Kelly Visnak leads off the second day of the University of Wyoming Technology Bootcamp with a discussion on copyright.
Learning environments involve instruction with digital resources at a time when images and content have become “shared” in a free and cavalier environment. How can instructors design engaging courses while navigating copyright law and fair use provisions? The presentation will give a brief overview of this fuzzy arena and leave you with specific take-a-ways to be implemented now.
Digital Learning and Copyright Questions
Kelly starts with trends from 2012 Horizon Report from New Media Consortium:
- Expectation to work, learn and study whenever and wherever
- Cloud-based technologies
- Student group projects use online collaboration tools
- Abundance of resources and relationships… revisit role as an educator
- Learning environments – blended – best of both worlds
- Challenge-based and active learning experiences
Kelly points out that digital media literacy as a crucial skill. Using resources in an educational environment can result in instructor-created materials, guest lecturers, and web-based materials.
Understanding Copyright and Finding Resources
Copyright is a collection of rights such as the right to reproduce, the right to distribute, prepare derivative works, perform works, display works, right to license any of the above to third parties.
To have a copyright, you no longer have to register with the Copyright Office. The moment someone creates the object, copyright applies.
Kelly discusses best practices for copyright. Here are some examples:
- Use works in the public domain
- Use Government works – it’s “fair game”
- You are the copyright holder
Here are some public domain and Creative Commons sites to use:
Other affordable paid sites:
- CafePress
- Zazzle
- Graphics Factor
Stock photos:
- Getty Images
- Photos.com
- Fotosearch
- Shutterstock
- Istockphotos
Government works:
- Archive.org
Teaching Students About Permissions
Kelly recommends educating students on proper procedures for getting permissions to use objects. Include copyright guidelines in the syllabus. For example, you can include permission to use an object in an appendix. People actually consider “fair use” to be risk management.
The TEACH Act and Online Instruction
The TEACH Act has a specific statutory exception. The law requires limiting the work to transmission solely to students. This can be through a learning management system. Your practice to secure works has to be reasonable through the use of technology. Teach act permits the use of new media such as Blackboard, Facebook, RSS, Moodle, etc. You can only disseminate copyright material to your class. An idea to share closed blogs in a class is to send invites through Google Reader. Just because it is on the web does not make a work free to use.
Considering Fair Use
“Fair Use” is a risk management decision. You need to demonstrate an attempt for fair use. If a work is for purchase, purchase it. You must get permission from the owner if they protect the work. Work with best practices as much as possible. There is no easy formula for determining fair use. There are four factors:
- Nature of work
- Purpose of use
- Amount of work
- Impact of use on the market
Exploring Creative Commons Licenses
Kelly talked about Creative Commons licensing. The recommended approach is to check if the work has a Creative Commons licence. CC license lets you know what you can and cannot do with a work.
Additional Reading
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