Reflective Post #6: Copyright and Creative Commons

http://www.copyright.gov/fls/fl102.html  Summary:

                The website summarizes what the “fair use” doctrine is and how it was developed throughout the course of a substantial amount of years in court decisions.  Section 107 shows us what factors are deemed “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

 However, fair use is never clear-cut, and almost always there are outlying factors that need to be taken into consideration.  “There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.”  The website also says the best way to ensure no copyright laws are broken is to contact the owner of the copyright and get permission to use their work.  If the copyright owner cannot be contacted, you should either A) avoid using the material or B) make sure it does fall under the doctrine of fair use.

http://www.educationworld.com/a_curr/curr280.shtml  Summary:

                This website sets out to help teachers understand what copyright laws are and how they are broken in a five step model.  Step one: We learn that most people “get away” with copyright infringement because of a lack of “police.”  Then, we see an example of a teacher breaking the copyright law.  The basics of the copyright law are given next, including the short list of works that are not copyrighted.  Then, we see other intangible works that aren’t copyrighted.

                In Part 2, the website provides details about fair use.  It provides the factors that determine whether the fair use policy can be used.  Teachers are then given several guidelines to follow that fall under the fair use policy.  These guidelines allow teachers to copy: a chapter from a book, excerpt from a children’s book/similar work (not more than 10%), poem <250 words, article/short story (<10%), and a graph/chart/diagram/etc. from a book/periodical/newspaper.  The guidelines do not allow teachers to: make multiple copies as a substitute for the work, copy the same work for >1 semester/class/course, copy the same work >9 times a semester, use it for commercial purposes, or use work without attributing the author.  We are then given guidelines for showing music, tv, and videotapes, in the classroom.  If any of these laws are broken, most times, teachers will not face prison time, but should stop the use of the copyrighted material immediately.

                Part 3 is the Copyright Law and New Technologies.  The website shows us what internet resources we can and cannot use in the classroom.  They give us a look at copying quotes from e-mails, downloading graphics, etc.  Even if you aren’t required to ask permission, it is considered bad manners to NOT ask permission.  Finally, we get a look at software copyright laws and how those affect the classroom.  There are guidelines involving what programs you can and cannot install on more devices, and tips to read all licensing agreements for programs you use.  Part 4 builds off part 3, by involving fair use and new technologies.  We first get the background of how fair use was implemented for teachers and librarians.  Next, the website shows us what teachers can/cannot do to implement copyrighted material into their classroom, but still fall under “fair use.”  Then, software guidelines are given to us and lastly, we look at the CONFU guidelines for new technologies.

                In Part 5, the website shares liability and teaching responsibility are presented to the reader.  Tips for school districts are given to ensure liability is limited.  The teachers are also recommended to show students about copyright laws and share information with them, so students have some responsibility regarding copyright infringement.  Finally, a “test” is given to summarize the website’s five parts.

http://creativecommons.org/about  Summary:

                This website defines creative commons as “a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools.”  Creative commons gives people the rights to use and build upon your work as part of their licensing.  It isn’t an alternative to copyright, but it helps you modify copyrights.  The organization provides their mission and vision, followed by why to use creative commons and what they can provide to you.  The website also has the support of volunteers around the world, and you can volunteer alongside them.  Creative commons is trying to open the licensing of the internet and allow a greater access to its materials.  There are also links about current/future projects, licensing, and ways you can support the website.

http://creativecommons.org/education  Summary:

                This builds off the homepage of creativecommons.org.  It shows how creative commons is impacting education in the 21^st Century.  The OER (Open Educational Resources) allow teachers and students to have free access to textbooks, lessons, worksheets, etc. that may not be available under copyright laws.  Then, we get a look at some of the “big-wigs” for the CC initiative in education (ex: Khan Academy).  Next, we are given a list of CC projects like: School of Open, Open Policy Network, Our Professionals Education Network, and Learning Resource Metadata Initiative.

Response:

After reading through all of the copyright websites, I realized that I do in fact break some copyright laws from time to time.  In college, I don’t believe we ever looked at any of the copyright laws or fair use laws in any of my classes.  I remember doing something with copyright in high school, but it was geared more towards books, magazines, newspapers, etc.  I know copyright laws are very important and I do need to inform my students of how to cite, get permission, and use other people’s works without breaking these laws.

                I really like what Creative Commons is trying to do in terms of “spreading the wealth.”  It seems like they are on the right track toward incorporating more collaboration without the “fear” of copyright infringement.  I know for several research projects I’ve done, in the past, I never know what I can and cannot use without breaking copyright laws.  It is frustrating as a researcher to have access to the information, but not be able to use it, or only be able to use certain parts of it without permission.