fuzzy copyright - cc licensed ( BY NC ) flickr photo shared by Nancy Sims
Objectives
- Investigate how lack of knowledge about copyright and fair use negatively affects teaching and learning
- Differentiate why many "educational use guidelines" do not have the force of law
- Analyze how "educational use guidelines" interfere with genuine understanding of fair use
Rationale
Confusion and misinformation regarding copyright has multiple far-reaching consequences. Unnecessary copyright restrictions and lack of understanding about copyright law, often perpetuated by myth, fear, and attempts to concentrate control, continue to limit knowledge, innovation, and user's rights. Yet, copyright law allows for wide-ranging use of copyrighted material without permission or royalty payments. In fact, use of copyrighted material for educational purposes affords a broader range of fair use exemptions. Educators and students alike can take more control by gaining greater knowledge of copyright issues and making well-founded claims of fair use.
Challenge
Your challenge is to identify the instances and consequences of copyright confusion, differentiating fact from opinion, as well as explain how ignorance threatens the right of fair use.
Instructions
Please complete the following activities.
Required Viewing I
Watch the video "The Cost of Copyright Confusion" from the Media Education Lab, now located at University of Rhode Island.Required Reading
Read "Educational Use Guidelines FAQ" by Renee Hobbs, Katie Donnelly and Sandra Braman, which provides a summary of the history and issues related to "educational use guidelines" and its impact on fair use.
Having read the FAQ document take a look at these two attempts at creating educational use guidelines. When viewing the following two examples consider and note the limitations that they impose, especially the specific ones that include numerical limitations.
Spend some time exploring Baruch College's Interactive Guide to Using Copyrighted Media in Your Courses. The site metaphorically uses a subway map as the user experience of determining whether or not to use a copyrighted material. Run through the interactive guide a few times trying different pathways to get a feel for their attempt to clarify educational use guidelines.
Read Hall Davidson's chart Copyright and Fair Use Guidelines for Teachers. Davidson is the director of the Discovery Education Network, the Discovery Channel's educational outreach program. This page attempts to outline what is acceptable use based on media type.
Required Viewing II
Watch the short advocacy documentary Jacob Caggiano's Eyes on the Fair Use of the Prize.
Think of two comments about either the documentary or topic of copyright in general.
- one fact-based comment on what you have learned about copyright and fair use
- one opinion-based reaction, including any feelings, personal experiences, and reflections.
Discussion
Think of a list and some brief explanation of the advantages and disadvantages of the educational use guidelines that you viewed. Why have educational use guidelines contributed to copyright confusion? Be prepared to share in class.
Also, consider some reasons why business leaders want specific, detailed rules, such as those presented in various educational use guidelines like the one's you viewed. Then consider why some educational leaders want such specific, detailed rules.
Legal
All copyright lessons are inspired by and adapted from the Copyright And Fair Use: Lesson Plans for High School, College and Graduate Education work of Media Education Lab Professor Renee Hobbs at the University of Rhode Island's Harrington School of Communication and Media.
