As
teachers, we are constantly trying to find creative ideas to incorporate into our
lessons and classrooms, but many times we are in violation of copyright laws. I do not think that educators violate these
laws intentionally; but many do it without knowing they are doing anything
wrong.
What are copyright laws? Copyright laws are in place to grant and
protect the rights of the original work.
It gives the authors the rights to reproduce, distribute, perform and
display their work. However, educators may use copyright materials under Fair
Use. Fair Use
allows limited copying of copyrighted materials without the author’s
permission. These materials must be used in certain conditions, such as
teaching.
There is a
lot of gray area when looking and thinking about Fair Use in the classroom. The
myths discussed in The Code of Best Practices in Fair Use for Media Literacy Education
are those that need to be addressed and discussed with teachers to assure that
we as educators are following the guidelines.
One of the myths that I found interesting was “EDUCATORS
CAN RELY ON “RULES OF THUMB” FOR FAIR USE GUIDANCE”. I have always learned that there are certain guidelines for using material, and as long as you followed those guidelines, you were ok. It took me
a while to understand why this was a myth, and I think I figured it out......this is why I think this is a myth.
There are guidelines for usage of materials, such as percentage of songs or videos, and number of words or number of pages from literary works. However, this is not enough. There are other factors that you must consider BEFORE you follow the “rules of thumb” guidelines.
The 4 factors that need
to be considered when deciding whether or not the use of a material is fair:
1. The purpose and character of the use, including
whether such use is of commercial nature or is for nonprofit educational
purposes
2. The nature of the copyrighted work
3. The amount and
substantiality of the portion used in relation to the copyrighted work as a
whole
4. The effect of the use
upon the potential market for, or value of, the copyrighted work
Basically what this means is that before you use any
material, you need to make sure that you are using it for educational purposes
and that it has value to what your students are learning. (In my opinion, this
is the gray area. I think that we as educators can twist and turn just about
anything and deem it educational!) If you select a material and feel like it
has an educational place in your classroom, then there are guidelines for what
is acceptable for you to use according to Fair Use. I created a newsletter for
one of my previous classes about Fair Use and Copyright. I created it to use as
a training tool for teachers. If you would like more information about Fair Use
and a list of websites, check out my newsletter at the link below.
http://www.scribd.com/fullscreen/72558622?access_key=key-13b3x1wr9yogyph70hnz
Fair use and copyright is a very interesting topic, and one that often gets overlooked. The media specialists that I've talked to are often aware of the copyright violations that go on at a school. However, they must walk a fine line between saying something and looking the other way. You want to be firm about policies, but you don't want to alienate your colleagues either.
ReplyDeleteUsually, if a blatant copyright violation is caught, the librarian will inform the teacher of the violation, but then leave it at that. Once the teacher is informed, it is up to the teacher to adhere to policy. However, if the media specialist does not report blatant misuse to a superior or assists them in making a violation, they are held just as liable.
We had one specific instance at one of the schools where I do my field experience where a mural painter came in and asked for specific copies of book covers and of specific pictures within the books. As it turns out, one of the book covers was painted as an exact replica on wall of another school as a mural. The librarian ended up having to inform the principal, who took the situation into consideration before making a report.
I never thought of a copyright violation as being that blatant. Although if I really go back and think about it, our kids pull pictures off google and stick them in their powerpoints without giving credit all the time. Yet, it's easier to teach kids about copyright than adults!
Thanks for posting! Excellent topic!
Rebecca,
ReplyDeleteI love your newsletter. Thanks for shaing. I found the section about what we can use in our classroom very helpful. I had no idea that I could only use 250 words of a poem. I also agree with you that the term for educational purposes is definitely a gray area. As educators, we are creative and can plead our case on the educational merits of just about anything we use in our lessons from shaving cream to song lyrics. :)
- Michelle H.
It is very true that the internet has provided teachers with a wide variety of resources make it easy to violate copyright laws. This is why it is so important that everyone in a school setting be aware of the different copyright laws and how they apply to resources (especially internet material). Those “myths” that you mentioned are easy for teachers to fall prey to. Fair Use does allow a certain freedom for teachers, but there are guidelines within this that are to be followed. It is true that many teachers can use this “gray area” under Fair Use to justify any borrowed material. Many teachers can justify anything as educational and meeting the needs of their students. Teachers simply have to be the ones to take responsibility for their own actions. The media specialist can be a great resource for teachers when they are wondering if they are going to violate these laws.
ReplyDeleteI really like the way that you brought in the "myth" of fair use. I too was under the incorrect impressions regarding what we could use- your newsletter link was a nice touch. I remember the class that included copyright- it's a lot more complicated than just including a name! You did a great job in including the caveat to using fair use standards. I can totally see the gray areas you mentioned - all those sing-along songs have to come from somewhere! Great post-Thanks!
ReplyDeleteI agree that most educators who violate copyright laws are not aware that they are doing so. In one of my past jobs, I was responsible for putting course materials on reserve in an academic library. Every semester I had to tell at least one professor that they could not put something they had photocopied on reserve for their students because it violated Fair Use in some way. Most of the time it was because they had photocopied substantial portions of a work so their students wouldn’t have to buy it. As you point out, there are limits on the percentage or amount of a work that can be reproduced. When I informed professors of their mistakes, they were usually completely unaware that they were doing anything wrong. It was not their intention to break the law, they were just uninformed. Most people will not seek out and read copyright rules and regulations on their own, which is why it is so important for us as media specialists to understand and make others aware of these rules.
ReplyDeleteTerese Scheiderich
I agree with the statement that most teachers don't mean to break the copyright laws. Often, they are simply trying to figure out how to teach the students in a way that makes learning easy to understand and then apply it to new situations. The intent is to help others learn, not to break copyright. The best thing we can do as media specialists is to teach the teachers how to do this. I like your idea of making a "cheat sheet" for use in the classroom. Great job!
ReplyDelete