Copyright and Fair Use
Well there was certainly plenty of room for learning this week. I suppose I didn't consider the true ramifications of piracy until this point. It's of course understandable that artists should be compensated for their creations, but in the world of secondary education there is much sharing of ideas and materials without any obsession with earning. Perhaps it's because most secondary education professionals don't enter the career with their proprietary ideas in mind, but moreover I think it's an atmosphere of collaboration.
The part I found most interesting from this week's reading was that other nations, such as Nigeria and Brazil, have a totally separate view of piracy. It seems that those producers have identified a niche market where their products, even if they're adapted from an original work, have room to grow and change to produce a different type of entertainment.
I can really only poignantly reflect on my own teaching where I've used music and feature films to assist in illustrating points to students. Under the fair use law, I could have certainly communicated events or ideas without these materials, but they enriched the learning experience. For example, when I used to teach "Systems of Government", The Lion King was a staple in illustrating clips of the benefits and risks of a Monarchy. The clips I showed along with the notes and teaching made it stick in the students' minds. I think I've ruined the movie for most of my students because they all think of the structure of government now, but that just goes to show that a six second clip is not enough to illustrate the point!
I appreciate the efforts of both the artists and the consumers in this controversy. I think it's important that creators be appropriately compensated for their works, but for a high school teacher planning a unit, it seems almost ridiculous to contact Disney, Inc. for permission to utilize clips of a film. Moreover, the reinvention of music with either new lyrics or new beats, is a fantastic learning tool. I had a class this past year who re-wrote "We Didn't Start The Fire" with lyrics from 2000 on. It was a fantastic learning experience for the students and they ended with a product to be quite proud of.
I look forward to time when lawyers and executives are done with this argument. Compensation and protection is necessary for creators, but reinvention and different usage is also necessary for consumer/creators. One would hope that there would be no ill intention on the part of the consumer/creator;therefore, to the casual observer, one would hope the original artist would be flattered and pleased with the continued usage of their original piece.
Michael,
ReplyDeleteIt is true that there is an atmosphere of collaboration in developing countries due to limited resources. They try to find way to make a living and have found there is a market for their production, even if it is not their original work, an example being Brazilian remix music. It must be hard to think, that as a teacher, one can simply call Disney to get permission to use Disney clips to teach, therefore my question is: why not try and see what would happen? You might be pleasantly surprised of the result of the journey. You can even blog about it and share with other what happens. Frankly, I’d like to know if you were successful.
I also hope one day lawyer and executives can work out a way for consumer/creators to be able to use their work in harmony. Mean while we need to follow the copyright laws and teach others about them too.
“Patience is bitter, but its fruit is sweet.” - Aristotle
Michael, I really thought your blog drove home a great point when you said “…in the world of secondary education there is much sharing of ideas and materials without any obsession with earning. Perhaps it's because most secondary education professionals don't enter the career with their proprietary ideas in mind, but moreover I think it's an atmosphere of collaboration.” As an educator myself, I really found a lot of truth and familiarity with this statement. I also have to admit I am also guilty of having used clips from movies without having requested permission for their respective movie studios. Albeit, I think we are both probably in the clear, it is interesting to think of the fact that there is a gray area there. I also agree with your observation that in most cases the original artist should be flattered that their work could be used as a teaching tool and not just as an income to them. I would like to assume that director’s would be proud of the fact that they put together a scene realistic enough that a teacher would want to show their students what it contains to explain a time period or political/governing system.
ReplyDeleteGreat reflection on this week's "reading." It really is important for educators to have more than a passing understanding of the copyright dilemma, the need to communicate our need to respect the works of others consistently and not just in words. But at the same time, I completely agree that the creative use of video clips and music to communicate to our students should also get a pass. In that much of education is geared for the public good, it should be recognized as such. Alas, media usage not withstanding, powerful individuals and organizations are looking at ways to disassemble public education for their own profit... so, I hold little expectation that media companies will be so enlightened without great effort on our parts.
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