Running head: COMPUTER USE AND COPYRIGHT POLICIES AND REGULATIONS

Computer Use and Copyright Policies and Regulations Submitted in partial fulfillment of EDET 746 Management of Technology Resources by Keith Davis

University of South Carolina Aiken

September 19, 2012

COMPUTER USE AND COPYRIGHT POLICIES AND REGULATIONS

Abstract This paper will evaluate Computer Usage Policies in place at the University of South Carolina Aiken and for Aiken County Public Schools District. This paper will also evaluate the current Copyright Policies and Regulations at the University of Georgia and Auburn University. It will compare these policies for differences and similarities. The evaluations will be based upon research articles that can be found in the Education Resources Information Center database.

3 Computer Use and Copyright Policies and Regulations There is one thing can be noted when reviewing the computer usage policies and the use of copyrighted materials in the various educational institutions that will be discussed in this paper, they are very similar. When looking at the computer use policies in place at the Aiken County Public Schools district, the governing body for all Aiken County public schools, and comparing it to the policy current to the University of South Carolina Aiken (USCA) these similarities shown. There were some differences as well and these will be discussed. When looking at the computer use policies the two differed in that the Aiken County policy addresses the use by minor children and also states that the computers are to be strictly used for educational purposes. It also states that the district administration is charged with the security of the schools Internet access to ensure that it is used, according to the Aiken County policy, solely for educational purposes and not to access inappropriate materials not suitable for students. The Aiken policy is straightforward in its guidelines. It goes on to state that Internet access is a privilege, not a right. In the policy, parents of students have to sign a permission form giving their permission to access the Internet via a district computer. The district has taken many precautions by banning certain sites. All blog sites and web sites that reference weapons of any kind are strictly banned. Also sites of an adult nature are naturally banned to protect children from exposure to this material. Students also have to sign an acknowledgement form stating that they understand the Districts policy governing the use of the Internet and the use of computers. Some students in the past have gained access to banned sites via proxy servers. This is strictly prohibited in accordance with District policy. There has been students caught in this activity and it resulted in their loss of computer privileges and consequent disciplinary action. The faculty and administration are also governed by this policy and cannot access these banned sites either. Faculty and administrators are required to sign an acknowledgement form of the usage policy as well. There have been teachers that have lost their jobs for accessing adult site and social media sites on district computers. It is also forbidden to load unauthorized software on district computers. In order to have a particular software loaded, one must request that the districts IT office approve the software first and an IT technician will come and load the software. This is supposed to minimize the chance of someone loading a virus on any district computers that could possibly infect the entire network. Aiken County Public Schools District has a strict computer use policy. USCAs policy is more in depth, but does have some of the same language. In the executive summary of the policy it states, The Universitys computing and network resources exist to support the Universitys missions of teaching, research, administration and public service. It goes further by stating its policy is also in accordance with the State of South Carolina Budget and Control Board, Acceptable Use Policy for Network Services and the Internet. The policy does, unlike Aiken Countys, allow for personal use as long as it is lawful and ethical, does not conflict with the Universitys missions, does not interfere with other authorized users, and does not cause additional expense to the University. The difference in the policies is because the University deals with adult students and some students live on campus. Since these students are adults they are afforded the privileges of adults; however, there is

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consequences, listed as sanctions, that spell out ramifications if one violates this policy. USCAs policy also goes into security. Users are required to periodically change passwords, not to share passwords, and that students personal computers have to have adequate protection in place, such as virus protection and firewalls. The Universitys policy even goes into copyright and intellectual property guidelines. These types of policies will be discussed further in this paper. The use of computers and personal behavior in the Computer Room is also included. This policy has to be more extensive than Aiken Countys because the curriculum at the University lends itself more towards the use of computers than at a high school. Another policy that goes hand-in-hand with computer usage policies are copyright policies and regulations. This paper compared the copyright policies in place at the University of Georgia (UGA) and Auburn University. According to dictionary.com, copyright is defined as the exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.: works granted such right by law on or after January 1, 1978, are protected for the lifetime of the author or creator and for a period of 50 years after his or her death. Basically, the law protects ones intellectual property from unauthorized use. There are provisions for use, known as fair use in education. These items will be discussed. In UGAs Policy on the Use of Copyrighted Works in Education and Research it states that the University is committed to respecting the rights of copyright holders and complying to copyright laws. Intellectual property of others is respected and under no circumstance should students or faculty use someone elses work and claim it as their own. As stated above, copyright laws extend to more than just printed material. The policy does also list provisions, and links to a checklist for use to determine if the application you wish to use copyrighted material falls under the four fair use factors. The checklist is divided into the four factors and the choices are listed in two columns. The first column is titled, Weighs in Favor of fair Use. The second column is titled, Weighs Against Fair Use. The four factors are 1. Purpose and character of the use. The items under this factor determine if the use is for nonprofit educational use or commercial use that leads to personal gain. 2. Nature of Copyrighted Work. This section decides if the work is published or not, factual or fiction, or non-consumable or consumable work. Consumable work is defined according to the checklist are workbooks, tests, etc. 3. Amount of Substantiality of Portion Used. In this section, if the amount of a copyrighted work is more than 10%, then it is considered too large for fair use. Basically, if one uses more than 10%, then it is the copyrighted work that is carrying the load of the lesson or research than the students or faculty members work. 4. Effect on Market for Original. It is fair to use the material under this heading if permission cannot be obtained at a reasonable price or if a decidedly small portion of the work is being used. All four of these fair use factors have to be met under the Weighs in Favor of Fair Use column.

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Auburn Universitys Copyright Policy is not as in depth as UGAs, but does provide links to the Digital Millennium Copyright Act, the United States Copyright Office, and the Association of American Publishers. The policy does state, Auburn University expects all departments and web page authors to be aware of how intellectual property laws, regulations, and policies apply to the electronic environment and to respect the property of others. It also stipulates that infractions to this policy can result in temporary or permanent restriction of network privileges and criminal prosecution. Copyright infringement is serious offense. These two universities, USCA, and all reputable institutions of learning have very firm and strict policies against the theft and/or misuse of intellectual property, and rightly so. Appendix A is a computer usage policy that was created for this paper and Appendix B is a Copyright policy created for this paper.

COMPUTER USE AND COPYRIGHT POLICIES AND REGULATIONS

References Acceptable use of usca computer and network resources. (n.d.). Retrieved from http://web.usca.edu/student-life-andservices/student-handbook/computer-and-network-resources.dot Internet and other electronic media and on-line connections district policy. (1996, November 12). Retrieved from http://acps.schoolfusion.us/modules/cms/pages.phtml? &pageid=231682&sessionid=54c47b3806fbf6cabd0fb0395522cf9 d Moncus, D. (n.d.). Copyright regulations policy. Retrieved from https://sites.auburn.edu/admin/universitypolicies/Policies/Copyrigh tRegulationsPolicy.pdf Policy on the use of copyrighted works in education and research. (2009, October 21). Retrieved from http://www.usg.edu/copyright Saloman, K. D. (1999). Copyright considerations in distance education and technology-mediated instruction. American association of community colleges. http://www.eric.ed.gov/ERICWebPortal/search/recordDetails.jsp? searchtype=basic&pageSize=10&ERICExtSearch_SearchValue_0 =institution+computer+use+policies&eric_displayStartCount=1&E RICExtSearch_SearchType_0=kw&_pageLabel=RecordDetails&o bjectId=0900019b800b9622&accno=ED436199&_nfls=false Shipley, G. (2011). Cyber misconduct, discipline and the law. Leadership, v41(n1), 14-16. Retrieved from http://www.eric.ed.gov/ERICWebPortal/search/recordDetails.jsp? searchtype=basic&pageSize=10&ERICExtSearch_SearchValue_0 =school computer use policies&eric_displayStartCount=1&ERICExtSearch_SearchType _0=kw&_pageLabel=RecordDetails&objectId=0900019b80628c0 0&accno=EJ965954&_nfls=false

COMPUTER USE AND COPYRIGHT POLICIES AND REGULATIONS Appendix A

Computer and Internet Usage Policy This computer and Internet usage policy is written to describe what is permitted and what is prohibited. The computers, software, network, and Internet access at this institution is first and foremost for the benefit of education. It is allowed that these systems can be used for minimal personal use. The following personal use is prohibited: o Use of social networking sites. o Playing video games (stand alone or online) o Gambling o Accessing pornographic sites o Using the systems for private business ventures o When the use is not in keeping with the policies of this institution and discredits the reputation of this institution and its employees All users, student and faculty, of the above computer systems must sign an acknowledgement of this policy. Infractions of this policy can result in suspension of computer privileges, disciplinary action, expulsion, or termination of employment. Severe violations can and will be prosecuted.

COMPUTER USE AND COPYRIGHT POLICIES AND REGULATIONS Appendix B Copyright Policy This institution respects all Copyright laws and copyright holders. It is the institutions policy to support these laws and to respect the ownership of all intellectual property. It is also the expectation of this institution that all administration, faculty, students, and all other employees abide this policy. All violations of copyright and intellectual property will be investigated and if it is found that a violation has occurred, then appropriate action will be taken. These action include suspension, expulsion or termination, or criminal prosecution. The following links provide additional information. o U.S. Copyright Laws o The Digital Millennium Copyright Act of 1998 o International Copyright