Steal This Preso: Copyrights, Fair Use, and Pirates in the Classroom!

[Mathew Needleman]

Essential Questions

How do you handle using copyrighted material in your own classroom?

In what ways does teaching about copyrights enhance students' education?

In what ways has current copyright law not kept up with newer digital technologies?

Additional Resources

[Kevin Hodgson]

Matt
The embedded video doesn't play here. I would suggest revising it with the Blip (that's what I had to do).

Your questions:

Ack -- like many, this is a sticky issue. I am of the "all content should be free" school, although I often argue with myself on this issue (never mind most of my friends, who think I am unrealistic). I know it is a complex issue. But in my heart, I still think that art should be something that is created for the world. But I know this takes money and credit out of people's hands, and this causes many problems.

I think teachers and students can use material for educational reasons -- particularly remixing. But you raise the issue of the 'Net and the Web as a platform for publishing and what happens to that piece of work that is broadcast to the world. This is such a critical issue and I am glad you explore it here, Matt.

Thanks for creating yet another great presentation that has me thinking about what we do and how we can use the issue as a tool for teaching.

And you know what? It points again to the philosophy that the best jam is homemade jam -- make your own content from start to finish and it is yours to use as you wish. Whether you then get pirated, of course, is another issue.

Kevin

[Mathew Needleman]

Thanks, Kevin for your feedback.

I had a section of the video about remixing but I took it out in the interest of time and clarity.

Have you ever Danger Mouse's "Gray Album"? It's a remixing of Jay-Z's Black Album with the Beatles' White Album to create something entirely new. It takes nothing away from either original album and yet it creates a completely unique experience.

[Kevin Hodgson]

But he got into trouble for it, didn't he? (I am trying to remember now).
Kevin

[Mathew Needleman]

He didn't get in trouble but the album was stopped by EMI.

[Mathew Needleman]

@cprofitt

You do not have my presentation correct. As I make clear, I am talking about creating multimedia projects. Using an entire song as an exercise in editing video to music would be an academic exercise and fair use in my opinion...publishing or reproducing that material again would not be fair use. I say nothing about textbooks in the presentation and I do talk specifically about how the amount of a work you use matters.
You may want to familiarize yourself with the Code of Best Practices for Media Literacy Education: http://www.centerforsocialmedia.org/resources/publications/code_for...

As for the laws regarding works for hire, I am very familiar with them. When you create teaching materials on your own time in my district those materials are in fact owned by you. (We specifically have a union negotiated agreement on this, another district might be different.) They would never be in the public domain as you assert but they might be copyrighted by a school district if you were to create those materials on district paid time and had such an agreement with your district.

Of course, in 15 minutes it's impossible to explain all the vagaries of copyright laws and fair use.

I like forward to your K12Online Conference that explains how you see copyright law as it applies to the classroom.

[Mathew Needleman]

@cproffit

Truth be told, I enjoy the challenge to ideas and I agree that the discussion is healthy one.

Teachers are not government employees even though we are, of course, paid through taxpayer money. We are employees of the district. There may be exceptions but this is true of every school district I'm aware of in California. I stand by my assertion that teacher creations are not in the public domain for that reason though if you're "on the clock" they might be owned by your employer (the district). (As an example, see the case of the guy who created the Bratz while on Barbie-paid time).

[Kevin Hodgson]

The discussion here reminds me of why teachers always feel as if they are on unsettled ground when it comes to using media created by other people. Thanks to both of you for engaging in this discussion, although I am not sure how much clearer I am in my head now about what to use and how to use it.
(sorry, Matt).
I suppose this is an ever-evolving issue.
Kevin

[Kevin Hodgson]

I am all for everyone creating as much original material as possible.

[Mathew Needleman]

From the Code of Best Practices from American University:

http://www.centerforsocialmedia.org/resources/publications/code_for...

Educators involved in media literacy feel uncertain in this new environment of heightened commodification. On the one hand, they sense that copyrighted material should be available for their activities and those of their learners, and that such availability has great social and cultural utility. But on the other, they are aware of the increased vigilance with which copyright owners are enforcing their rights. And their actual understanding of the subject is incomplete or even distorted. As a result, there is a climate of increased fear and confusion about copyright, which detracts from the quality of teaching. Lack of clarity reduces learning and limits the ability to use digital tools. Some educators close their classroom doors and hide what they fear is infringement; others hyper-comply with imagined rules that are far stricter than the law requires, limiting the effectiveness of their teaching and their students’ learning.

Copyright law does not exactly specify how to apply fair use, and that gives the fair use doctrine a flexibility that works to the advantage of users. Creative needs and practices differ with the field, with technology, and with time. Rather than following a specific formula, lawyers and judges decide whether an unlicensed use of copyrighted material is "fair" according to a "rule of reason." This means taking all the facts and circumstances into account to decide if an unlicensed use of copyrighted material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner.

They go on to say that teachers need to assert their own rights to fair use. Generally it should be interpreted as broadly as possible.

[Kevin Hodgson]

Lack of clarity reduces learning and limits the ability to use digital tools.

That sentence says it all. And it is our students who suffer.
Kevin

[Nick Pernisco]

Great work!

Here is another resource that might clarify things a little... and this one is actually by lawyers!

http://www.law.duke.edu/cspd/comics/

This one is great to share with kids too, since it's in comic book form.

[Kevin Hodgson]

I have a paper copy of this, too (sort of forgot about it)
Kevin