The Fair Use Doctrine of the United States Copyright Act (17 USCS § 107) applies to the Internet. Current Internet copyright issues related to schools involve fair use and student permission to publish. At this time there is insufficient copyright case law regarding schools and Web sites; however, staff and students need to be alert to legal issues that may arise from creating and publishing Web pages on the Internet. Since student work is intellectual property permission needs to be granted from a student before it is published. Posting a copyright notice on the bottom of the Web page can protect student, staff, and district intellectual property on Web pages. School districts must also be careful about the copyright status of any material posted on their Web site. The University of Maryland University College recommends the following tips for copyright and the Internet:

• Always credit the source of your information.
• Find out if the author of a work (e.g., video, audio, graphic, icon) provides information on how to use his or her work. If explicit guidelines exist, follow them.
• Whenever feasible, ask the owner of the copyright for permission. Keep a copy of your request for permission and the permission received.
  

While many of the legal issues involving the use of the Internet are still subject to legal interpretation FERPA and the Illinois Department of Children and Family Services have set legal guidelines that involve signed permission slips concerning posting student information such as photos, names, and classwork on district Web pages. At this time statutes are still in the process of being interpreted and many issues that concern educators have not yet been challenged in the courts.

What does the law say about publishing student information to the Internet?
Should I post a student's photograph on my Webpage?
Should I publish student work on the Internet?
Should I use clipart that I've found on the Internet?
Should I post links to other sites on my Webpage?
Should students create their own web site at school?
References and Resources

What does the law say about publishing student information to the Internet?

Publishing student information online raises privacy issues. Students' rights to privacy are defined in the Family Education Rights and Privacy Act (FERPA) and the regulations in this federal law. FERPA allows schools to publish or release a student's education record to other institutions as "directory information" or by a parent's written consent. Student photos are recognized by FERPA as directory information. Before student information is disclosed FERPA requires that the school complete a formal procedure to ensure parental consent. The First Amendment of the United States Constitution also protects a student's privacy. Discretion should be used when publishing student information on a district Web page. Student privacy is violated when a school staff member posts a student's name, class work, or photo or a district web site.

The Children's Internet Protection Act (CIPA) mandates that school districts develop an Internet safety plan that addresses the unauthorized disclosure, use, and dissemination of personal identification regarding minors. The disclosure of student information on school Web sites that violates the privacy of students includes the posting of students' names, class work, or pictures.

To date there is no clear consensus, nor any legal guidelines on whether student information such as photos, names, and class work should be published on a district Web page. Many of the legal issues involving the use of the Internet are still subject to legal interpretation. Statutes are still in the process of being interpreted and many issues that concern educators have not yet been challenged in the courts. As school districts with Internet access write their required Acceptable User Policies concerns about student privacy are being addressed through their AUP's. Before publishing student work or photos it would be wise to require parental permission and student permission. FERPA and the Illinois Department of Children and Family Services have set legal guidelines that involve signed permission slips concerning posting student information such as photos, names, and classwork on district Web pages.

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Should I post a student's photograph on my Webpage?

As mentioned in the previous question FERPA recognizes student photos as directory information and requires that parents be informed before this information is used. Before any student photo is published parental permission should be obtained. Once parental permission is obtained a good rule of thumb for student safety is to never publish names with photos of students. FERPA and the Illinois Department of Children and Family Services have set legal guidelines that involve signed permission slips concerning posting student information such as photos, names, and classwork on district Web pages.

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Should I publish student work on the Internet?

It is very simple to copy information from the Internet. Since students own their work their permission and the permission of their parents is required before student work can be posted. The moment a creative work is created it is automatically protected by copyright so it is not necessary for it to be registered to receive copyright protection. Original student material should include a standard statement of copyright ownership and any permissions that may be granted. A standard notice might read: "©200?, jdsmith . Permission to reproduce and distribute for non-profit purposes granted." Parental permission is required to publish student work and to publish a copyright ownership notice.

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Should I use clipart that I've found on the Internet?

Public domain free clipart may be used. Often a "license to use" is found on the page outlining the requirements to use the clipart or photos. Below are examples of typical "licenses to use" or "terms and conditions for use".

License to Use…
You may use these lines on your personal web pages. It is required to add this information to each page where the lines are being used.

-------- cut & paste -------
<a href="http://www.billybear4kids.com/">Clipart Welcome Signs Copyright © Loraine Wauer Ferus</a>
------- end of cut & paste -------

You can NOT redistribute the artwork by placing or using them in a clipart collection of any sort. You can NOT change or alter any of the lines. You man NOT place or use them on a commercial web site were you intend to make money. Sites that have banner ads, are considered a commercial site. If you wish to purchase a license to use these backgrounds on your commercial site, please email us.

This clipart is NOT to be included in any clipart collection.

License to Use: These School Buttons are free to use on your personal web page. A link back to BillyBear4Kids.com is required on each page where the clipart is being used. Our work is not public domain, and not to be added to any collection.

-------- cut & paste -------
<a href="http://www.billybear4kids.com/">Clipart Lines Copyright © Loraine Wauer Ferus</a>
------- end of cut & paste -------

Terms and Conditions Terms of Use.. These are the terms and conditions that you must follow if you use ClassroomClipart. This use of ClassroomClipart, indicates your acceptance of these terms and conditions. This site is owned and operated by Classroom Clipart. All content included on our site, such as photographs, illustrations, images, text, audio clips, video clips, and software is owned by ClassroomClipart or individual artists, photographers and other content providers. All Content is protected by US and international copyright laws.
No image from ClassroomClipart may be sold as an image collection or partial image collection.
All Images are to be used for NON COMMERCIAL purposes.
Excepting these limited uses, you may not reproduce, distribute, transmit, or otherwise exploit the Content. In particular, you may not include the Content in any other publication or product, except for EDUCATIONAL PURPOSES.
The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of ClassroomClipart and protected by U.S. and international copyright laws.
Contact Us at classroomclipart@pacbell.net

http://classroomclipart.com/

My Graphics are NOT Public Domain! They are NOT "Royalty Free Clip Art"!
My Graphics may be used free of charge for personal use only, and you must place one of my credit logos on each web page you use my graphics on in exchange for using them free of charge. You may use them for your web pages and personal desktop publishing projects.

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Should I post links to other sites on my Webpage?

While there currently is no case law in this area the issue of links to a school or district Web site needs to be carefully reviewed. The National School Boards Association cautions that "a parent and/or student could sue the school system for injuries cause by information received from a We page linked to a school sponsored Web page. While the risk of losing a case of this type is slight; it could certainly cause an embarrassment for the district. It would be difficult for a plaintiff to meet the burden of proof necessary to hold the school district responsible for whatever harm befell him or her … Additionally a school district could be sued on constitutional grounds for either allowing or prohibiting the placement of a link on a school-sponsored Web site to another site."

Another related issue is copying a list of links from a Web site. For example, if you find a list of links for free clipart that someone has spent time accumulating this list would be protectable as a compilation. However, if you take a few links from this list you will probably not need to be concerned about a copyright violation.

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Should students create their own web site at school?

The First Amendment of the United States Constitution provides freedom of speech for staff and students on Web pages on the Internet and through e-mail. The key issues here are if school-issued equipment is being used off campus or on campus, and if information is being linked to a school Web site. Several searches did not find cases in Illinois, nor did they yield cases involving younger students. Nevertheless, there are several recent cases worthy of consideration. According to William C. Kling in "Education Technology" by the Illinois Institute For Continuing Legal Education , "… it appears that school districts are limited to preventing student expression off campus only when school officials can demonstrate a link to negative on-campus effects that could be anticipated by the student." In the following cases, student Web sites were created at home and the courts ruled in favor of students:

• Emmett v. Kent School District No. 415, 92 F.Supp.2d 1088 (W.D. Wash. 2000) - A student posted a Web page from his home entitled the "Unofficial Kentlake High Home Page." The site included a disclaimer that the site was not sponsored by the school and was for entertainment purposes only. The student's home page contained mock obituaries of two of his friends. After a television news story reported that the site contained a "hit list" of other students the student immediately removed his site from the Internet. School officials then expelled him for harassment, intimidation, disruption to the educational environment, and copyright violations. Officials later changed the expulsion to a five-day suspension. A U.S. district judge ruled in favor of the student finding that the Web site "was not produced in connection with any class or school project."
• Beidler v. North Thurston School District No. 3, No. 99-2-00236-6 (Wash.Super.Ct., July 18, 2000) - A student created a Web site that parodied a school administrator. The site showed the administrator participating in a Nazi book burning, drinking beer, and spray painting graffiti on a wall. The student was expelled. Rejecting the school district's arguments that it could regulate off-campus speech the court ruled in favor of the student. The judge reasoned that even if school officials had authority to regulate Internet speech, the student's speech did not cause a substantial disruption under the Tinker standard.
  
  The following case ruled in favor of the school district.

1. J.S. ex rel. H.S. v. Bethlehem Area School District, 757 A.2d 412 (Pa.Commw.Ct.2000) - A student created a Web page on his home computer that made numerous derogatory comments about his algebra teacher, the school principal, and others. Law enforcement officials and the F.B.I. were called because the principal and the teacher considered some of the comments on the site to be threats. After voluntarily removing the site from the Internet the student was expelled. A Pennsylvania State court upheld the expulsion stating that the student's Web site "materially disrupted the learning environment."
   
   The law regarding student rights and free speech when creating a Web page as part of the school curriculum is clear. Schools are different from other public forums because they are funded by taxpayers for the purpose of educating minors. In 1982 the U.S. Supreme Court ruled in the Board of Education v. Pico, 457 U.S. 853, 457 U.S. 853;102 S. Ct. 2799; 73 L. d.2d 435; 1982 U.S. LEXIS 8;8 Media L. Rep. 1721 that school boards have the authority to discriminate between materials that are "educationally suitable" and those that are "pervasively vulgar." In Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 98 L.Ed.2d 592, 108 S.Ct. 562 (1988) the Supreme Court ruled that schools may regulate the content of school sponsored newspapers. The court held that "educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities, so long as their actions are reasonably related to "legitimate pedagogical concerns." William G. Kling suggests that schools consider the following guidelines to determine if a regulation for student Web pages is valid:
   
   1. Was the content created on school computers?
   2. Does the student's Web site link to the school's Web site?
   3. Was the content distributed at school?
   4. Was the speech entirely outside the school's supervision?

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References and Resources

Bellingham Public Schools Board Policies, retrieved from the Word Wide Web, July 15, 2002,
http://www.bham.wednet.edu/policies.htm

BillyBear4Kids.com, retrieved from the Word Wide Web, July 20, 2002,
http://www.billybear4kids.com/

Children's Online Privacy Protection Act of 1998, retrieved from the World Wide Web, July 10, 2002,
http://www.ftc.gov/ogc/coppa1.htm

Classroom Clipart, retrieved from the Word Wide Web, July 15, 2002,
http://classroomclipart.com/

Computer Decency Act of 1996, retrieved from the Word Wide Web, July 10, 2002,
http://www.epic.org/CDA/

Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web by the University of Maryland University College, retrieved from the Word Wide Web, July 13, 2002,
http://www.umuc.edu/library/copy.html

Creating and Placing Web Pages, Winona Area Public Schools, School District Code: 8325,
retrieved from the Word Wide Web, July 13, 2002,
http://www.winona.k12.mn.us/

Discolosure of Personal Identification Information of Students available online at the Responsible Netizen Institute, retrieved from the World Wide Web, July 20, 2002,
http://responsiblenetizen.org/cipa/111.html

District Web Policy by Lakeville Area Public Schools, retrieved from the Word Wide Web, July 11, 2002,
http://www.isd194.k12.mn.us/webpoly.htm

Education Technology by William C. Kling, Illinois Institute for Continuing Legal Education, 2001.

Ensuring Student Privacy On The Internet by Dr. Nancy Willard available online at Education World, retrieved from the World Wide Web, July 15, 2002,
http://www.educationworld.com/a_tech/tech120.shtml

Ethics & Law: Take a common-sense approach to posting school information on the web available online at eSchool News Online, retrieved from the Word Wide Web on July 12, 2002,
http://eschoolnews.com/news/showStory.cfm?ArticleID=425

Family Education Rights and Privacy Act (FERPA) Regulations, retrieved from the World Wide Web,
July 8, 2002,
http://www.ed.gov/offices/OM/fpco/ferparegs.html

First Amendment, retrieved from the World Wide Web, July 7, 2002,
http://caselaw.lp.findlaw.com/data/constitution/amendment01/

Illinois School Code (105 ILCS 5/10-20.20) Sec. 10-20.20. Protection from suit.) available online at http://www.legis.state.il.us/ilcs/ch105/ch105act5articles/ch105act5Sub17.htm

Keeping Kids Safe Online by Dr. Nancy Willard available online at Education World, retrieved from the World Wide Web, July 10, 2002,
http://www.educationworld.com/a_tech/tech119.shtml

Legal and Ethical Issues Related to the Use of the Internet in K-12 Schools by Dr. Nancy Willard, Project Director of Netizen, this article is no longer available online because it is being included in a book Student Use of the Internet: Legal Ethical, and Safety Issues. Preview of book is available online.Retrieved from the World Wide Web, July 20, 2002,
http://responsiblenetizen.org/publications.html

Legal Issues & Education Technology: A School Leaders Guide, 1999, National School Boards Association, A Technology Leadership Network Special Report developed by the National School Boards Association's Council of School Attorneys and ITTE: Education Technology Programs

Linking, Copyright Website, retrieved from the World Wide Web, August 1, 2002,
http://www.benedict.com/digital/webIssues/webLinking.asp

Memphis City Schools Administrative Rules and Regulations, retrieved from the World Wide Web, July 25, 2002,
http://www.memphis-schools.k12.tn.us/admin/it/division/publishingrules.html

Office of Child and Family Policy, State of Illinois, Department of Children and Family Services, Photographs of Foster Children, retrieved from the Word Wide Web, Julyl 20, 2002,
http://www.state.il.us/dcfs/pi0114.htm

Original Country Clipart by Lisa, retrieved from the World Wide Web, July 20, 2002,
http://www.countryclipart.com/

Policy Statement for the Publishing of Documents on the Internet/World Wide Web for Montgomery County Public Schools, retrieved from the World Wide Web, July 7, 2002,
http://www.mcps.org/admin/web-policy.html

Responsible Netizen Institute: Safe and Responsible Use of the Internet, retrieved from the World Wide Web, July 20, 2002,
http://responsiblenetizen.org/

Rules for School Websites by Nancy Messmer for Bellingham Public Schools, retrieved from the World Wide Web, July 20, 2002,
http://www.bham.wednet.edu/webrules.htm

See No Evil by Steve Watters for -Teachers In Focus magazine, retrieved from the World Wide Web, July 22, 2002,
http://family.org/cforum/teachersmag/features/a0010733.html

Technologically Speaking: Student-Created Home Pages by Mary Alice Anderson, Media Specialist, Winona (Minnesota) Middle School, retrieved from the World Wide Web, July 20, 2002,
http://www.winona.k12.mn.us/wms/maryalice/StudentHomePages.html

Web Page Publishing Policy Proposal, by Kathy Schlappi, April 29, 2002.

Webmaster Resources for Pekin Public Schools District 108, retrieved from the World Wide Web, July 7, 2002,
http://www.pekin.net/pekin108/webpolicy/resources.html

What You Should Know Before Putting Student Info on the Web abstracted from "Student Privacy Rights and Wrongs on the Web" by Joy Surratt Baskin and Jim Surratt, available online at eSchool New Online, retrieved from the World Wide Web July 15, 2002,
http://eschoolnews.com/news/showStory.cfm?ArticleID=3217

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