In the US a copyright holder has exclusive rights to their work. It is automatic and is protected by copyright. It is not necessary to use the copyright symbol to be protected. Fair use of protected property allows for the use of information for commentary, parody, news reporting, scholars research, and education.
There are 4 factors that can be considered to help determine if a use if not fair.
1. Is the use to make money?
2. Is the use of a creative work?
3. How much of the work is used?
4. Is use of the information going to result to lose of money for the copyright holder?
These factors usually are not considered fair use.
Online learning institutions must take steps to ensure that FERPA is not violated. The South Regional Education Board has provided several guidelines for FERPA compliance. Advising students of their rights on a yearly basis as well as having signed written consent before sharing information about a student. They also suggest staff training and retraining in order to ensure FERPA compliance.
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