Week Six individual assignment for legal and ethical considerations with technology.

1. LEGAL AND ETHICAL ISSUES ASSOCIATED
WITH MODERN TECHNOLOGY
AET 531 Technology for the Modern Learner
by John Barnett
Dr. Gregory Thomas, Professor

2. Agenda
• Considerations
• Intellectual Property
• Copyright
• Fair Use
• Privacy
• FERPA
• Summary
• References

3. Considerations
When implementing a modern, technology-rich
organization, leaders must consider:
– Protecting intellectual property
– Avoiding plagiarism and copyright violations
– Understanding “fair use” rules and factors
– Respecting and protecting privacy
– Adherences to laws like FERPA
So what are these elements?

4. Intellectual Property
According to the World Intellectual
Property Organization, IP is broken into two
categories:
• industrial property
• copyright
and both areas have protections for the
creative products of the mind used in
commerce such as music, inventions,
writings, still and motion imagery,
performances, etc.
IP protections are enforced by organizations
such as the National IP Rights Coordination
Center, supported by law enforcement
agencies such as the FBI, NCIS, and Interpol.
Image via the NIPRCC

5. Copyright
The U.S. and international law provides certain legal
protections for the original literary, artistic, and other
creative works of authors and artists – published or
unpublished. According to the U.S. Copyright Office,
the laws give the owners the right to:
• reproduce the work in various formats
• base derivative works on the original
• distribute copies for economic gain to the public
perform the work publicly in various formats
• display the work publicly in various formats
• perform the work publicly using a digital audio
transmission
Copyright is not an all-reaching scope. While illegal for
others to violate a copyright owner’s rights, there are
legal exemptions to copyright, called “fair use.”
Image via Pixaby.com

6. Fair Use
Part of the U.S. copyright
includes provisions for
reproducing the creative work of
another for is called “fair use.” It
outlines a number of activities
considered fair use of
copyrighted material to include:
criticism, comment, news
reporting, teaching, scholarship,
and research. The section also
provides a four-factor test to
help determine if the usage is
fair or not.
Fair Use Litmus Test
• The purpose and character of the
use, including whether such use
is of commercial nature or is for
nonprofit educational purposes
• The nature of the copyrighted
work
• The amount and substantiality of
the portion used in relation to
the copyrighted work as a whole
• The effect of the use upon the
potential market for, or value of,
the copyrighted work

7. Privacy
While not directly addressed in the U.S.
Constitution, some privacy protections were
mandated in the Privacy Act of 1974 where data
collection, storage, and distribution by the
government was concerned.
There are several arguments made by privacy
advocacy groups that a number of the original Bill
of Rights are open to privacy interpretation.
Other recent laws protecting privacy include the
Health Insurance Portability and Accountability
Act of 1996 and the Family Educational Rights
and Privacy Act.
These laws and growing public concern over
privacy in the digital age are pushing educational,
business, governmental and other organizations
to increase controls of personal and professional
information, how it is used, and what rights
individuals can expect to its handling.
Image via Pixaby.com

8. FERPA
In the context of privacy and educational institutions, FERPA is the guiding force behind
parental and student rights regarding protection of and access to all educational records
maintained by schools and higher education institutions receiving federal money through the
Dept. of Education. FERPA assigns these rights to parents of students under 18; those rights
transfer to a student reaching 18 or attending education beyond high school. The general
rights include:
• The right to inspect and review student records
• The right to correct record errors, request a formal hearing on inaccuracies, and/or
include a formal statement for the record
• The right to require written permission before releasing student information to outside
entities
Family Educational
Rights and Privacy Act

9. Summary
When creating a modernized, technology-rich system,
institutions and organization must consider:
• Preventing technological IP and copyright infringements
• Protecting individual and organizational IP rights
• Provide realistic training on copyright, fair use, and privacy
laws, issues, practices
• Basing policies, process on existing IP, copyright, privacy
laws and practices
• Establish effective monitoring, evaluation procedures to
ensure effective compliance of IP. copyright, privacy
policies

10. References
• U.S. Copyright Office. (2012). Copyright - Fair Use. Retrieved from
http://www.copyright.gov/fls/fl102.html
• U.S. Copyright Office. (2012). Copyright basics. Retrieved from
http://copyright.gov/circs/circ01.pdf
• U.S. Department of Education. (2014). Family educational rights and privacy act (FERPA).
Retrieved from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
• U.S. Department of Health & Human Services. (n.d.). Summary of the HIPAA privacy
rule. Retrieved from
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html
• U.S. Department of Justice. (2011). What is FOIA?. Retrieved from
http://www.foia.gov/about.html
• U.S. Department of Justice. (2012). Overview of the Privacy Act of 1974. Retrieved from
http://www.justice.gov/opcl/introduction
• World Intellectual Property Organization. (n.d.). What is intellectual property?. Retrieved
from
http://www.wipo.int/export/sites/www/freepublications/en/intproperty/450/wipo_pub_4
50.pdf