Five Principles to Consider for Fair Use in the Classroom:
1. Fixed
For works to be protected under copyright, they must be “fixed in ‘a tangible form of expression.” This includes books, software, music, dances, artwork, videos, architecture, and many others. However, methods, concepts, titles, improvisations, government publications, or “commonly available” works like calendars or rulers cannot be copyrighted. So, if you are teaching a method, idea, or government bill, copyright is not an issue (Copyrightkids.org).
2. Intended Purpose
The NOLO article advises us to think about whether we "are creating something new or just copying" when we use copyrighted material. Is the information being used to help illustrate an idea in your lecture? Do you plan on publishing the lesson you create in the next issue of your favorite education journal? Education and research are both accepted reasons for fair use, so ensuring the intent of your lesson is educational is a must. As soon as you start to profit from the use, your "fair use" is compromised.
3. Importance
How important is the excerpt or piece you are using? Is it the painter's masterpiece? The author's breakthrough moment in the plot? It's not always how much you are "borrowing" from another, but significance to their career must also be determined. Also, you have more freedom to use "factual works" than "works of fancy,"(NOLO).
4. Location
Will you be using the material just in your classes, with the entire school, or in the greater community? With fair use, the location must be limited (Copyrightkids.org).
5. Whether to Give Credit or Ask Permission
Just because you attribute the work to the author or artist does not put you in the clear. If something has yet to be published, then it is not fair use. When in doubt, find out who owns the copyright and obtain permission before use (Copyrightkids.org and NOLO)
Fair Use Families
Talking to parents and students about fair use may prove challenging. However, it will be essential to eliminate any issues that may arise with reports, presentations, or homework. At the beginning of the school year introduce students to the concept by explaining that the principle of 'copyright' "reflects our appreciation for all the hard work that goes into creating 'original works of authorship' and respect for the right of the creator of that work to control what people can and cannot do with it," (Copyrightkids.org). While we do have some freedom under the principle of fair use in the realm of education, we must be responsible and consider when, where, and why we are using copyrighted material. Students should have an option to decide whether the work they create is published in school newsletters, on our class website, or displayed in the school. Parents can be given guidelines to consider for projects and assignments completed outside of class with suggestions of how to be a "fair use family." With all of this, our school community will be well on its way to becoming a responsible educational environment.
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I'm with you as far as letting students know about copyright law. I believe one of the biggest hindrances to students' understanding of copyright law is the way in which the internet makes information instantly available, apparently without consequences. In an age of file sharing, DVD ripping, and the like, a student may have no qualms using copyrighted material in an illegal manner.
ReplyDeleteStudents and parents should have the right to determine where and how their work is used not only for reasons of copyright law. Obtaining permission also alleviates the potential stress and embarrassment that students, even good ones, feel at their work being displayed.
Frankly, after taking the quiz, I find instances of fair use vs. copyright law to be a bit confusing, so I'm sure students could all use some clarification. But, as mentioned in this post, when in doubt, always seek clarification.
I agree with Matthew that I am unclear about the coverage granted by Fair Use to use copyrighted material. This is a essential conversation with our CT's to decide the procedure for using copyrighted materials. As Ruth mentioned, it is certainly better to ask then infringe on copyright law.
ReplyDeleteAs Matthew mentioned, immediate access to the internet creates the illusion that all material is "public domain". Depending on the notion that anything published before 1923 is usable is problematic. This rule does not stand if the copyright is renewed.
The Fair Use article mentioned that educational uses are generally Fair Uses. As young teachers we will have to resolve this unclear distinction by asking our school community and researching Fair Use.
To what extent do we need to give credit? If citing the author is not sufficient, who do we pay for the rights and when? In high school, our theater department paid for the rights to a play because the school would sell tickets for entrance and make money from the musical. Do teachers really need to pay to watch a movie in class? Hopefully Fair Use and limited exposure allow a teacher to use a film as academic material.
Finally, the suggestion of copying less than one paragraph to avoid copyright infraction sounds unproductive to the lesson and the author.
I agree with Matthew and Ruth that issues of plagiarism should be addressed early and often. We should ask our CT's about the Honor Code of the school and the infractions of academic dishonesty. But as a preventative move, teachers should have a conversation with their class early in the year to demonstrate the limits of Fair Use. Especially, as Matthew pointed out, for students who have the world of copyrighted material at their fingertips.
I agree with Matthew that I am unclear about the coverage granted by Fair Use to use copyrighted material. This is an essential conversation with our CTs to decide the procedure for using copyrighted materials. As Ruth mentioned, it is certainly better to ask then infringe on copyright law.
ReplyDelete(I had to fix my typos)
Typos are allowed on blogs (: Maybe.
ReplyDeleteIn short, I wholeheartedly agree with that which has been written thusfar. Copyright law is indeed confusing, perhaps most so in a school setting, as schools' primary function is to provide "education"--a concept that we normally consider benign to the corporate world. It is incredibly important to train students to properly cite the authorship of unoriginal products, both for the sake of legality and also for the sake of clarifying the source of an idea so as to show possible biases, offer more poignant critiques, etc.
ReplyDelete