With so much information on the Internet it is almost no trouble for a student to look up a previously typed and graded paper to turn in under their name. Plagiarism, the act of calling someone elses' work one's own without accreditation or citation, is rampant. According the a study done by the Josephson Institute center for Youth Ethics in 2008, "36 percent of high school students used the Internet to plagiarize an assignment" (Maloy 133). Some plagiarism is accidental;(e.g. a student may find a source on the Internet and not realize that the information belongs to someone else or use a quote, fact, or statistic without knowing they need to cite it). This is not willful disobedience but a lack of education. If adults have a hard time understanding copyright laws then certainly students do as well. Educator James McKenzie lists seven ways for teachers to steer their students away from plagiarism by urging the students to think critically about subject matter instead of asking them to report established facts. His steps include discouraging trivial pursuits, requiring and enabling students to construct answers, assessing student progress throughout the entire research process, and of course, stressing citation ethics (Maloy 134).
When teachers use digital media in the classroom they may unintentionally set the stage for piracy. Yes, PIRACY! Feathered hats and pegged-legs aside, the using and sharing of digital material without permission has gotten a lot of attention. As digital material becomes easier to share it is not only people with two VCR's hooked up to one television who are illegally sharing these materials. Technically, a person who receives a legitimate digital copy of a book and then gives a copy to a friend while retaining their original copy has committed digital piracy. Is a teacher, then, pirating when they print out a webpage to distribute as a handout to the class?
First, assuming the teacher is not using material from an educational website designed to provide educators with lesson plans, handouts, or discovery information (such as Berkley's "Hands On Universe") and always assume the material to be copyrighted even if it does not explicitly state so. A teacher may use copyrighted material from the Internet without seeking permission from the author as long as the purpose is "fair use". How does a teacher determine if the use of the digital material is "fair use"? Unfortunately a few legal definitions are required:
"Section 107 in Title 17 of the United States Code states that the following uses are not infringement of copyright: the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section [106], for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." ("Limitations on Copyright").
"Section 110(1) of the United States Copyright Law makes special provision for displaying images, playing motion pictures or sound recordings, or performing works in classes. You may display or perform a work in your class without obtaining permission when your use is for instructional purposes; in face-to-face teaching; and at a nonprofit educational institution" (Hoon4).
ARRR Teachers pirates? |
First, assuming the teacher is not using material from an educational website designed to provide educators with lesson plans, handouts, or discovery information (such as Berkley's "Hands On Universe") and always assume the material to be copyrighted even if it does not explicitly state so. A teacher may use copyrighted material from the Internet without seeking permission from the author as long as the purpose is "fair use". How does a teacher determine if the use of the digital material is "fair use"? Unfortunately a few legal definitions are required:
"Section 107 in Title 17 of the United States Code states that the following uses are not infringement of copyright: the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section [106], for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." ("Limitations on Copyright").
"Section 110(1) of the United States Copyright Law makes special provision for displaying images, playing motion pictures or sound recordings, or performing works in classes. You may display or perform a work in your class without obtaining permission when your use is for instructional purposes; in face-to-face teaching; and at a nonprofit educational institution" (Hoon4).
To make these easier to understand Peggy Hoon, J.D. at University of North Carolina, Charlotte, created a useful "Frequently Asked Questions" about copyright law as a way for teachers to avoid the vast tangle of digital copyright laws and use a few steps to determine if the digital material can be used in the classroom. (Link opens to PDF).
Humor can break the H2O(s). |
Active education about plagiarism and what is acceptable citation is necessary to prevent purposeful or accidental misuse of content by students. This may require the teacher reminding students either in writing or verbally each time an assignment is given that requires the use of digital material. Another alternative is to construct assignments that require the students to do the same information gathering and research as they would for a regular research assignment but then present their findings and conclusions in a manner that precludes the ability to recite plagiarized facts altogether! One such method posed by Maloy is to have the students condense the material and conclusions into a political cartoon that summarizes a political candidate's stance on a particular issue (Maloy 134).
By being mindful of the digital material presented in the classroom, and actively guiding students to citation and creative presentation methods, a teacher can incorporate interesting and relevant digital media into the classroom to expand the efficacy and interest of the lesson while subtly reinforcing ethical behaviour.
Citations:
Hoon, Peggy. "Using Copyrighted Works in Your Teaching—FAQ: Questions Faculty and Teaching Assistants Need to Ask Themselves Frequently" J.D. Washington DC: Association of Research Libraries. KnowYourCopyrights.org. 2007. Web. 20 Sep. 2012. <http://www.knowyourcopyrights.org/bm~doc/kycrfaq.pdf>
Maloy, Robert W., et al. Transforming Learning with New Technologies. Boston: Pearson, 2011. Print.
Marble Public Library, "Arggghhhh--Pirates". Web. 31 Oct. 2012. <http://marblelibrary.blogspot.com/2012/01/arggghhhh-pirates.html> (
*Image Source)
*Image Source)
Pacific University of Oregon, "Limitation on Copyright". Web. 20 Sep. 2012. <http://www.pacificu.edu/policies/copyright/limitations/Section110.cfm>