Blog Post # 7: Implications of Copyright Issues for Educators

   The readings on copyright issues with respect to technology in the classroom, and the questions we had to consider, make it abundantly clear that this is a complex, confusing area to grasp in our modern digital world.  Indeed, it seems that both teachers and students (the guidelines differ for both) routinely violate copyrights, either unintentionally due to lack of understanding or else knowingly but with the attitude that it doesn't really matter in the educational setting.  In fact, it is a serious matter to violate the rights of the author/creator of a work.
   Educators therefore need to, first, learn the rules.  This is tricky as what constitutes the "fair use" of a poem or story or digital image is open to interpretation, depending in each case on a variety of factors that must be considered together: the purpose of the use (eg nonprofit educational?), the nature of the use (has it, say, been used simply as a springboard for further creative work?), the amount and substantiality (is it, say, just a 30 second film clip or an entire movie?) and the effect on the value of the work (has the teacher photocopied entire books to avoid purchase?).          
   However, lots of guidelines exist to help teachers understand what is okay to use and what is not.  They need to be taught that all tangible creative works are protected by copyright the moment they are created.  Merely adding quotation marks and crediting the author does not mean they are in compliance.  The best course of action is to seek permission when an educator is not certain about whether it is appropriate to use a certain piece such as playing a DVD or posting videos as part of a multimedia presentation.  Teachers also need to be aware that the purpose for which they use the work is important; there is more leeway in the classroom setting than say, for a teacher portfolio created for a conference.  And they need to understand the limits on fair use, such as the guideline that a taped documentary should not be used in the classroom for more than two years without seeking copyright permission.
   It must be stressed to educators that the Internet is not a public domain, and also that most software, including freeware, is not in the public domain.  It is always best to seek permission.  Having it explicitly granted benefits everyone.  In addition, teachers should choose to work with established sites that seek a middle ground, recognizing the rights of creators while allowing certain uses for education.  The Creative Commons is the best known.  It features Magnatune, which offers downloadable music, and Open Photo, with photographs that can be used so long as there is proper attribution, as well as texts, etc.  The Creative Commons search engine helps identify materials whose authors permit reuse for noncommercial purposes.  All teachers should be trained to use this site.
     Indeed, teacher training in copyright law is a key implication of the digital revolution in the classroom.  Educators need to understand the rules, the importance of compliance, and the many, many resources available to help with copyright compliance.  In turn, teachers need to relay these lessons to students and assist them in understanding the importance of student compliance, and how to accomplish it.