Copyright law and fair use
provisions within the law have definitely been areas of “fuzzy knowledge” for
me. I remember, early in my pursuit of
my M.Ed in school media, reading the
copyright and fair use section of our school district’s Library Media Center
Handbook and thinking OK these are the rules…. you can’t make more than X number of copies of Y number of pages
or you can’t copy from more than three authors in a collective work, etc, etc.
(see excerpt from pages 63 -68 of the manual below my blog if you like! ; )) Anyway these rules seemed very specific and
basically gave me the impression - Warning,
Warning Don’t Come Near! Now that I
have researched and understand that the copyright laws and fair use provisions
a bit, I realize there is no need to be so fearful. The laws and provisions were made to be
flexible so that society, often through education, can benefit and grow through
use of what we already have learned. “Fair
use is the right to use copyrighted material without permission or payment
under some circumstances – especially when the cultural or social benefits of
the use are predominant.” (Code of Best Practices in Fair Use for Media
Literacy Education, pg 1) We can understand this because we all want society
and our culture to move forward for the benefit of humanity. Ideas, literature, art, and ground breaking science
needs to be pondered, evaluated, critiqued, and possibly improved over time. Like the authors indicated “new creation
inevitable incorporates existing material”, (Code, pg 5) so we must learn to
evaluate the intent and extent behind the use of copyrighted materials. Is it to transform the material/item into
something bigger and better? Or is it to make the completion of a project
easier or recognizable simply due to content that was already popular? If we chose simply to “follow the law” (which
is actually a misunderstanding of the law and Myth #2) we as educators likely
could miss out on creative or innovative lessons and solutions. So unlike those who simply follow the very
specific “rules” laid out in a LMC Handbook, I think
it is best to put some thought and collaborative discussion into lesson ideas
that use copyrighted materials. Thought
and discussion will likely weed out uses that are too closely tied to others’ ideas
and materials.
Source:
Code of Best Practices in Fair Use for Media Literacy
Education. (n.d.). In American University School of Communication Center for
Social Media. Retrieved from http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0
Here are the excerpts fo LMC Manual for my school district that I mentioned. Sorry I forgot to include in my original post. Based on class readings, the video, and my new understanding these rules/restrictions are too stringent and now outdated.
ReplyDeleteContiguous excerpts from pages 63-64 of MCSD LMC Handbook.
“It is legal to make a single copy of:
1. A chapter of a book.
2. An article from a periodical or newspaper.
3. A short story, short essay or short poem (less than 250 words of poetry).
4. A chart, graph, diagram, or picture from a book, periodical, or newspaper.
The intent of the duplication should be for research or preparation of the teaching of a class.
It is legal to make multiple copies of:
1. A complete poem of less than 250 words and the poem is printed on two pages or less.
2. An excerpt from a long poem, but not to exceed 250 words.
3. A complete article, story or essay of less than 2,500 words or an excerpt for 1,000 words or less from a larger printed works. The portion coped shall not exceed 10% of the larger works.
4. One chart, graph, diagram or picture per book or periodical issue.
5. Special works combining prose, poetry, and illustrations but limited to 10% or less of the total work.
6. Each copy must bear the copyright notice from the original work.
Limits on copying:
1. Copying is made for a single course from a single source.
2. Copying is made from one work from a single author.
3. Copying is made of no more than three authors from a collective work.
4. A maximum of nine instances of such copying is one class term.
5. The same copying cannot be done term to term.
6. No charge can be made to students.
7. Copying of “consumable” works is prohibited (i.e., workbooks, test booklets, etc.)
8. Copying of copyrighted, syndicated cartoon characters is prohibited.”
Great blog, Linda. I also have felt that copyright use was something the was a little fuzzy before beginning my journey into becoming a media specialist. I believe they are very daunting when first reading the copyright laws and fair use provisions and can lead teachers to become a little paranoid and not even want to use anything inside of the classroom that requires you looking up the usage laws. I know for me personally, I am always double checking such laws to make sure I have them covered. I guess when it comes to something as serious as the threat of breaking such laws it can lead people to become uncomfortable. This is why it is so important for teachers and media specialists to make sure they fully understand the laws and are comfortable with them in order to use them properly. Thank you for sharing the resource as well.
ReplyDeleteHi, Linda! I enjoyed reading your post. Why? Because it made me feel more confident when it comes to copyright. Yes, it is scary and most people want to avoid research as much as possible because of the fear of plagiarizing. It seems that there are so much one can do wrong out of ignorance. Yet, your post helped me relax. When you stated, "The laws and provisions were made to be flexible so that society, often through education, can benefit and grow through use of what we already have learned". I have to remind myself that even though ethical laws exist to protect the author, they are flexible and meant to educate us.
ReplyDeleteThank you for your honesty about copyright being a “fuzzy” area at best. The area of copyright law is one that is filled with myths and fears. These myths and fears are not discussed often enough in the realm of education so that we do a better job of avoiding areas where we could run into problems. It is also not discussed within a school often enough that teachers feels comfortable knowing what they can and can’t use all for the sake of education. It is good to know the leniency that is given to educators and those seeking to further the common good. Adding in your prior rules and restrictions from the manual was also helpful for a compare and contrast approach. I found it very informative and your post as a whole helped to clear up some issues for me.
ReplyDeleteLinda,
ReplyDeleteI especially enjoyed reading your blog. In the past, I too have been hesitant when it comes to copyright and fair use. Many times I have found that I steer clear of material because I don’t want to violate any copyright laws. I like the fact that you stated that educators do not need to be fearful of copyright laws as long as they are using materials for educational purposes. I think copyright laws were put into place so that one person could not steal another person’s work and more specifically gain from it. Since teachers are not gaining financially from copyrighted material, I think there is little to worry about. Fair use allows teachers to use materials to benefit students. I like how you stated the fact that “new creation inevitable incorporates existing material”. Ideas are no longer unique or novel. Therefore, educators must be able to use materials to further education. Finally, media specialist really only need to inform staff of copyright laws and what constitutes fair use. We are not the copyright police.
No one has ever enforced ‘copyright law’ at any school I’ve worked at – which to me is a sign of the uncertainty surrounding the issue. Teachers collectively had the sense that if they were using copyrighted materials in the service of their instruction, then they were justified to copy what they needed. No matter what dire warnings were taped to the lid of the photocopier. Uncertainty made us hide it or worry that we could be sued. I’m a little irritated that all this time the over-strict interpretation of the law was presented as a fact and that there really have always been fair use provisions for the educational setting.
ReplyDeleteI agree with you that teachers need to talk about the issue. It seems like we’re coming to a time – what with the evolution of digital media - when teachers can no longer ignore copyright considerations and will have to consciously situate their use of media within the Fair Use framework. Since our kids are consumers of digital media, we have to use digital media to help them become ‘media literate.’
Great educational and engaging post. Moreover, thank you for being so forthcoming and transparent about your copyright law experiences. I agree copyright regulations are so distorted and blurred. Most teachers make hundreds of copies per week. Yet, a lot of teachers have become scared of violating copyright laws. Like you stated in your post, “It is comical how different school districts have firm polices while others have more liberal policies on the topic of copyright polices.” The key to copyright laws is to know and understand the laws that are related to copyright.
ReplyDeleteI agree that copyright laws are so confusing, but I really like how you explained and discussed fair use. It helped me to understand and feel more confident that I am doing the right thing when use materials for my classroom. I think that for most, the intention is educational and that fair use applies. I think that most of the information shared or used in education is to benefit the student and the learning environment. I do believe that there needs to be more discussion of copyright and fair use laws so that teachers are more aware of what they can and cannot do. Our system does little to discuss these issues with our teachers, however, I do think it's something that needs to be addressed.
ReplyDeleteThank you for taking the edge off of copyright laws. It is important for us to follow those laws, however as educators a majority of what we use does fall within fair use. After taking a few courses in the SLM program I better understand copyright laws and have passed on some of the information I have learned to some of my fellow teammates. In my school district it is the media specialist's job to educate the teachers on copyright laws and to make sure they are being followed.
ReplyDelete