COPYRIGHT LAW IN THE

EDUCATIONAL SETTING

MICHAEL E. MANANGHAYA
• Copyright User:
You have the responsibility to ensure that you have rights to use
all copyrighted works you incorporate into your own materials.
• Copyright Owner:
You should ensure proper protection of your own rights in the
original works you create.

COPYRIGHT LAW
• The Copyright Act provides a bundle of rights that protect the
owner’s expression of original ideas created and fixed in a tangible
medium.
• The Act does NOT protect the facts contained within the work or the
ideas themselves.

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Copyright protects the
owner’s exclusive rights to
...
• reproduce . . . an original or derivative
• prepare derivative work created and fixed in a
works
• distribute/sell tangible medium of
• display expression.
• perform
• license

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• literary works
• musical works
• dramatic works, including any • . . . including web pages and
accompanying music
• pantomimes and choreographic
multimedia works and their
works incorporated materials, such as
• pictorial, graphic, and sculptural lecture notes, course materials,
works
• motion pictures and other
outlines, papers, assignments,
audiovisual works practice problems, forms, etc.
• sound recordings
• architectural works

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• A copyright owner is usually any author who contributes original
expression to a work.
• Under current University policy, ownership of copyrighted works created
by University employees depends on the nature of the work and the
category of employment.
• Faculty and non-faculty employees who create “Traditional Works or Non-
Directed Works” shall own the work unless it is a “Traditional Work or
Non-Directed Work Involving Exceptional Use of University Resources,” a
“Directed Work,” a “Sponsored or Externally Contracted Work,” or a “Work
for Hire”

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•Copyright is automatic when the work is first
written down, recorded, painted, entered into a
computer’s memory, or fixed in any medium.
•Advisable, but not required, to affix prominent
notice: copyright symbol ("©," (c),"or "Copr."), date
of first publication, and owner’s name.

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• An individual is generally liable for his or her own
violation of another’s copyright.
• However, the University may be held liable for
infringement by an employee or student if it has the
right and ability to supervise the infringing action and
has an obvious and direct financial interest in the
exploitation of the copyrighted material.
• Infringement may result in civil damages or even
criminal penalties.

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• You may use copyrighted material only under one of the
following circumstances:
• Fair Use - Allows certain use of copyrighted materials
without permission
• Permission - Requires written authorization from owner
• License - Requires entering into a license agreement
with the copyright holder
• Assignment - Transfer of intellectual property rights in a
particular work

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1. Purpose and character of the use - a use is more
likely to be interpreted as "fair use" if it is:
• transformative (significant value added)
• for nonprofit educational purposes

NOTE: Teaching, scholarship, or research may meet this

first factor, but other factors must still be considered!

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2. Nature of the copyrighted work - a use is more
likely to be interpreted as "fair use" if the nature of
the material is:
• published
• factual

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3. Amount and substantiality of the portion used - a
use is more likely to be interpreted as "fair use" if the
amount of the material used is:
•a small amount in relation to total work
• of minimal qualitative substance

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4. Market effect of the use of the copyrighted work -
a use is more likely to be interpreted as "fair use" if
it:
•has a minimal market effect
•is not widely distributed (e.g., beyond classroom
use, or on the Internet)

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If your intended use exceeds the rights allowed under the "fair
use" exception to the copyright laws, you might
obtain permission by:
• Identifying and contacting the owner, publisher,
or collective rights organization; and
• Submitting a detailed written request, including:
• method(s) of anticipated use (e.g., copy, quote, digital incorporation)
• purpose(s) of anticipated use (e.g., educational multimedia, web page)
• scope of distribution or publication (e.g., to limited audience vs.
widely on the Internet)

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• Digital information is often subject to a license.
• A license gives a licensee limited permission to access and use
the information only under the terms and conditions of the
license agreement.
• A software license is often an "End-User License," which
accompanies a computer system and restricts rights to
installation and use on that computer only.
• You may try to negotiate terms of a license to allow all of your
anticipated uses of the work by contacting the licensing agent.

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• An assignment is a transfer of all or part of the intellectual
property rights in a particular work.
• The assignee becomes the owner of specified rights in the
work with or without limitations.
• An assignment of rights might be most appropriate in
collaborative works, in which there are a number of
contributors

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Top 10 Internet Safety Rules &
What Not to Do Online

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1. Keep Personal Information Professional and Limited

Potential employers or customers don't need to know your

personal relationship status or your home address. They do
need to know about your expertise and professional
background, and how to get in touch with you. You wouldn't
hand purely personal information out to strangers
individually— don't hand it out to millions of people online.

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2. Keep Your Privacy Settings On

Marketers love to know all about you, and so do hackers. Both can learn a
lot from your browsing and social media usage. But you can take charge of
your information. As noted by Life hacker, both web browsers and mobile
operating systems have settings available to protect your privacy online.
Major websites like Facebook also have privacy-enhancing settings
available. These settings are sometimes (deliberately) hard to find because
companies want your personal information for its marketing value. Make
sure you have enabled these privacy safeguards, and keep them enabled.

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3. Practice Safe Browsing
You wouldn't choose to walk through a dangerous neighborhood—
don't visit dangerous neighborhoods online. Cybercriminals use
lurid content as bait. They know people are sometimes tempted by
dubious content and may let their guard down when searching for
it. The Internet's demimonde is filled with hard-to-see pitfalls,
where one careless click could expose personal data or infect your
device with malware. By resisting the urge, you don't even give the
hackers a chance.

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4. Make Sure Your Internet Connection is Secure. Use a
Secure VPN Connection
When you go online in a public place, for example by using a public Wi-Fi
connection, PCMag notes you have no direct control over its security.
Corporate cyber security experts worry about "endpoints"—the places
where a private network connects to the outside world. Your vulnerable
endpoint is your local Internet connection. Make sure your device is
secure, and when in doubt, wait for a better time (i.e., until you're able
to connect to a secure Wi-Fi network) before providing information such
as your bank account number.

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5. Be Careful What You Download

A top goal of cybercriminals is to trick you into downloading

malware—programs or apps that carry malware or try to steal
information. This malware can be disguised as an app: anything
from a popular game to something that checks traffic or the
weather. As PCWorld advises, don't download apps that look
suspicious or come from a site you don't trust.

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6. Choose Strong Passwords
Passwords are one of the biggest weak spots in the whole Internet
security structure, but there's currently no way around them. And the
problem with passwords is that people tend to choose easy ones to
remember (such as "password" and "123456"), which are also easy for
cyber thieves to guess. Select strong passwords that are harder for
cybercriminals to demystify. Password manager software can help you to
manage multiple passwords so that you don't forget them. A strong
password is one that is unique and complex—at least 15 characters long,
mixing letters, numbers and special characters.

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7. Make Online Purchases From Secure Sites
Any time you make a purchase online, you need to provide
credit card or bank account information—just what
cybercriminals are most eager to get their hands on. Only
supply this information to sites that provide secure, encrypted
connections. As Boston University notes, you can identify
secure sites by looking for an address that starts
with https: (the S stands for secure) rather than
simply http: They may also be marked by a padlock icon next to
the address bar.

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8. Be Careful What You Post
The Internet does not have a delete key, as that young candidate
in New Hampshire found out. Any comment or image you post
online may stay online forever because removing the original (say,
from Twitter) does not remove any copies that other people
made. There is no way for you to "take back" a remark you wish
you hadn't made, or get rid of that embarrassing selfie you took
at a party. Don't put anything online that you wouldn't want your
mom or a prospective employer to see.

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9. Be Careful Who You Meet Online

People you meet online are not always who they claim to be.
Indeed, they may not even be real. As InfoWorld reports, fake
social media profiles are a popular way for hackers to cozy up
to unwary Web users and pick their cyber pockets. Be as
cautious and sensible in your online social life as you are in
your in-person social life.

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10. Keep Your Antivirus Program Up To Date

Internet security software cannot protect against every threat,

but it will detect and remove most malware—though you
should make sure it's to date. Be sure to stay current with your
operating system's updates and updates to applications you
use. They provide a vital layer of security.

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 What is Cyberbullying?

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- This law finds applicability in school-related bullying, student-
student bullying in particular, which covers those uttered in social
media.
- Bullying, as defined, refers to any severe or repeated use by one or
more students of a written, verbal or electronic expression, or a
physical act or gesture, or any combination thereof, directed at
another student that has the effect of actually causing or placing the
latter in reasonable fear of physical or emotional harm or damage to
his property; creating a hostile environment at school; infringing on
the rights of another; or materially or substantially disrupting the
education process. (Sec. 2, RA 10627)
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- These acts are collectively called “cyber bullying” when
committed online. (Sec. 2-D, RA 10627) This covers social
bullying aiming to belittle another individual or group or gender-
based bullying that humiliates another on the basis of perceived
or actual sexual orientation and gender identity. (Sec. 3, B-1, RA
10627, Implementing Rules).

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- These acts are collectively called “cyber bullying” when
committed online. (Sec. 2-D, RA 10627) This covers social
bullying aiming to belittle another individual or group or gender-
based bullying that humiliates another on the basis of perceived
or actual sexual orientation and gender identity. (Sec. 3, B-1, RA
10627, Implementing Rules).

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Cyberbullying -“Cyber- bullying” or any bullying done
through the use of technology or any electronic means.
The term shall also include any conduct resulting to
harassment, intimidation, or humiliation, through the use
of other forms of technology, such as, but not limited to
texting, email, instant messaging, chatting, internet, social
media, online games, or other platforms or formats as
defined in DepED Order No. 40, s. 2012; and

COPYRIGHT LAW
The most common places where cyberbullying occurs are:
• Social Media, such as Facebook, Instagram, Snapchat, and
Twitter
• SMS (Short Message Service) also known as Text Message sent
through devices
• Instant Message (via devices, email provider services, apps,
and social media messaging features)
• Email

COPYRIGHT LAW
- With the prevalence of social media and digital forums,
comments, photos, posts, and content shared by
individuals can often be viewed by strangers as well as
acquaintances.
- The content an individual shares online – both their
personal content as well as any negative, mean, or hurtful
content – creates a kind of permanent public record of
their views, activities, and behavior.

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- This public record can be thought of as an online
reputation, which may be accessible to schools, employers,
colleges, clubs, and others who may be researching an
individual now or in the future.
- Cyberbullying can harm the online reputations of
everyone involved – not just the person being bullied, but
those doing the bullying or participating in it.

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Cyberbullying has unique concerns in that it can be:
• Persistent – Digital devices offer an ability to immediately and
continuously communicate 24 hours a day, so it can be difficult for
children experiencing cyberbullying to find relief.
• Permanent – Most information communicated electronically is
permanent and public, if not reported and removed. A negative
online reputation, including for those who bully, can impact college
admissions, employment, and other areas of life.
• Hard to Notice – Because teachers and parents may not overhear
or see cyberbullying taking place, it is harder to recognize.

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- Schools may take action either as required by
law, or with local or school policies that allow
them to discipline or take other action.

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 Netiquette

COPYRIGHT LAW