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Grade Level Pre-K

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Enacted by congress in 2000, CIPA addresses concerns about children having access to harmful content on the internet. Through CIPA, there are certain requirements on schools/libraries that receive discounts for internet access or internal connections through the E-rate program.

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Family Educational Rights and Privacy Act

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Under Section 107 of the 1976 Copyright Act, the Fair Use Doctrine allows for limited use of copyrighted works without obtaining permission, particularly for purposes such as teaching, scholarship, or research.

This means teachers can use small amounts of copyrighted materials in the classroom if it is for teaching purposes

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Student Privacy 101:  FERPA for Parents and Students

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Children’s Online Privacy Protection Act

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What is the Family Education Rights and Privacy Act (FERPA)?

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The Classroom Use Exemption, enhanced by the TEACH Act, permits the performance and display of copyrighted works in face-to-face teaching activities at nonprofit educational institutions, as long as the materials are lawfully obtained and used for instructional purposes.

This exemption is for IN PERSON classes.

This law gives teachers more freedom to use copyrighted materials for educational purposes.

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Student Privacy 101: FERPA: What Educators Need To Know

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Copyright and Fair Use Guidelines for Teachers and Schools

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When using copyrighted works in the classroom, know what you can legally use, and when and how. Here are important copyright laws that apply to teachers.

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Chart of Copyright and Fair Use Guidlines

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Chart of Copyright and Fair Use Guidlines

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https://www.scoe.org/blog_files/copyright_chart.pdf

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First U.S privacy law written for the internet 

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First U.S privacy law written for the internet 

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In the first half of 2019, with Google rolling out a new set of developer policies, the U.S. children’s privacy law COPPA drew great attention among the developer community, and they react with prompt reflections upon their practices concerning children. So, what does COPPA regulate, and how does it affect developers? In this article, let’s find out.

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Internet Filtering

schools and libraries that receive E-rate funding must install filters to block access to obscene online content.

Internet Safety Policies

institutions must have policies that address the online safety and security of minors

Monitoring Online Activity

schools must monitor students internet usage

Educational Programs

schools must educate students on responsible online behavior

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FERPA is the Family Educational Rights and Privacy Act. FERPA is responsible for protecting the information of students and giving parents control over how student information is used.

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Violation: Copying entire Dr. Seuss books and passing them out to the class.

Why? : The law only allows limited portions of copyrighted materials to be shared in a classroom... not entire books.

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Sets certain rules for operators of websites or services that are directed for children under the age of 13

The rule requires a notice to the parents and consent from the before collecting, using, or disclosing personal information of the child

Parents must also be able to review, prevent, and stop the collection of certain information from their child

Requires operators to secure data collected from the children

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https://www.youtube.com/watch?v=ruV2qn7xyU0

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Fair Use of Copyright Law explained by Purdue

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Fair Use of Copyright Law explained by Purdue

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https://www.lib.purdue.edu/uco/fair-use

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Fair use is one of the exceptions in copyright which allows use of copyrighted materials without obtaining permission as long as the use can be considered fair.

There is a four-factor analysis which must be applied to each use to determine whether the use is fair. Each factor is given equal weight. The goal is to achieve a balance between the rights of the copyright holder with the rights of the public. Fair use is also technologically neutral so the same analysis may be applied to any medium.

It is important that the four factors be understood and applied diligently. Should someone claim that their copyright has been infringed, the court can reduce the amount of money damages if the alleged infringer can show that they understood the fair use analysis and made a good faith determination that their use was fair.

Purpose and Character

The first factor addresses the character and purpose of the use of the work. The uses under Tipping Factor when combined with any of the uses in the Favors Fair Use column strengthens the balance in favor of fair use.

Nature of the Work

The second factor looks at the creativity of the work. Creative works have more protection than factual ones, so the more creative a work is the less likely the use will be considered fair under this factor.

Fair use tends to favor published works more so than unpublished works. The rationale for this is that authors should be able to decide when to publish their work.

Amount

The third factor looks at the amount of the work that is being used. A small amount generally weighs in favor of fair use where a large amount would weigh more in favor of requesting permission. However, there are times when the use of even a small amount of a work can be too much if it can be considered the heart of the work. There are many published guidelines by various groups with specific amounts recommended, but they can be misleading. They can provide a false sense of security. Purdue University neither recognizes nor endorses any such guidelines. There is no magic number or formula which determines an acceptable amount.

Favors Fair Use

Small amount

Amount used is not significant to work

Favors Permission

Large amount

Amount used is heart of work

Market Effect

The fourth factor takes into account how the intended use would impact the market for the work. Generally, the more restricted the use, the less impact on the market. The use of some works such as standardized tests or workbooks are very rarely found to be fair use because the works are considered consumables which are meant to be purchased.

Favors Fair Use

No major impact

Licensing/permissions unavailable

Limited/restricted access to work

User/institution owns legal copy

Favors Permission

Major impact

Licensing/Permissions available

Work is made available to the world

Use is repeated or long term

Fair Use Analysis

The Analysis below can help frame the fair use questions. It is only to be used as a guide and not as a definitive legal answer to fair use. Every fair use analysis is based upon specific unique facts to a situation. Only the user can make a fair use determination since they will be the one to assume the legal risk.

The more factors that favor fair use, then the stronger the fair use argument is should there be a challenge. If the balance weighs in favor of fair use, then the work can be used without permission. However, if the balance weighs against fair use and other exceptions do not apply, then permission must be obtained to use the work. Please be aware that all educational use is not automatically fair use. The fair use analysis must be applied to each use of a work. Fair use is technology neutral, so the analysis may be used for any medium.

Disclaimer

The information presented on this website is for informational purposes only, and nothing on this website should be construed or relied upon as legal advice.

Accessibility Statement

Purdue recognizes that all students, faculty and staff should have full access to all aspects of the university's digital properties. To request accommodations or special assistance due to a disability, please contact us.

Address

Purdue University
University Copyright Office
504 Mitch Daniels Blvd.
West Lafayette, IN 47907-2058

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The role of the Purdue University Copyright Office is to provide information and guidance on using copyrighted works for teaching and research, as well as advising on the creation of copyrighted works to Purdue University faculty, staff and students.

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What Is The Children's Internet Protection Act? - SecurityFirstCorp.com

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A teacher ask her students to create a Kahoot account for class by putting in their name and email without letting the parents know.

This is a violation of COPPA because no parental consent was gathered before they created their account which used their personal information.

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Transcripts

Social Security

Children's School Records (Discipline, Grades, Teacher Feedback)

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FERPA - Student Record Access and Confidentiality

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This policy addresses Thomas Jefferson University’s adherence to the Family Educational Rights and Privacy Act (FERPA) of 1974 and includes references to all educational records, the processes to ensure timely and appropriate access by students to their own records, and security measures to ensure that student records remain confidential, as required, with the exception of directory information.

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Using non-compliant education tools

A teacher uses a social media platform or game that is a not COPPA-compliant

If the website collects personal date like location, age, or email address without parental consent it violates COPPA

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E-Rate funding is a program that provides discounts on telecommunications, internet access, and internal connections for schools and libraries.

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Who qualifies for E-rate program funding? 

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Who qualifies for E-rate program funding? 

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According to FCC regulations, "E-rate" funding is available to eligible schools and libraries that are not for-profit businesses and do not have endowments exceeding $50 million; essentially, most public and many private K-12 schools and public libraries qualify for E-rate funding

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A student teacher is grading tests, for one of their assignments they must collect data for a project from their college. What they failed to do was ask for consent and they violated FERPA because they released student records without consent from a parent or guardian.

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A student is allowed to use a computer to search up images of polar animals. On accident, the student clicks on an ad that leads them to an inappropriate website.

Why is this a violation?

The school has failed to implement web filtering, which allowed the student to successfully access an inappropriate website through an ad