Creative Commons and Copyright

Introduction:
Copyright – laws which exists to regulate uses of materials and maintain the incentive that an artist needs to continue producing excellent work (Lessig, 2) - is one of the most important issues with which a teacher should be familiar if she is going to embrace technology to its fullest potential within her classroom. Media, if used correctly, can be an invaluable resource, but educators can easily get into trouble by using it, if they are unaware of the repercussions of unlawful reproduction or copying. Not long ago, copyright was not such a big issue, but as technology has changed radically, so has the very platform through which one searches out, finds, and copies information.

Article 1: Getting our Values around Copyright RightAccording to Lawrence Lessig in his article Getting Our Values around Copyright Right, ”Most of us can no longer spend even an hour without colliding with the copyright law - legislation which finds itself to be “more technical, inconsistent, and difficult to understand…it touches everyone (Lessig, 2).”

Lessig speaks to an “ecology of creativity,” which ranges from professionals to amateurs and profit-based to entertainment-based business models (Lessig, 30). Somewhere along the middle of the spectrum lies textbook publishers, who are “not written for large money-makers, but…are not created for free (Lessig, 30); these materials are increasingly held to the same criteria used in professional copyright laws as anything else. Perhaps however, such an “imperialistic approach,” should not be imposed upon the educator (Lessig, 5). He believes that this one-size-fits-all model – one which is being embraced more and more by educators without so much as skeptical inquiry – is not one which is well suited for the institute of public education; he goes so far as to say that it is destructive (Lessig 6). Film, for instance, is a media which has been radically changed by copyright. As Lessig predicts, copyright law is so stringent that documentaries will die out and disappear before anyone can actually jump through all the hoops required to preserve them (Lessig, 7)

In order to fight back, in 2001 Lessig and his colleagues established the Creative Commons project, which aims to identify “simple ways for authors to mark their content with the freedoms they intend their content to carry.” This allows for more options and a “some rights reserved,” model. This model makes so much more sense, as the artist has a say in how and to what extent his or her materials should be used, and gives people like educators many more opportunities to share knowledge and expression of someone other than themselves; Google and Yahoo have made a filter available for each of the six definitions of copyright given within this spectrum. Musicians, artists, writers, professionals and even Wikipedia have all followed suit, filing for Creative Common Licenses, which allow more freedoms to both them and their audience – all while protecting and preserving their contributions.

In addition to the Creative Commons project, we can also see a push towards “open educational resources,” which is exemplified in the ccLearn movement (Lessig, 8). ccLearn gives educators even more of an opportunity to be effective through a database of free teacher resources.

In his article, Lessig highlights the the Google Book Search project, explaining that this is a hot topic which is said to border on “massive copyright infringement (Lessig, 10).” In a lawsuit against Google, the Association of American Publishers and Authors Guild argued that 75% of the materials found on Google Books were “presumptively under copyright” and there was not sufficient information to clear the rights to “googlize” them (Lessig, 9-10). According to Lessig, it was within Google’s rights to copy each book, as it was within ”fair use (Lessig, 10).” After a settlement between the two entities, only parts of these books can be viewed online, which according to Lessig is not only a missed opportunity to provide fair use in a more convenient way, but also a sign that digital libraries are really becoming digital bookstores masquerading as libraries.

Copyright law was established in a more primitive non-digital age. It is my opinion that with the new technological developments, print information has been taken replaced by smart phones, i-pads and twitter. Now, in order to keep up with the changes, copyright law seems to regulate everything, and I (and probably every other new teacher) fear its wrath. Therefore, while I would encourage reform and the advancement of the Creative Commons project and the ccLearn movement, I will continue to educate myself in copyright law so as not to find myself unaware of its importance.

Article 2: The Open Future: Openness as Catalyst for an Educational Reformation
In “The Open Future: Openness as Catalyst for an Educational Reformation,” David Wiley attempts to define the word “open” in an educational sense. He explains that in expressions such as “open educational resources” and “open content,” signals “resources…provided for free under a copyright license…” to reuse, revise, remix and redistribute materials (Wiley, 2). Simply put, these are “acts of generosity, sharing, and giving (Wiley, 2).”

Wiley believes that the increasing hot topic of copyright law is our inner two year old shouting “’Mine!’ (Wiley, 2)” So, by this logic, increased focus of copyright is society’s way of assuaging this selfishness, and saying “’It’s OK. Be stingy… (Wiley, 2)” However, the whole point of being an educator is sharing knowledge, and the whole point of education is openness of information.

The great thing about knowledge is that giving instruction doesn’t lessen one’s own (Wiley, 2); what we teach we do not unlearn. Copyright infringement exists however within expression of that knowledge. Enter the hot topic of openness. Wiley makes the point that, when the format of information changed, the negative effects were lessened. He gives the example of the limited means kept within the confines of a library, saying that when a book was missing or checked out, one would have to wait to get it; now, however, “a hundred thousand people are reading the online version of the book simultaneously (Wiley, 2).” So, we can go back to the concept that “he who lights his taper at mine, receives light without darkening me (Wiley, 2);” and “like the flame of Franklin’s candle, both ideas and their expressions can now be given without being given away (Wiley, 2).

I could not agree more with Wiley. He explains that, “If a teacher is not sharing what he or she knows, there is no education happening (Wiley, 2).” In fact, the very evaluation by which a teacher is defined as effective or not is based on whether or not he or she is a “successful sharer” of information (Wiley, 2) With waves of technology, come the waves of policy. So, in an unprecedented age of technology, it is no surprise that copyright law is just as prevalent – and perhaps outdated - as ever. Unfortunately, as Wiley points out, the “conceal-restrict-withhold-delete strategy” and what seems like a lead-in to student-teacher nondisclosure agreements is no longer an effective way of teaching (Wiley, 2-3); such policies are, at best, unproductive. Wiley asks the penetrating question: should teachers facilitate or commercialize learning? If one chooses the latter, he really has no business being an educator.

The metaphor here is that we are at a crossroads between a technological renaissance or a policy-based reformation. Rather than embracing a new age of unlimited knowledge and learning and an unprecedented “capacity to be generous,” it seems we are moving back towards primitivism and finding ourselves “reinforcing outdated ways” of teaching.

Video: A Fairy Use TaleThis clever video is a great way to explain copyright law in a very basic way. Filled with Disney-based snippets and word-by-word clips, the producer defined copyright, explained its limits or extensions and gave his own opinion of what copyright law really is. The videos spanned from Disney movie to Disney movie, selecting the exact right words to get his point across, adding sometimes, expressions that show copyright law as being unjust and unfair. What’s cool about this video is that it shows that even Disney movies can be used to educate if used in the right way.

Resources:
I appreciated the links to the many resources created to educate and spread awareness of copyright in the educational realm. It gave me some perspective and showed me just how much we’re affected through media. Just as was touched in during the video, it clearly defines the criteria for the public domain and simple acts like making multiple copies for classroom use. This will be a great tool with unfamiliar projects, etc. Not only that, but it’ll always be a good reference in case I’m not sure how to read the copyright within creative common licenses, etc.

On the same note, there’s a whole set of educational resources – images, music, etc – on sites like Wikimedia, the Library of Congress and the Public Domain. These allow educators to teach to the fullest potential without worrying about being in violation to copyright law.