To be 100% honest with you, until I began my masters program in media and instructional technology I had NO CLUE what fair use was or if I was breaking any copyright laws and I have been teaching for 11 years! I knew that it was not legal to copy a movie I rented from blockbuster and then there was the whole Napster thing. With the help of my instructors and some very insightful discussions with my school's media specialist, I now know that there are quite a few copyright laws that pertain to teachers and there is something called "fair use."
So what exactly is fair use? Fair use is the right to use copyrighted material without permission or payment under some circumstances- especially when the cultural or social benefits of the use are predominant (AUSOC , 1).Fair use is flexible and was meant to be used as a guideline not a law. Fair use was meant to be used and can be modified or changed to keep up with changing technology or to better meet the needs of its users. Copyright law does not state how fair use it to be applied exactly which helps to give it its flexibility and to work with its users.
When something is challenged and comes before the courts, most judges have four considerations that help them to determine if the work falls under "fair use":
1) the nature of the use
2) the nature of the work used
3) the extent of the use
4) its economic effect
(AUSOC, 6)
I chose to focus on: fair use is too unclear and complicated for me; it's better left to lawyers and administrators.
Who knows what resources are needed to educate better than the educators? Educators should be aware of what their rights are because they help to shape their own guidelines on fair use. Educators should be very vocal and share what they know with their faculty, media specialist, IT, and administrators. The more people are aware of these rights the more they will become put into practice. Who would you rather help to decide what good fair use practices are a politician that knows nothing about what is needed to teach your curriculum or teachers that are immersed in it every day. By not knowing and using those fair use guidelines you are allowing your students educational environment to be stifled.
Our county no longer has a policy & procedure manual that they post. Instead each school is encouraged to create their own or use one handed down from the state or previous media specialist. As I interviewed my media specialist about copyright, it was astonishing as to how little I actually knew. I began to think back on all the things I had done in the past and wondered why I wasn't sitting under the jail. She stated that she did post "fair use" around copy machines but that copyright was something that was very hard for her to enforce and at times was not a battle that she really wanted to fight. Instead of putting our heads in the sand or turning the other way, I think that it is necessary for those who know to share. We are in the business of teaching so why should that be limited to students? One way that this might be accomplished would be to have a copyright staff development at the beginning of the school year. This would help remind teachers how fair use was intended to be used and it would also inform those that were unaware of it purposes.
Resources
AUSOC. Code of Best Practices in Fair Use for Media Literacy Education.http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0
I too had the same experience regarding copyright guidelines, and I still feel overwhelmed and unsure at times. Your information regarding fair use is very helpful, and your point that we must all get involved in the decision process is a good one. I believe training is the biggest obstacle. Much like we were, administrators, teachers, and students are not properly trained or informed about copyright guidelines and fair use policies.
ReplyDeleteI have not yet seen a school vested in this topic. It seems to float above everything else. It is there over shadowing everything we do, but no one seems to take ownership of it. To change that, I believe direction must come from administration. I agree with your statement that the more people are aware of these rights the more they will become put into practice. Media specialist should not be put in the role of “copyright police”, but as an informed leader of this topic. As media specialists strive to create working relationships with teachers, they do not want this issue to become a battle field. To circumvent this we need the support of administration to place some of the responsibility of following copyright guidelines on the teachers.
I watched that video and read the link and still I feel confused about it. Many teachers at my school get very angry at the media specialist for trying to enforce copyright laws. We have been told to only use a short segment of a movie, if needed, for teachig purposes. The media specialist bought a movie license to stop much of the violations from showing movies in classrooms. I don't recall anyone touching this subject at my school beyond movies. As a teacher, I would really appreciate specifics. I think this is why the 10% rules came to known. It is too vague to most people so coming up with something instead of "it depends" makes it tangible to grasp.
ReplyDeleteI think a staff development on fair use would be a great idea. This would also be a great opportunity to bring the county tech/media person to the school so that teachers wouldn't direct their anger at the media specialist for delivering the message. I like the idea of seeing fair use as an opportunity and permission to use more in classrooms and not as a prohibitive measure. If we could help teachers embrace this as a positive, we could get more open discussions going about it.
I really appreciate your challenge to truly be “teachers”, and for those of us who have knowledge to be willing to share with others. Although it is difficult to have all the answers or to be an expert in the area of copyright and fair use, I would be terribly embarrassed, as a media specialist, if I couldn’t give some sort of guidance to those needing assistance in this area. It is a shame that there are media specialists (like the one you mentioned) who stand by and watch blatant violations without offering advice or suggestions. It is easier to just let things go, especially when we haven’t seen anyone punished for copyright violation in our schools.
ReplyDeleteAs you mentioned, I think staff development is the key to promoting a better understanding of copyright laws. If we are uncomfortable with the more confrontational reprimanding and correcting of teachers for their misuse of copyrighted materials (which 99.9% of us probably are), we can take the more positive, proactive, approach and plan to develop and deliver mini-lessons or quick tips for the proper use of copyrighted materials and fair use policy. There is a great deal of ignorance out there, along with a few straight-out rebels. Once people are informed and educated, most of them will want to act responsibly. We may be the only guidance they get.
Throughout my years of teaching there have been various in-services with regards to copyright and occasionally fair use was mentioned but not at length. Until reading the Best Practices in Fair Use for Media Literacy Education by the Center for Social Media, I had no idea of the expanded use we are entitled to. There have been times that I was worried about making a copy of a page for a student because I was afraid it was a violation of copyright. I wasn’t making mass copies, but occasionally one for a student who left their book at an out of town relatives and needed it for a test or assignment. After reading fair use, I feel better about this aspect of helping students. The myths/facts at the end of the Fair use article really reassured me.
ReplyDeleteI am in total agreement that there are so many teachers out there that don't know or understand what they can use and what they can't. I do think that there are some who don't want to know and are going to do what they want so you can't "police" them or you may go crazy. On the other hand there are a lot of teachers who just don't know and would do a much better job of using materials fairly if they were better informed.
ReplyDeleteI think that a using materials fairly and that avoid copyright issues is the right thing to do because if you use it and then teach it to your students then it will help them model correct behavior as they move up to higher grades. If you do not model correct fair use guidelines then you are sending the wrong message to your students. If you let students use an entire song then you are teaching them it's okay. If you teach students to pick music that is copyright free or to use the fair use amount , you are teaching them and instilling honesty and integrity in them.
You said, "I chose to focus on: fair use is too unclear and complicated for me; it's better left to lawyers and administrators."
ReplyDeleteIt is certainly a complicated issue when it varies from application to application. The hard part comes for us as media specialists when we have to be the monitor for the school and an example for our colleagues and students.
I do have to weigh what I use in the classroom so that I don't have to find out what "lawyers and administrators" think of what I've done. Fair use is a guideline, as you mention. I think that examples of those four conditions you mentioned would be helpful for teachers and students. Of course, even with a good definition in hand, some will choose to violate the intent of Fair Use, just as many speed or roll through stop signs.
Like you suggested, one of the schools where I conduct my field experience is required to provide staff development on copyright and fair use during pre-planning of each school year. All teachers are required to attend this session. My mentor is the one who conducts these copyright training classes and she says that it often goes in one ear of the attendee and out the other. Even though teachers will often times take the risk of using copyrighted material, my mentor says at least she has done her responsibility to inform the staff at McCleskey Middle School and enforcing that they follow the guidelines cannot be her sole responsibility. So I agree with you, copyright training should be a requirement every school year.
ReplyDeleteOn another note, I learned something new through your post that Fair Use guidelines are not actually part of the law. I think teachers should be given the opportunity to make the best decision regarding copyrighted material as it affects their classrooms. I'm glad to know that educators are not completely restricted in this area and I wish more teachers were aware of this.
I have been doing a lot of research on copyright lately for another project...and I love the point you make about educators themselves shaping the guidelines for fair use of copyrighted works! It is so true, as fair use is not strictly defined. It is important to remember that fair use is a DEFENSE against a claim of infringement. So, really, as long as your use of copyrighted materials would be considered by a court to fall under the "fair use" provision, that use is perfectly fine. Truth is, it's uncharted territory, and it's never desirable to play the guinea pig. Nobody wants to get sued and be made an example of what NOT to do. However, the more court cases there are regarding infringement and fair use, the more the actual law around fair use will be shaped. This will only occur through the process of educators and others using copyrighted works for educational purposes and holding up the shield of fair use to protect them when copyright holders sue.
ReplyDeleteAlthough I would never suggest an educator blatantly use a copyrighted work in a fashion that would constitute infringement, I do think educators should be as knowledgeable as possible about copyright in order to make good judgments about what constitutes fair use and in order to not be restrained by inaccurate perceptions regarding what is or isn't allowed under fair use.