Kris Martinez
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Learning Public Safety


Communicate - Communication Laws

8/29/2018

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​How can one refrain from violating FERPA and TCPA guidelines in online communication?
The first step in answering this question is know what FERPA and TCPA are. Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records.  The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.  In a nutshell, there are very few times that a school can release a student’s information without consent.  The following list outlines when those records do not require consent:
  • School officials with legitimate educational interest;
  • Other schools to which a student is transferring;
  • Specified officials for audit or evaluation purposes;
  • Appropriate parties in connection with financial aid to a student;
  • Organizations conducting certain studies for or on behalf of the school;
  • Accrediting organizations;
  • To comply with a judicial order or lawfully issued subpoena;
  • Appropriate officials in cases of health and safety emergencies; and
  • State and local authorities, within a juvenile justice system, pursuant to specific State law.
The Telephone Consumer Protection Act (TCPA)   regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It also is the authority to create the National Do-Not-Call List. The Federal Communications Commission (“FCC”) is empowered to issue rules and regulations implementing the TCPA.  Unsolicited communication has also been reference under emails.
 
What methods could be employed to verify that copyright is not being violated?
There are a few things to keep in mind when we talk about not violating copyright, can we get permission to use the material, or is there are approved public area where the material can be gathered.  Sometimes it is not practical or possible to get the permission of a person to use their work, and that means the material cannot be used.  With the abundance of materials that can be found in the public domain it is not difficult to find an alternative source or material.
 
Does copyright require that all work, images, words, and graphics must be original?
Copyright does not require that all work be original, but it does require that the creator has issued permission to you or the public for the use of their material. 
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    My name is Kris Martinez and I blog about learning public safety. 

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