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?
References
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
