Copyright law and Fair Use reflection:
1) I didn’t realize it was so easy to violate copyright law. I had been under the impression that if I wasn’t making money on it, or if I sited the author in my work, I was good to go. This is not the case. The rules are fairly complex, and differ for different types of media. Some of the rules require you to know things that may not be obvious when you come across something you want to use.
2) I don’t believe the current copyright laws are fair, because they don’t distinguish (much) the intent of the violator. I think a fair copyright law would be based on the intent of use, to the extent that if you aren’t going to profit from using it, you should be alright. In practical application, this sort of happens because us poor people don’t make good lawsuit targets. I do think causing the original owner to lose money could be an exception to this profit rule, if a reasonable person could have predicted the harm caused. In other words, if you knew, or should have known, that your use was going to harm the author or artist monetarily, then the more complex laws should apply.
3) I must make sure I don’t violate the copyright laws by being familiar with the rules, checking when I’m not sure, and generally make sure I’m using things for educational purposes. I won’t be copying entire works for my students, and I won’t be showing videos unless it’s from the school library or falls under one of the other exceptions to copyright laws.
4) I will not enforce copyright laws in my classroom, but I intend to follow them, and I intend to notify students when I think they’re on shaky ground. I will inform students, before projects or research are done, where to find copyright rules if they are interested in being careful. I will not publish my refusal to enforce anywhere except this blog. I don’t believe the current copyright laws are fair, and I don’t believe I’m obligated to report or respond to violations by others.
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Nice post Everett, you make some great points on the copyright laws not being entirely fair. I agree that any lawsuit alleging infringement should take into account the intent of the users, so long as the intent isnt to profit or take credit for something that isn't their work. I like second your opinion that, while i will inform my students how to properly and legally borrow from another author, i will not enforce the copyright laws.
ReplyDeleteYou're not gonna rat them out, eh?
ReplyDeleteI think you're right about informing your students when they are on (or crossed) the border of violating copyright law. As future teachers, we want to teach students and enhance learning. We aren't cops, right?