by Brenda Snider
Many people think the purpose of copyright is to prevent others from stealing the work of individuals. This misinterpretation threatens the advancement of knowledge and learning (Loren, 2010). The Constitution, Article 1, Section 8, Clause 8, states that the purpose is to promote the progress of knowledge and learning. Those who view copyright as an asset to the economy are destroying the main purpose. It is not about making money. Copyright law was originally written to further knowledge.
“Most colleges rely on section 110 of the copyright statute (17U.S.C. section 110). The first part of this section governs performance or display of a work in the course of face-to-face teaching, and the second part covers materials transmitted in distance education. However, these sections specifically state that they only apply to nonprofit educational institutions. As a result, the educational exceptions in 17 U.S.C. § 110(1) and 17 U.S.C. § 110(2) may not be used by for-profit schools” (Carson, 2008, p. 57).
As I begin to learn more about copyright and fair use in instructional design, I am wondering if anyone is teaching copyright and fair use in their classes. Do our students know that if they create a work, i.e. article, video, graphic, etc. for a company they are working for, they cannot use that work in their portfolios unless they obtain permission? The company they are working for owns the copyright.
Has anyone used A Fair(y) Use Tale (Faden, n.d.) in their classes as part of an assignment on fair use, for example asking your students to analyze the video based on the four factors that judges consider when determining fair use: the purpose and character of use, the nature of the copyrighted work, the amount and substantiality of the portion borrowed, and the effect of the potential use on the market?
Carson, B.M. (2008). Legally speaking—Copyright and for-profit educational institutions.DLPS Faculty Publications. Paper 9. Retrieved from http://digitalcommons.wku.edu/dlps_fac_pub/9/
Faden, E. (n.d.) A Fair(y) Use Tale. Retrieved from http://cyberlaw.stanford.edu/blog/2007/03/fairy-use-tale
Loren, L.P. (2010). The purpose of copyright. OpenSpaces Quarterly. Retrieved from http://www.open-spaces.com/article-v2n1-loren.php