Digital Citizenship and Creative Rights A Teacher's Guide

The term intellectual property encompasses many different creations of the mind from new inventions (protected by patent law); to markings that identify the source of products or services (protected by trademark law); to books, photos, movies, and music (protected by copyright law). Intellectual property is intangible, even when embodied in physical objects, and yet it always has value. In today’s digital world, recognizing that value and respecting the rights surrounding intellectual property become ever more important. This curriculum focuses specifically on the rights associated with digitally delivered forms of creative expression (e.g., music, video, software) and generally refers to copyright law, which protects these works, with the term "creative rights."

Intellectual property is abstract, and therefore pretty easy to ignore. Yet, today's students are interacting with intellectual property more than ever before - and primarily in its digital forms. The creative rights associated with intellectual property are an important part of our culture, and it's crucial that youth understand and respect those rights at a personal level that is meaningful to their everyday lives. Students are increasingly creators themselves, and therefore it is vital that they understand how creative rights may impact them.

Creative rights are protected, both in the U.S. and internationally, by copyright law. In the U.S., copyright law and policy is established by the U.S. Congress. While the U.S. Copyright Office registers claims to copyright, creative works generally are protected by law as soon as they are created. Internationally, the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations, sets international standards and is the repository of international agreements, such as the Berne Convention and two 1996 treaties - the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.

Copyright consists of a bundle of rights held by the creator or developer of an original work of authorship. It does not cover an idea itself, but the tangible form or manner in which that idea is expressed. U.S. copyright law protects creative works as soon as they are created, and whether or not the creator files a formal copyright registration with the U.S. Copyright Office. A copyrighted work is typically identified by a copyright notice (the © symbol), the name of the author, and the year of publication. Copyright is different from patents and trademarks, which respectively cover inventions and the brands or names of a product or service.

Under U.S. copyright law and international treaties, Web sites are considered literary works. Thus, they are protected by the same laws that apply to a printed book or a photograph. The creative content (including written and visual content) that appears on those Web sites is protected by the same laws. The Digital Millennium Copyright Act was enacted by the U.S. Congress in 1998 to address certain challenges related to the emergence of digital and online technologies.

Many - though not all - copyrighted materials will display a copyright symbol (©). In addition, certain in-class uses of creative content may fall within the fair use guidelines of copyright law or classroom-specific exemptions, even if a photo or video, for example, is copyrighted. Additional information about fair use can be found below, in Question 8. However, if you (or your students) are unsure about the copyright status of creative content found online, it's best to err on the side of caution and assume the work is copyrighted, especially for relatively recent works. Students may request permission to use the photo or video from the creator (or copyright holder), or find an alternative photo or video in the public domain. Common procedures for requesting permission can be found at: http://www.copyrightkids.org/permissioninformation.htm

Registering for copyright protection through the U.S. Copyright Office (http://www.copyright.gov) establishes a public record of a copyright claim. While copyright registration is not required for copyright protection, it does provide additional legal protections in the event of litigation. Registration may be made at any time within the life of the copyright (typically for a period of 70 years after the creator's death). To practice the registration process with your students, you may wish to implement Activity 1: Sign Me Up!, within the "Protect Your Work, Respect Your Work" curriculum unit.

As an educator, you may already be familiar with the term, "fair use." Fair use refers to the right to reproduce a creative work in whole or in part for purposes such as criticism, comment, news reporting, research, and teaching. The distinction between fair use and copyright infringement can sometimes be unclear. When in doubt, it's best to ask permission to use or reproduce someone else's creative work. For more information about fair use and the four factors for determining fair use, visit: http://www.copyright.gov/fls/fl102.html.

Public domain refers to creative works for which copyright protection has expired, or, for pre-1978 works, works that lost copyright protection because of failure to comply with a legal formality (such as registration, or publication with a copyright notice). A public domain work may be used freely, in any form, without permission from the creator. Public domain works generally include those published before 1923, as well as works produced by the U.S. government (and certain other governments). It does not, however, include any and all creative works found on the Internet; just because creative works are easily accessible (i.e., downloadable from the Internet), does not mean they are public domain. Professor Lolly Gasaway has compiled a chart to assist in calculating whether a work has passed into the public domain: http://www.unc.edu/~unclng/public-d.htm

U.S. government Web sites are one of the most reliable places to find public domain images, videos, written works, and other content. USA.gov maintains an extensive list of sources for public domain imagery and graphics on its site, by category: http://www.usa.gov/Topics/Graphics.shtml. Wikipedia.org also maintains a list of government and other common sources: http://en.wikipedia.org/wiki/Public_domain_image_resources.

Plagiarism involves taking someone else's creative work and passing it off - in whole or in part - as your own. As an educator, you may be all-too-familiar with this concept, which can apply to written works, music, photos, and other forms of intellectual property. Citing sources, including those found on the Internet, can eliminate some forms of plagiarism.

Generally speaking, the term social media refers to the use of the Internet to share information and interact with other individuals. It includes: social networking Web sites (e.g., MySpace, Facebook, Habbo); user-generated content sites (e.g., blogs, wikis, YouTube); file sharing sites and services (e.g., LimeWire, Flickr); and some kinds of entertainment software and related interactive services (e.g., Second Life, World of Warcraft). The ease with which information is obtained or shared on social media or other Web sites can make creative rights difficult to appreciate. However, the rules of copyright still apply to these works.

Digital citizenship refers to the rights and responsibilities involved with the use of technology. Learning to use technology appropriately and respecting creative rights is necessary in a world that is immersed in technology. The Digital Citizenship and Creative Content curriculum specifically addresses digital creative content and the rights and responsibilities associated with it.

A good digital citizen understands the responsibilities involved with using technology and respects the creative rights associated with online media. Many national learning standards, such as AASL's Standards for the 21st-Century Learner, address some of the ethical issues involved with being a good digital citizen.

There is a wealth of information on the Internet about intellectual property and the creative rights associated with it. The U.S. Copyright Office (http://www.copyright.gov) and the World Intellectual Property Organization (http://www.wipo.int/about-ip/en/) are good places to start.

Additional information can be found at the following Web sites:

Business Software Alliance (http://www.bsa.org/country.aspx?sc_lang=en),
the Recording Industry Association of America (http://www.riaa.com/),
the Entertainment Software Association (http://www.jointhecteam.com/index.html),
the U.S. Chamber of Commerce (http://www.uschamber.com/default),
and Microsoft (http://www.microsoft.com/presspass/features/2007/mar07/03-05copyright.mspx).

The curriculum was designed for students in grades 8 through 10, although it can be adapted to accommodate students in grades 6 through 12. Modification suggestions are included at the end of each activity, and will help to target students at different learning levels.

The curriculum addresses many different subject areas, including: civics, economics, language arts, technology, computer science, and fine arts. Each activity within the curriculum includes a descriptive overview and a list of related subject areas that should help you determine whether the activity is right for you and your students.

It is not necessary to implement all activities within a unit to achieve meaningful results. The activities within each unit - and the units themselves - were designed to be standalone, yet complementary. This modular approach allows you the flexibility to implement the units and activities that are most appropriate for your students, your subject areas, your time availability, and your own level of comfort.

The curriculum aligns with standards from the National Council of Teachers of English (NCTE), the International Society for Technology in Education (ISTE), the National Council for the Social Studies (NCSS), the Center for Civic Education, the National Council on Economic Education (NCEE), and the American Association of School Librarians (AASL). See the standards matrix at http://www.digitalcitizenshiped.com/Curriculum.aspx for a table of national standards aligned with each activity.

The curriculum activities reference the MyBytes (http://www.mybytes.com) student Web site, among others. The MyBytes Web site was developed in conjunction with the curriculum to give students an opportunity to create and interact with their own creative content. Thus, the Web site complements the learning objectives within the curriculum. However, it may be used on its own among students who may not be exposed to the curriculum in their classrooms.

If you are having trouble accessing the MyBytes Web site from school, please contact your school's tech administrator. As an alternative, encourage students to use home computers, library computers, or other public computers to access the site. While the curriculum includes many options for incorporating MyBytes into an activity, most activities do not require students to access the site in order to meet the learning objectives.

In compliance with COPPA standards, we do not collect any personal information of any kind on any of our student users. Please refer to our Privacy Policy (http://www.microsoft.com/info/privacy/default.mspx) for additional information.

Topics Education, a developer of custom curriculum and education outreach campaigns, conceived of, designed, and wrote the curriculum. Topics Education worked in conjunction with current educators to ensure that the curriculum meets the needs and requirements of educators, is relevant, resonates with students, and aligns with national learning standards. The curriculum and its related Web sites are co-sponsored by Microsoft.

Yes, you may make copies for nonprofit, educational purposes, or under applicable exceptions, such as fair use, or other educational exceptions. You may also make and distribute copies for your colleagues for nonprofit, educational use. However, we recommend directing your colleagues to this Web site (http://www.digitalcitizenshiped.com) instead, so that they have access to all of the most current and complete materials and resources that complement the curriculum.

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Currently, the curriculum is available only in English.

Digital citizenship and creative rights are topics that are relevant around the globe. Thus, Microsoft is working with its affiliates in other countries to localize the curriculum for international audiences. And we'd love to hear your suggestions. Please email us (gsiteam@microsoft.com) or complete the international educator survey to tell us more about your country-specific needs (the link can be found at http://www.digitalcitizenshiped.com/Benefits.aspx).