Lisa CarlsonLIS 524Module 6

I had the television on to MSNBC recently, and although I wasn’t paying complete attention, something caught my ear. The host had a guest on and the discussion was about Facebook and privacy. The guest said, “if you’re not paying for it, you’re the product.” Facebook obviously makes a lot of money, but if they’re not getting it from the users - there’s no subscription or user fees - it’s coming from somewhere else. Users are sold to advertisers. I suppose that’s something I already knew, but I liked the concise way the man on the TV put it. A day or two after briefly catching this conversation on the TV, I read the readings for this module. After reading about COPPA, I started thinking again about that guy on MSNBC. So I did some internet searching. I came across an article that mentioned that part of the COPPA law had changed. When I read the COPPA article initially, it struck me that it was written in 1998. I was impressed. I remember 1998, and I remember not using the internet much at all. I had the internet at the radio station in Rowell, NM, where I worked, but it was only on one computer, and we only used it for work related things. We had a subscription to a site that gave us content like music news, celebrity gossip, jokes, contest questions, etc. I also had an email account, but only a couple of friends I communicated with through the internet. Now, 1994 was probably the very first time I saw the internet and it had sure come a long way by 1998, but it was still nascent compared to what it is now. So the idea that someone had identified children’s privacy issues was impressive. But the internet has evolved and grown dramatically since the COPPA law came out, and it turns out that the law has undergone some changes. This was the topic of the article I found. The article concerned Facebook. A change in the law says that “no notice or parental consent will be required if a website uses children's data ‘for the sole purpose of supporting the website or online service’s internal operations, such as contextual advertising, frequency capping, legal compliance, site analysis, and network communications’” (Fitzpatrick). The “contextual advertising” is the important part here. I’ve learned what that means: in “contextual advertising,” ads are tailored to the content of the web page, while in “behavioral advertising,” ads are targeted to you based on lots and lots of data collected about you over time as an internet user. That kind of data gathering is still illegal under COPPA. In the end, the articles, the MSNBC guy, the web search, all combined to illustrate how massive and complicated the internet is and how difficult it is to ensure anyone’s privacy, especially children. What’s also interesting is the broader issue of internet safety for children. On the day I started working on this module, I was in Jamestown High School’s videography class (where I’ve been helping out one block per day.) The students are doing video public service announcements, and one team chose the topic of cyber-bullying. In our chat about the subject, I mentioned the TV show To Catch a Predator in which host Chris Hansen and his investigative team catch pedophiles by luring them to homes through internet chats with decoys posing as teens and pre-teens. The student’s hadn’t seen the show. That really surprised me! So I told them what it was about and they were amazed. In their investigation of cyber-bullying, they’re really finding out that people on the internet may not be who they portray themselves to be. My big surprise was

that this isn’t common knowledge! Internet safety is a huge issue, and I was surprised that these 9th graders still needed to be educated on some of these things. I expected internet safety instruction to be geared to earlier grades. There are a lot of great checklists that are great resources for developing lessons on internet safety. The big issue I’m confronting right now in this class, though, is copyright. I’ve worked in this class before, and the program has been going on for about 12 years or more. The teachers give lessons on copyright, but they generally let the kids use any media they want in their videos. We find ways to record material or get it off the internet and the students use whatever they want. The blanket excuse was “fair use” because it’s a school setting. The project they’re working on now, however, is a little different. A local drug abuse prevention group is offering $500 for the best student-produced public service announcement for television. The local cable company is offering to air the PSA, too! So, this changes things. There cannot be any copyright infringement in a spot that’s going to be actually aired on TV. Just the other day, I was helping a student find a song for his video. He wanted a particular piece of classical music, and we couldn’t find it anywhere online for free. Ordinarily, I’d just buy the song in iTunes and transfer the file...voila! But in reading up on copyright, I learned that even though the song itself, being very old, is in the public domain, the arrangement or performance may not be. Another group is taking photos off the internet for their production...ordinarily not a big deal, but again, how do we know these are not protected by copyright? It’s easy to assume that if someone puts a picture on the web, then they must be OK with people downloading it, and that’s just not true. But when these student projects are confined to the classroom, the teachers are pretty lax about copyright use. I’d studied copyright before (years ago when I started working with this group) and one of the most important points was the ability to justify the use of copyright materials with pedagogy. Teachers need to be able to make strong connections between learning objectives and multimedia projects students are doing. Years ago, I was at an event and overheard three teachers talking. How the subject of copyright came up is unimportant, what was significant was their strong reluctance to every use copyrighted material in their classes. “Strong reluctance” is too mild...copyrighted materials were like poison to them. They were terrified. This isn’t surprising, since it was only maybe five years earlier that The Recording Industry Association of America sued 261 men, women, and children for copyright infringement by sharing songs on peer-to-peer file sharing networks (RIAA). I wanted to reply to these teachers and ease their minds, but in truth, I didn’t know enough about the issue yet. A few years later, I watched (and downloaded and saved) a video by Hall Davidson, Director of the Discovery Educator Network, and the words I had wished I’d had in that event with the three teachers came out of his mouth:

Of course he’s taking about “fair use,” and that’s the blanket with which the teachers at JHS’s videography cover themselves. But, unfortunately, “fair use” isn’t a free-for-all. He says:

“Copyright is actually a friend of education. It was created to promote the use of many good things in society, especially including education. Fair use exemptions in section 107 are to remove obstacles to the teachable moment. They are for teachers. So copyright, although it can seem like a burden can actually support good practice in a classroom” (Davidson)

How it works is the “4 factors” I used in my brochure. My brochure is pretty simple. The Fair Use Checklist included in this module is much more comprehensive, and I’d very likely use that in a classroom. My brochure is more pared down. I would have liked to include many of the details from the checklist: 30 seconds of a musical composition, no more than 5 images by a single photographer, etc. This is where it gets confusing. This is where the law seems more restrictive than Davidson says. Copyright, “fair use” specifically, is not an easy thing to get a firm grasp on. I think the biggest take-away for educators is to make sure that they can defend their use of copyright materials with strong pedagogy.

Works Cited

Davidson, Hall, perf. Copyright for Educators. 2008. KOCE-TV. Web. 11 Mar. 2010.

Fitzpatrick, Alex. "New COPPA Rules Will Allow Facebook to Advertise to Children." Mashable. N.p., 19 Dec. 2012. Web. 13 Oct. 2013. <http://mashable.com/2012/12/19/coppa-facebook/>.

RIAA v The People. A Harmon - New York Times, 2003 - business.library.wisc.edu

“The truth is that copyright is more evasive than that. Copyright is a wonderful kind of law that is deliberately kept kind-of vague. Blurry, because it has an overarching purpose in society to do good, and the court likes to hold power back to say ‘this is a good application, this is not a good application.’ It’s not as complicated as it sounds, but you do have to have an understanding of how it works.” (Davidson)

Brief Summary of understanding of COPPA/CIPA

1. COPPA is a law that requires website operators post their policy on their use of children’s (under 13) personal information. A chief concern is preventing websites from using that information to target children for marketing.

2. The law is meant to give parents more control, but it is not the same as a filter which would prevent objectionable content from being seen by children on the internet.

3. The FTC can determine what constitutes a website “directed at children.”

4. The Rule applies to information voluntarily given.

5. Violators face a fine of up to $11,000 per violation.

To learn the difference between COPPA and CIPA, I did a web search and found another law that falls into the same realm, CPPA.

Here’s a brief description of the three from the American Library Association.

1. CPPA- Child Pornography Prevention Act.A federal law to restrict child pornography, including virtual pornography in which images that appear to depict children but do not, including images of youthful-looking adults or images that are computer-generated would be illegal.legally adult but young looking Expanded the definition of child pornography, but met with some constitutional challenges. Parts were overturned for being too broad and encroaching on the First Amendment.

2. COPA- Child Online Protection Act.COPA prohibits the transmission of any material over the Internet deemed “harmful to minors,” if the communication was made for a commercial purpose.

3. CIPA- Children's Internet Protection Act.Requires libraries and schools to install filters on their Internet computers to retain federal funding and discounts for computers and computer access. This was also challenged for constitutionality, but the law was upheld.

Work Cited"CPPA, COPA, CIPA: Which Is Which?" American Library Association. N.p., n.d. Web. 14 Oct. 2013. <http://www.ala.org/offices/oif/ifissues/issuesrelatedlinks/cppacopacipa>.

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Copyright for student multimedia projects

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The "Public Domain"

Where is the public domain? The public domain is not a place. A work of authorship is in the “public domain” if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.

But wait! It's not that simple.

For example, a sound recording may involve three copyrights: one for the music

score, one for the recording of the music and a third for the arrangement. It is possible for the music

score to be in the public domain but the arrangement to be under copyright.

Are you using digital material downloaded from the internet for your multimedia project?

Access to works on the Internet does not automatically mean that these can be reproduced and reused without permission. On Google images, on Youtube, or anywhere else, you'll find a mixture of copyrighted works, works in the "public domain," and works that are permissible to use because they have been licensed through the "Creative Commons."

Resources from the web may not be reposted onto the Internet without permission.

Copyright and the internet

Download the entire law at www.copyright.gov

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What is copyright law? !

These Guidelines shall not be read to supersede other preexisting education fair use guidelines that deal with the Copyright Act of 1976.!!

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Under United States law, authors, musicians, artists, and other creators of original works are legally protected under copyright law. Copyright owners have the right to reproduce, prepare derivative works, distribute, perform, display, transfer ownership, rent or lend their creations. This means that if you want to use another person's work in your multimedia project, like part of a movie, or someone else's photographs or songs, you have to have their permission. !

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However, Section 107 of the law contains a list of various purposes for which the reproduction of a particular work may be considered

Section 107, the “Fair Use” clause of Copyright Law, says that sometimes it is OK to use copyrighted material. Situations like creating a multimedia project for a school assignment is one of them.

"Fair Use" "fair use."!

4 factors the law looks at when determining if your use of copyright material is “fair.” 1. The purpose of your project using copyright material is educational. Youʼre not making money from your use of the material, and youʼre not going to distribute it to the public. 2. Works that are factual in nature like scientific articles, published reports, historic photos, or news items are more likely to be considered fair use than creative, imaginative, or artistic works. 3. Youʼre only using a little bit of the work. The less you use of a copyrighted work, the more likely it is that your use will be considered fair use. However, if the small portion used is considered the “heart of the work” the use may not qualify as fair use. 4. Are you hurting the copyright ownerʼs ability to make money from his or her work? If your use results in economic harm to the copyright holder, you may not qualify for the fair use exemption.

Important Notes

1. Proper attribution and credit with citations to sources must be noted for all copyrighted works included in all multimedia programs prepared by educators and students, including those prepared under fair use.

2. must include on the opening screen of their multimedia program and any accompanying print material a notice that certain materials are included under fair use exemption of the U.S. Copyright Law and have been prepared with the multimedia fair use guidelines and are restricted from further use.

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