Legal and ethical uses of digital information and technologies - Reflective Post #6

This week's readings concern the confusing world of copyright.

Copyright.gov

The Federal Government has created a site to assist the general public with understanding how the topic of Fair Use integrates with copyright law. The site provides some background on Fair Use and even provides some factors "to be considered in determining whether or not a particular use is fair." Unfortunately, more questions are raised than answered after reading through the legal jargon. There is language that suggests how unclear the rules are, even to the government:

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

and 

The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. 

The best information presented on the site are the cold warnings that "acknowledging the source of the copyrighted material does not substitute for obtaining permission" and when in doubt "it is advisable to consult an attorney."

An Educator's Guide to Copyright and Fair Use

After reading through the unclear definition of Fair Use on copyright.gov, it's no wonder so many people are confused about copyright and how Fair Use applies in academia. This article on Education World helps educators understand copyright and Fair Use by breaking the topic down into sections as well as providing examples to illustrate concepts.

1. Copyrights and Copying Wrongs
   Here the basics of copyright law is described and how copyright is often violated unknowingly. Basically, whenever something is created (written, recorded, etc.) in a creative and tangible form it automatically is considered a copyrightable work unless the owner grants permissions, more on that later when we get to Creative Commons.
2. Is Fair Use a License to Steal?
   In this section, Fair Use's history is explained. Fair Use came about to allow the use of copyrighted works non-commercial use which allows for "criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction" of copyrighted materials. With that said educators often make incorrect assumptions about copyright due to using it for educational purposes. The article suggests that educators believe they are free to use whatever they want however they want as long as it is used for instructional purposes which contradicts copyright law.
3. Copyright Law and New Technologies
   This section of the article discusses how easily copyright can be violated due to the open access we all now enjoy through the use of the internet. The internet is full of resources that are misused intentionally or on accident. Even with the best of intentions, relying on an online source is a risky proposition. The article warns that even though something is posted online, doesn't mean it is there legally and that "sites that have obtained the required permission may not have the right to transfer that permission to you." As we've been told by the Federal Government, when in doubt always get permission from the copyright owner to use their work.
4. Applying Fair Use to New TechnologiesThis section finally provides some answers in just how to work with copyrighted works through Fair Use. This list of Fair Use guidelines was created by the Consortium of College and University Media Centers (CCUMC) in 1996. These guidelines help guide students and educators when creating work that includes copyrighted work. The important thing to note is that a fraction of the copyrighted work can be used within the confines of Fair Use when creating a new project. Using a copyrighted work in its entirety, is a violation of Fair Use and copyright law.
5. District Liability and Teaching Responsibility
   This concluding section lays out who's responsible for copyright violations. The article explains that school districts are liable for any copyright violations committed by their staff. The area of greatest risk is the district's website that is easily accessed by the public. The article suggests that there should be a system in place for staff to check for any potential liabilities. Teachers are not excluded from risk. The article suggests that they need to teach students the value of respecting the creative work of others. Teaching students how to request permission from copyright owners should be taught along side of the importance of citing/attributing the work of others in the student's work.

Creative Commons

Creative Commons describes itself as "a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools." To put it simply you are clearly defining copyright rules for your work. A Creative Commons license will inform others, who want to use your work, of how you want them to use your creative work without violating copyright. Creative Commons licensed work also allows more freedom in the educational environment. Students will not be limited due to the restricting guidelines of Fair Use and clears up all confusion with copyright law. With the variety of Creative Commons licenses you can specify the level of restriction for your work to be used either commercially or not.

Creative Commons in Education

Creative Commons strives to level the playing field in the world of education. As I've written about before, technology is closely associated with equity in education. Since the internet is open to everyone, at least in the United States, we are all able to learn with the vast resources available online. The Creative Commons organization is concerned that education "is hindered by increasingly restrictive copyright laws and incompatible technologies" which is why they've created the Education program at Creative Commons to develop open educational resources (OER's). OER's are educational materials that reside in the public domain, or have an open license, that allows free use and re-purposing. When educational materials are free of cost and copyright, the educational barrier is lowered. This allows schools who are at a financial disadvantage to use high quality educational materials to provide the best opportunity for their students to succeed.

As you can see, the world of copyright is extremely confusing. The Copyright Office is not even able to help you avoid copyright violations! Fair Use and Creative Commons licenses definitely help educators and students and provide some options when it comes to using copyrighted works in the classroom. However, proceed with caution when it comes to Fair Use and using copyrighted material that doesn't have a Creative Commons license, and--as stated over and over throughout the readings--when in doubt contact the copyright owner for permission.

I think the Creative Commons license is the route educators and students should try to take when using resources they did not create. Yes, it is very easy to search Google and find the perfect image to use in your presentation, however search.creativecommons.org is just as easy to find great images that contain a Creative Commons license plus you can find other forms of Creative Commons licensed multimedia as well. As easy as it is to use other's creative work, nothing beats creating your own photographs or audio clips. There are tons of resources available to help you become a better smartphone photographer or help you easily make your own music.