Copyright part 2: How and is it worth the work?

When assembling learning materials, an educator can take one of two different paths. The educator can use royalty-free media for a very general (and safe) learning experience or the educator can use real-life news articles and major Hollywood movies for a rounded and relevant education. The former is safe – from the standpoint of the educator and learner; the educator does not risk copyright infringement and the learners need not stretch or be uncomfortable with a “real” education. The latter, on the other hand, allows for an edgy and real education that can adapt to life – one in the vein of constructivism. Though it may require more work on the educator’s part, the learner earns a sometimes-uncomfortable, flexible, and dynamic learning experience. Educators should take note of the possibilities and learn how to effectively use copyrighted materials.

Let’s be honest. We, as educators, have a lot on our plates. At times, we may take an easy route to simply maintain sanity. Do educators need a simple way to draft curriculum? Absolutely! Can educators become familiar with copyright laws so that using relevant materials becomes (relatively) simple? Yes, of course. Copyright is a branch of law protecting creators, authors, artists, musicians, filmmakers, and the like. A working definition of copyright is a protection given to created materials – putting its creator in control of most ways it is used. Royalty-free or public domain materials, on the other hand, can be used in almost any way desired, with minimal restriction. The branch of copyright is a long and tangled one, full of grey areas and ambiguity. How can educators walk through the maze of copyright laws without attending law school?

There are a few basic steps educators can take to ensure they are treading with proper caution around copyright laws. The first step is simply to classify the resource and verify if there is copyright on it. Some examples of the major categories an educator could use are film, a podcast, a song, still images of artwork, books, education materials, etc. It is also important to take note of the length an educator needs to use to relate back to the topic it addresses. Can one verse of a song or a ten-minute clip of a movie suffice versus having the class hear the whole CD or film? The copyright classifications will vary based on how much of the item is used. After classifying the media type and copyright that covers it, the educator should determine what type of permissive use he/she is seeking. Examples of this are fair use (using a relatively small portion of a work with proper citation, in a transformative manner), TEACH Act exceptions (using a portion or 100% of a media item during a live or online class, with no access to the material outside of class), written permission from the copyright holder to use the media item in a certain way (an arduous task but may be needed for more intense projects that will be shown to a large audience or reproduced online), etc. There is absolutely nothing wrong with consulting a resource at this junction to ensure an educator knows the permissive use option he/she needs. The educator can either consult with a legal or technical expert within the organization or do independent research consisting of reputable sources. Once the educator knows the media he/she wants to use and how to get the proper copyright exception for it, he/she should remember to keep safe by using proper citation and ensuring that any media used actually contributes to the education process. As there is much grey area in copyright law, educators should opt for as many “easy brownie” points as possible to help the pendulum to swing toward fair use and away from copyright infringement.

Is it a lot of work? At times, yes. Can it make all the difference in a learner’s education? It sure can. During my undergraduate work, I was closely tied to the communication department at my college, as my major was Mass Communication – Broadcast Production. As such, my classes were often media-heavy. Had those professors taken an easy or safe route with public domain materials, I would have had a “theoretical” education that would not translate well to the real world. Instead, my ethics professor showed real newspaper photographs that had been altered by the photographer without the paper’s knowledge to show just how an unethical choice can blow up in an organization’s face and ruin an artist’s career. A professor who taught several of my media introductory and media history courses showed examples of all media types we studied and even showed a documentary on the introduction of the Helvetica font to illustrate the power of our media choices – all the way down to the font we choose. Instead of mixing royalty-free music together for a bland product, my audio production professor provided actual songs for us to mix together to create concert promotions. Each of those professors could have decided wading through an arduous copyright landscape was too difficult and utilized bland, generic materials in their classes. Instead, however, each professor found live examples that made my education real and allowed me to construct my own learning framework in the digital age. They each made a lasting impression on me such that I still remember their courses and lessons I learned 7-10 years later. The same is possible for all educators by effectively using copyrighted materials.