Because of the unlimited access to an abundance of information thanks to the internet and technology changing at a rapid pace, the copyright laws have become many shades of grey. The copyright laws protect the owner and creator of information by means of distribution and reproduction. However, because it has become easy to reuse copyrighted information without permission from the owner and by going undetected, many people believe copyright infringement is a victimless crime. Other people may not even realize that they are infringing copyright laws. When it comes to education, the boundaries of committing a crime by copyright infringement are becoming blurred because the copyright laws are constantly changing. "Fair use", as defined in section 107 of the Copyright Act, provides terms for a "legal defensible position" (A Fair(y) Tale Use) against copyright infringement cases. With copyright permissions becoming difficult and time consuming to obtain, it is very important for educations to become aware of the terms of "fair use" since it applies to the profession directly.
Fair use of copyrighted material means that as long as the material isn't being used as a means to avoid purchasing it, then it can be used for educational purposes. Of course there are four guidelines that must be met in order for fair use to be defendable. These four factors that must be considered for the determination of whether fair use is legitimate are the purpose of the use, the nature of the work, the portion of the whole work used, and the market effects because of use. (Thompson, K. 2005) As long as those factors are met, then material used to enhance the classroom my be defendable against copyright infringement lawsuits. The public domain, Creative Commons, and The Art Museum Image Consortium are alternatives for avoiding confusion by using copyrighted material. When the copyright expires, material then goes into the public domain and can be used freely by the general public. The life of a copyright equals the life of an author plus 70 years. The Creative Commons search engine facilitates the use of material for educational purposes without infringing copyright laws. Educators can use the search engine to find material that is permitted for reuse by the author for educational purposes. With a license, The Art Museum Image Consortium allows access to copyrighted images to be used in the classroom.
The internet makes it easy for teachers to find supplemental information to be used in the classroom, such as copies of articles from magazine, videos clips, and song clips. It is very important for educators to be aware of copyright laws and the terms of fair use because copyright abuse is more common than expected in schools, both intentional and unintentional. Installing a program with a single license purchases on multiple computers and showing movies for entertainment are copyright infringements and something that goes on in schools often. Having a librarian and technology director as a copyright specialist on staff, and keeping admininstrators and educators up-to-date on copyright laws are ways to prevent copyright disputes. Teachers also must convey the important of copyright laws to students and stress that copyright infringement will not be tolerated in the school.
The internet is a great tool for expanding learning in the classroom, and if used properly is beneficial to students. As long as educators and administrators are aware of copyright laws and "fair use", then supplemental material will enhance the learning process.
Resources:
Video: A Fair(y) Use Tale
Copyright 101- Kate A. Thompson
I think you made a good point when you said copyright can be unintentional in a school setting. Even if the teacher shows a video clip or article to the class, they are still breaking the rules. I think there is so much on the internet that teachers and students can find these days. Teacher need to make sure they are following the fair use rules so they do not get in trouble.
ReplyDeleteI agree with Casey most of the copyright violations taking place in institutions are unintentional on the teachers part. I was not aware showing a movie in class is copyright infringement i though it was only if you copied the movie and sold it. I find it very helpful that you mentioned the websites that can be of guide to avoid infringement.
ReplyDeleteI think that the issue of showing a video in class provides a good opportunity for teachers to start a discussion about fair use and copyrights. While many things can be used for educational purposes, teachers should be clear about why it's ok for school, but not for other reasons.
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