using this argument. To learn more, read Harvard University’s guide on copyright and fair use.

Myth No. 2: If it’s copyright protected, then you can’t use it.

Fact: The creator of the work owns the copyright. If you are able to obtain permission from the creator, then you can reproduce it.

Myth No. 3: It’s not copyright protected because it doesn’t say that it is.

Fact: It depends on when the work was originally created. Copyright laws have been amended a few times over the course of the 20th century, so you’ll have to check the work in question. However, as of March 1, 1989, all work is automatically copyright protected, and a copyright notice isn’t necessary for work to receive this protection. The United States Copyright Office explains this in more detail here.

Myth No. 4: As long as you cite the creator of the work, you don’t have to worry about copyright.

Fact: Citing work avoids plagiarism, but you can be in danger of copyright infringement. Check out this explanation from Duke University Libraries’ Web page for further clarification.

Solution

How can students incorporate media into their projects without violating copyright laws? Luckily, there are three options:

1. Use creative work that is accompanied by a Creative Commons license. Creative Commons is an organization dedicated to helping creators share their work with the world. People who publish their work with a Creative Commons license are allowing others to reuse their work on their terms.
2. Use work in the public domain. These creations are not subjected to copyright laws because either the copyright has expired or the creator has decided to give up his or her rights to the work. In the latter example, creators will declare this on their work.
3. Create original work. Students are incredibly creative. Depending on their talents and inclinations, they can create hand-drawn illustrations, make their own computer graphics or take their own photographs. With the right digital tools, students can create their own original videos, music, images or audio.

Project Resources

I’ve gathered a few resources for students to use when incorporating media created by others. Don’t forget to tell students to verify the usage rights of all works before using them. In addition, keep in mind that when searching on the Internet, there is always the potential to come across inappropriate content. Before using any of the following search engines, check that it has been vetted by your school’s content filters. Also, tell your students to turn on SafeSearch — if it’s an option on the website.

1. Creative Commons Search allows you to search for Creative Commons–licensed images, videos and music.
2. Google Advanced Image Search allows you to filter your search, by image size, aspect ratio, color and more. The most important thing to remember is to scroll down to the end of the search fields and choose the correct “Usage rights” option.
3. Pixabay is a website with many beautiful public domain images. Remember not to click on the sponsored links (those are not in the public domain), and you’ll find many great options.
4. Photosforclass is fantastic for the classroom. All photos are all Creative Commons licensed, filtered for appropriate images and come with an automatic citation when you download a photo.
5. Openclipart provides clipart that is all in the public domain
6. Flickr This link will take you to Flickr’s search portal. You must click on “any license” to filter for the correct license.
7. Wikipedia usually features work with Creative Commons license or those in the public domain.
8. Pics4learning states on its homepage that it offers “a curated image library that is safe and free for education. Teachers and students can use the copyright-friendly photos and illustrations for classroom projects, websites, videos, portfolios or any other projects in an educational setting.”
9. Foter has free stock photos. When choosing an image, users are guided through an attribution process that could be helpful for students.
10. Library of Congress is the government’s website of online prints and photographs.

Giving Credit Attribution

As with textual research, giving credit is always something we should teach our students. However, most students are unsure how to cite images in their projects. Though MLA or APA citations are appropriate for academic papers, these look clumsy in a project or in published media. When providing attribution, include the name of the work (if known), the name of the creator and the usage rights. Also, include hyperlinks to the creator and the Creative Commons license in the citation. Here is an example of how to cite images with hyperlinks: “Beach” by Sean MacEntee / CC BY 2.0. To download an infocard to show students how to include credit attribution, click here.

Time to Get Students Creating

In the 21st century, understanding how to properly use digital content is an essential skill. Following copyright laws isn’t difficult if students follow guidelines and use the right resources. Isn’t it time we showed them how?

Originally published on KQED's "In the Classroom" blog. Reproduced courtesy of KQED.

Creating an Environment That Discourages Plagiarism

Image Credit: Shelley Shott, Intel Free Press / CC BY 2.0

Why do students plagiarize? Most of the time it's probably due to two reasons: they don't know how to properly cite their sources or they don't know what to write.

In my English Language Arts class, my students are constantly writing. It may be blog posts, essays, or speeches. In previous years I've never had access to Turnitin to check for plagiarism, and even though my district has decided to subscribe to this service next semester, I don't plan to change my approach to teaching writing. This is because I prefer to be proactive, rather than reactive. So how do I know that my students are truly the authors of the work they call their own?

First, my students start and complete most of their writing in class. When given time to write, there is less inclination to cheat.

Second, I scaffold them throughout the writing process. If it's an essay, we brainstorm the ideas in class, and we crowdsource the evidence they need to support their opinions. I have students post their thesis statements on Schoology's discussion platform or using the "Create Question" feature in Google Classroom. Then, my students agree or disagree (respectfully, of course) by either supporting or refuting the posted thesis statement with evidence from the text. This natural dialogue helps them practice their arguments before they even start to plan the essay.

Third, my students brainstorm their essay on a mindmap. As they work, I confer with each one of them and discuss where they are going with their ideas. We use Google Slides or an essay planner on Google Docs to map out their essay. Though I could simply insert comments, I prefer to talk to them face-to-face. They appreciate the personalized attention, and I always get an appreciative "thank you" at the end of our conversations. If I run out of time in class, then I will resort to written comments.

Next, students write their essays on a Google Doc, using the information from their mindmaps or essay planner. As they write, I set up opportunities for students to give each other feedback. I instruct them on which specific criteria to focus on and how to give each other formative feedback. As they work on this, I also monitor their essays, jumping in as necessary to provide even more feedback.

After this process, students revise their essays based on comments they've received. When this draft is finished, I give them a self-assessment to complete. Then, they have the opportunity to revise their essay once more before turning it in. For each step of their writing process, I provide scaffolds and feedback for their writing.

After all the planning, drafting, and conferring in class, there is no need to plagiarize. From this point on, it'll take more work for students to look for someone else's work to copy.

If we equip our students with the skills they need, give them the time to write, provide them with our guidance, and cultivate the support of their peers, there is less incentive to plagiarize. However, I didn't take this approach to teaching writing because of plagiarism. I use this method because I believe in scaffolding and giving my students the tools they need to succeed. The decline of plagiarism was just a byproduct of this approach to writing instruction.

Are You Teaching Your Students to be Unintentional Plagiarists?

"Gasp" by Halimae / CC BY 3.0

Sometimes plagiarism is intentional. Sometimes it's not. But neither are acceptable. 

During the year, my students spend a good deal of time learning to cite evidence and identifying their sources when writing essays or research-based speeches. However, do students apply this practice when creating other types of content? Do they understand that when they reuse someone else's creations (images, videos, etc.) without permission that they may be plagiarizing and violating copyright laws? Do teachers know this?

How does this apply to nontraditional forms of classroom writing? All of my students have their own blogs, and some enjoy writing posts about their favorite athletes or a game they just watched. They often incorporate facts they read from other sources, but they fail to identify where they found this information. This is when my students forget the concept of plagiarism. Perhaps this is because they don't associate blogging with academic writing since blogging isn't commonly taught in schools. However, this is still not okay.

Some educators are guilty of the same mistake. I know I used to be. When we are looking to spice up our lessons, we may search for ideas on the Internet. Sometimes we come across a great idea and a lesson is born. But how many are actually acknowledging that their lessons originated from someone else's hard work? Sure, ideas are not copyright protected, and we're not breaking any laws. (Unless we are lifting words and content from someone else's work and reusing that for our own needs without the consent of the creator. Then, yes, that is illegal.) 

We need to remember that plagiarism is the act of appropriating another person's idea without credit attribution regardless of the purpose behind our actions. This may not always fall under the jurisdiction of the law, but it does under the court of ethics.

In my "9 C's of Digital Literacy," I pointed out that we should be teaching about character when teaching digital literacy. I believe that we should be encouraging our students to be advocates of ethical practices even if not legally required.

So now I make it a point to include either of the following sentences on my assignments if the situation applies: "This lesson was inspired by _____" or "This lesson idea originated from ______" with a link to this person's work.

If we want to teach our students to do the right thing, shouldn't we be modeling these behaviors as well? It takes so little effort to acknowledge another person for his or her hard work. Isn't it time we started? Sometimes the best lessons are the ones we don't explicitly teach, and many times those are the ones that leave the biggest impact on our students.

Do You Really Have the Right to Use That?

"Copyright Symbol" by Mike Seyfang / CC BY 2.0

Most students, and even educators, don’t think twice about copying and redistributing content created by other individuals, not realizing that they may be in violation of copyright laws. As of March 1, 1989 all creations (text, images, videos, etc.), automatically receive this protection even if the creator never formally files for copyright status.

In this post, I’ve put together a quick guide to help educators better understand this concept and to help them teach students the need to respect the work of others.

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Quick Guide to Copyright, Fair Use & Public Domain

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Copyright

• Only expressions of ideas are copyright protected. (However, appropriating someone else's idea without credit attribution is plagiarism.)
• As of March 1, 1989, all work is copyright protected the moment it is created.
• Copyright registration is not required to copyright a creator’s work. (It is, however, helpful in ligation cases to establish proof of copyright.)

What fair use usually allows (however, there are exceptions)

• Criticism and comments
• News reporting
• Research and scholarship
• Nonprofit educational uses
• Parody
• Noncommercial uses

Does it qualify under Fair Use?

It depends on how you use the work. Each case is unique, and there is no guarantee that the courts will rule in your favor. These are the questions usually considered in a court of law when determining fair use.

• Is this an entirely new creation?
• What is the purpose of using this work?
• Will you be competing with the creator of the original work?
• How much of the original work are you using? (You can only reproduce a small portion of the work.)
• What quality and essence of the original work are you using? (There is no magic percentage that protects you under Fair Use. If it is the “heart and soul” of the work, even reproducing a tiny fraction of the work could be considered a violation of copyright laws.)

How to Determine If a Work Is in the Public Domain (United States Only)

The table below is created from information published by Stanford University Libraries’ “Welcome to the Public Domain.”

Publication	In the Public Domain
Work published before 1923	Yes
Work published between 1923 and 1963	Work has copyright status for the first 28 year, but has to be renewed to retain copyright status
Work published between 1993 and February 28, 1989	If the work has no copyright notice and “the law has not made an exception for its omission, then the work is the public domain.”
Work created by the government	Usually

Sources

"Taking the Mystery Out of Copyright (Library of Congress)." 2007. 15 Feb. 2015

"The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable." 2011. 28 Jan. 2015

"Welcome to the Public Domain - Stanford Copyright & Fair Use." 2013. 25 Jan. 2015

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This guide cannot be substituted for legal advice and should not be construed as such. The information contained herein is based on the works cited above.

The 9 C's of Digital Literacy

Today, at my keynote for the California League of Schools Annual Conference North, I will be discussing what I perceive to be the 9 C's of Digital Literacy and how to integrate these skills in a Common Core classroom.

We all know that our digital natives are very at ease with technology. In fact, they’re in love with it, but does that automatically make them digital proficient?

When I originally pondered this question, I began to realize that the 5 C's often discussed in education today - communication, collaboration, creativity, critical thinking, and citizenship - needed to be expanded to include these other areas as well: curation, copyright, character and connectedness. I believe that these digital literacy skills are essential for success in today's modern world. It’s more important than ever for educators to teach students how to become digitally literate so that they will be successful in their lives and careers.

To share the "9 C's of Digital Literacy" on Twitter, click here. To download a PDF copy, click here.