Copyright and Intellectual Property: Considerations for Israeli Higher Education Claudine SchWeber, Ph.D. Office of Distance Education and Lifelong Learning Israel, University of Haifa, February 2002 Fulbright Senior Specialist Program

Issues Plagiarism Course Ownership Course Materials-Copyright Permission

The prevalence of cheating: –Reports estimate that 40% to 60% of students cheat during their college careers –Famous authors “Cheat” (S. Ambrose) Why students cheat: –Procrastination –Grade pressure (for an “A”) –Time pressure (too little of it) –Task pressure (too many of them) –The Professor ….let’s discuss Plagiarism

Faculty Response Continuum Pedagogical Response Appropriate Judicial Response Appropriate Patchwriting Failure to cite Failure to Quote Fraud

Plagiarism No face-to-face contact (community) Inability to verify a student’s work Prevalence of paper mills Ease of “cutting and pasting” digital text Others? Reasons for plagiarism in the Digital Environment

Plagiarism Be straightforward on the issue, be clear on your expectations Be creative in developing assignments –Avoid “topic only” assignments –Avoid applying textbook readings to as case Do segmented assignments Include decision making, investigations, experimental inquiry, problem solving, and invention in the assignment What Can Be Done?

Detecting Plagiarism (1) Use resources – (Digital Integrity by search) – –

Detecting Plagiarism (2) Web search engines Search your institution’s databases Know the “paper mills” – –

Scenario: Dr. Gray receives an excellent portfolio of writing from a student. In ever way, the writing is superb. Dr. Gray recalls he read some of the writing before, he just can’t remember where. He does some searching and finds the student’s writing was taken verbatim from an article Dr. Gray assigned several semesters ago. Dr. Gray confronts the student. The student explains she was dealing with a sick infant and could not concentrate fully on the project. She explains she did not realize she had plagiarized. What should Dr. Gray do? Scenario

Establish an institutional policy and distribute widely Detail policy and serious consequences in each class Investigate plagiarism software detection tools Identify and keep up with “paper mills” Develop assignments and activities that are unique and require application Enforce the policies-punish violators Action Steps

Intellectual Property Copyright Course Ownership in the online content

What is Copyright ? Exclusive rights to publish, copy, and distribute an author’s work, conferred on the owner of copyright by 17 USCS 106, vest in author of original work from the time of its creation. Intent: to advance the progress of knowledge by giving the author of a work an economic incentive to create new works. Copyright–USA

What Can Be Copyrighted? Tangible, original expression Three Fundamental Requirements: –Fixation –Originality –Minimal Creativity Literature, drama, art, and music Copyright–USA

Current Policy Framework: –Ownership resides with the institution expect for traditional scholarly or teaching-related words OR –Works created without the use of university facilities or services –Less often, ownership determined on a case-by-case basis –Typically, no specific policy for online course development or ownership –Also, little discussion of royalties without copyright, primarily with patents. Policy Context of Ownership with the Online Course

Copyright–USA Course Development Course Delivery Extent of Use of University Resources Competitive Advantage Incentives Control Issues to Address

Copyright–USA Q: At what point does my claim of ownership begin to erode? Scenario 1: Overload + no resources + on my own time + contract to teach, not develop Scenario 2: Above, but use university laptop Scenario 3: Above, but do some work at office Scenario 4: “Publish” materials on university services and in the university developed and supported Web classroom Scenario 5: Use University Staff to put materials on server I own it!? - One end of the continuum

Copyright–USA Scenario 1: Contract to design and develop lecture and other class materials Scenario 2: Negotiate release time + work at office Scenario 3: Online instructors are PAID more for training, preparations and delivery The university owns it!?

Copyright–USA In what ways is development of a Web course different from writing books and articles? Faculty as publisher, university as distributor– rights and obligations? Protection for university and faculty against liability claims (eg., copyright infringement)? Do rights shift if Web materials become a factor in salary increase and promotions? Issues that muddy the waters

Copyright–USA 1. If ANY university resources are used to produce, then university owns 100% 2. Shared rights, responsibilities, and benefits 3. Faculty owns 100% and university may not use or benefit in any way without permission Summary: Three Views

Copyright–USA How to create incentives? Unbundling rights What should belong to the creator? The University? Is it feasible to share ownership? Issues to consider in Policy Formulation

Copyright–USA Share ownership. Copyright resides with the institution for a period of time and then reverts back Have both parties retain certain privileges. Limit competition, for example. Establish a royalty schedule for the course, if licensed from course author. Possibilities to Consider

Copyright–USA Does not have to be “all or nothing” The online environment requires new thinking about ownership Institutions and their faculty need to avoid past mistakes Need to debate and discuss to find solutions Establish policies acceptable to all Options

Course Ownership UMUC National Study Results ? What are the policies in Israel?

Materials with Electronic Classroom Must follow your country’s copyright laws Penalties (in USA) for the university, plus others

Conclusion Plagiarism, Copyright, Electronic Classroom resources ongoing challenges and change

Toda Raba Sheelot?