I watched this video this morning, as part of my preparation for a course in "The Teaching of Popular Fiction & Writing" next Spring. I liked the level of advocacy here for educational use of pop culture material in the classroom, as well as the emphasis on 'best practices.' You can download the full report from the Center for Social Media.
I share these professors' enthusiasm. But fair use can be a muddy area to define and the issue can get complicated. Even so, the essays available at EDUCAUSE on educational fair use are enlightening for those who are trying conscientously to sort out these matters. One essay from EQ that struck me was "Managing Intellectual Property for Distance Learning" by Liz Johnson, which offers a decision-making model for breaking down the numerous choices that a teacher could consider when sharing materials in an online course, for instance.
Most of what I know about copyright, I learned as a writer, not an educator, and the coverage in the Chicago Manual of Style stands at the foundation of what I know of the subject. I'm no lawyer (so please don't ask me any legal questions on this topic), and whenever I reseach the subject of copyright and fair use in online environments on the web, one of the things that trips me up are nagging questions about new laws: "am I reading the most recent law? does it cover new emergent technology and the latest digital copyright standards or is this an outdated article?"
Regardless, I think it is important to be clear with students about the 'situational ethics' of using copyrighted material in the classroom or in an online environment. I once had a student download an article I shared in an online course, only to turn around and post it to their blog to share with others...I had to inform them that this was a copyright violation, because when I shared it the first time, it was only for educational use and that the author's rights were protected because it was online downloadable behind the firewall/password-protected CMS service. Now I go out of my way to make sure students understand that the principle of fair use is in place in the classroom, and explain that it is a little bit different than how material is shared in the outside world. It might even make sense to make 'fair use' itself a topic for students to study, particularly in any course where the students are learning how to work in an area that produces intellectual property (the arts, writing, journalism, etc. etc.). If one thing is clear to me about fair use doctrine, it's that the context of any use is everything.
A few additional informal points that guide my own praxis on this subject (your mileage may vary):
+ Avoid using outside sources as "window dressing" -- they should be the lumber of the learning mill. Analyze, utilize, discuss, work with whatever you bring into the room.
+ It is wise to do a little research and contact an author if you wish to use their material in a classroom. I have never met a writer who said 'no' and having permissions gives you license to use the work in a way that might expand what 'fair use' dictates. Some will expand your permissions, or offer tips on how to acquire more material on the cheap/free (e.g. have their publisher send you an instructor's guide, or point you to a discount on a book); some will even offer to appear in an online chat or take interview questions. This also expands your network.
+ When in doubt, err on the side of conserving the copyright holder's rights, and be clear about the 'boundary lines'. Not only does this reduce your likelihood of violation, it teaches by example and will set a precedent for respect of property in your classes and with your own intellectual property.
+ Cite as you would like to be cited. Teach as you would like to be taught.
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