Week 9: Copyright & Fair Use

My first job post-college was in the Copyright and Permissions office of a publishing company. Each day I would receive letters from authors and publishers seeking permission to use figures, tables, graphs, and other content previously published in one of our journals. My job was to approve or reject the request based on our criteria. Requests would be from colleges seeking to produce copies of articles for course packets, authors wishing to use a graph in a new article, or publishers seeking to reproduce extended passages in textbooks.

Five years later I was working as a librarian, guiding students and faculty on the ethical use of information. My general rule when working with students of any age: if you didn’t create it, give credit to whoever did. “It” can be ideas, information, pictures, drawings, videos, even sounds.

Everyone accepts that ideas and information should be cited. However many assume that if something has been published to the internet, it is safe to use in any way we’d like. I think the biggest area of copyright abuse occurs through Google Image result sets, which are often treated no differently than the clip-art that comes with MS Word. With the easy availability of material, information seekers find it difficult to believe that there is actually content out there that they are not allowed to use, even if they cite the source. Understanding how to apply the finer details of copyright and fair use can be difficult, even for those familiar with the laws.

For this reason I love Technology & Learning’s "Copyright and Fair Use Guidelines for Teachers". This is a teacher-friendly guide to working with material created by others. I like that it draws the line between what can be shared within the walls of the classroom vs published to the internet. This infographic also distinguishes between the two most common uses within the classroom – instructional tool and new work. The guidelines differentiate between the two uses, clearly explaining what can be shared, how much of the original can be included, and under what circumstances use is permitted. While it doesn’t cover all circumstances, it is a good reference for teachers as they model ethical use of information for their students.

I also really liked the video “Understanding "Fair Use" in a Digital World” published by Common Sense Education. It is a great teaching model for discussing copyright and fair use with students. The teacher guides students as they evaluate works that incorporate copyrighted material. Her examples are of high interest and are from the media culture in which students live. As students grapple with determining whether the videos fall under the rules of fair use, they begin to have some understanding of what is truly acceptable for them to use in their own productions.


2 comments:

  1. I wonder... Does your experience at the publishing company or as a librarian make you any more comfortable with copyright law than you would have been otherwise? I am reminded of my experience with doing corporate tax returns and how that made me much more comfortable with doing my own taxes. Maybe we're talking about apples and oranges here, but I imagine that your experience would make you more comfortable than someone like myself.

    My most recent work experience that involved copyright was in a planetarium. We were creating new shows and it was difficult for me to convince the new manager that copyright law was important for us to consider in everything that we did. I often found that people assumed that we were free to use whatever we wanted because the planetarium was on a college campus. I always tried to err on the side of caution, looking for explicit written permission for everything that we used. Now my attention has turned to my website. Since this is my first time building a website, I need to learn the copyright rules that apply to that medium. I just hope that it's not too complicated.

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  2. Michele, it seems as if this topic is right up your ally. Can you give an example of the criteria you used to approve or reject authors and publishers seeking permission? As long as one is not financially gaining from copying a work, I don’t see when someone requesting permission would be denied. I am curious to hear your response.

    I was also taught your general rule. When using a quote from an article in a college paper, I always start with, “As stated by (author) in (title of work)…” in addition to citing the source. I do find the format for citing the work a giant pain but that is a topic for another day!

    I mentioned in my post it is easy for one to view the Internet as the Public Domain. I am an offender of this. I hate when find the perfect image from a Google image search and there is a watermark on it. I get why, but sometimes I feel like “Oh common!!!”.

    Thanks for sharing Technology & Learning’s "Copyright and Fair Use Guidelines for Teachers". It is very specific and informative. I will definitely be keeping this handy.

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