Copyright is a complex subject and a subject that so many people ignore. In Brad Templeton’s article 10 Big Myths about Copyright Explained, he covers 11 different myths people believe about copyright laws. I have heard teachers and students use some of the same myths. I am not sure if they believe them or just use them for an excuse. People believe if they buy music then they can do whatever they like with it because they own it. The same is true with the Internet, students believe it is okay to grab images and use them at anytime. The software on computers today makes it so easy for people to copy.
I know teachers use copyrighted materials for educational purposes. I believe they do not understand that it has to be in small bits. The unassigned percentage for the amount of use provides a so-called loophole. The video A Fair(y) Use Tale, provides a great example of a small bit and what a great video demonstrating the use of a small bit. I think on the educational side a small bit will get the point across to students better than providing a copy of the whole article or video.
I thought the Obama hope poster article was interesting and I would have liked to see how the court system would have ruled. Did Shepard Fairey”s Obama Hope poster meet the requirements of fair use? Would it be a parody? The definition of a parody is an imitation or a version of something that falls short of the real thing. I believe it looks like the real thing. It would have been interesting to see how the court would have ruled and if Shepard had a good defensible position. Fair use is not a right but a defensible position. Shepard could have just as easily found an image in creative commons.
10 Myths About Copyright Explained by Brad Templeton, http://www.templetons.com/brad/copymyths.html retrieved on 6/8/2009
Youtube video: A Fair(y) Use Tale by Eric Faden/Media Education Foundation, http://www.youtube.com/watch?v=CJn_jC4FNDo retrieved on 7/18/2009
http://josephbustillos.com/m11/pages/mi-obamaposter2.html
Creative confusion: http://www.flickr.com/photos/joepemberton/1438687193/sizes/m/in/photostream/
Orphan photos: http://www.flickr.com/photos/joepemberton/1438687193/sizes/m/in/photostream/
Del I too have thought about the use of copyrighted work for educational purposes. Until the video and your reminder, I have to remind myself that it's cool in small bits. The goal is to use the work to help to inform, educate or inspire while teaching. As long as educational use doesn't venture into the for profit end of things, it's pretty safe.
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ReplyDeleteI could not agree with you more that copyright is a very complex subject. It is much easier to blame the myths than actually learn the accurate way to use copyright. I do not think people have ever read the copyright law, so that is where people make excuses when they violate the copyright laws. They do not make themselves aware of the correct way to use images, music, and all other copyrighted materials. The video A Fair(y) Use Tale is a great way to demonstrate students the use of copyright. I also believe that it would benefit if the video was presented to teachers, it might help them understand the proper use of copyright. There are so many websites that provide free copyright images, but still then you really have to check the small print on the license agreement on the proper use of the images. Like I said before, copyright is a very complex topic and because it is so complex, people do not want to take the time make sure they understand the correct way to use copyright.
Great questions and insight. All of Shepherd Fairey's problems would have gone away had he gotten permission from AP to use the image, but then that goes against the ethic of something who wants to be known as a "street artist." There were a lot of people who were disappointed that the case didn't go the distance. Get permission and it's smooth sailing... :-)
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