From youth, some dream of making
it big as a musician, movie maker, writer, or other career that involves
creating material from scratch. These people grow up and find success, putting
their life's work on display for us to view. If we like it, we want to have a
copy of it for ourselves - for our use in whatever way we want, including in
our classroom. Unfortunately, some users are not as bound by ethics as others,
and the need for copyright law comes into play.
Copyright law protects the rights
and privileges of the creator of many types of works. It secures the created
works as a means of earning a living, working to be sure that the
author/composer/producer receives, not only verbal/written credit for the work,
but also a fair monetary compensation for the time, effort, and expense
required to create the material. However, the ease of sharing information via
the Internet has made monitoring the use of copyrighted material more
challenging, and many people are confused about how to uphold copyright laws in
their use of the material.
One myth concerning fair use in
education is that:
EDUCATORS CAN RELY ON “RULES OF THUMB”
FOR FAIR USE GUIDANCE.
This is a very confusing element
of the fair use "rule" in copyright law. The law is not very clear on
what makes something "fair," and the flexibility of the rule can lead
to a disagreement between the creator and the user of the copyrighted material.
According to the “Code of Best Practices in Fair Use for Media Literacy
Education,” four types of considerations are included in the copyright law -
the purpose of using the work, what kind of copyrighted work is in question,
how much of the work is used, and how its use might affect the financial status
of the owner and the user.
When considering how much of the
work is used, I have always heard that you can use the rule of thumb concerning
what percentage of the material is being used. For instance, no more than two
bars of a song or less than 10% of a written work. The reality is that
copyright law and the fair use guidelines do not specify any quantitative
limits, and the judgment on whether or not the use is fair is somewhat subjective.
Should legal action be taken, it is up to the judge to make the call on
legality of use.
I actually find this information
even more interesting in light of the recent Georgia State University copyright
lawsuit. In short, the university was sued by some textbook publishers because
they had posted portions of the books as electronic resources for students to
use. Almost 100 cases of alleged copyright infringement were cited and the
judge determined that only five were truly a violation of the law. In fact, the
ruling stated that the university had been found to have done its best to
uphold copyright law, validating the school's efforts to apply the fair use
guidelines in its classes.
References:
Code of best practices in fair use for media literacy
education. (n. d.). School of Communication, American University. Retrieved
from http://mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0
“GSU wins copyright case.” (2012). Georgia State University.
Retrieved from http://www.gsu.edu/news/61650.html