Walking in a copyright minefield

This week I experienced a throwback to my undergraduate education, when I took courses on law and copyright. I find this branch of law to be fascinating as it impacts digital media and Hollywood. Effective use of copyrighted materials is possible but not always easy. In a free commerce society like the United States, copyright is vital to give creators the ability to earn a living and build their own successes or “empire.” The importance of copyright should not be understated. If there was no copyright, art would be photocopied and sold for pennies, budding reporters would plagiarize news giants, and the world would be full of illicit cover bands to take music from other bands. While some artists would continue to create if there was no copyright, most would have to give it up with minimal hope for making a living.

Is copyright necessary for the world to continue spinning? Yes and no. One could say it is not mentioned in Maslow’s hierarchy of needs and is therefore not a basic human need. However, could it be a factor in the “esteem” category Maslow created? Could protected artistic creation of invention lead to expression and “self-actualization?” I would answer both with a resounding “YES.” Copyright is a hallmark of a free, modern, and evolved society. It encourages creativity, blood/sweat/tears, and pursuit of the American dream. How can our society at-large protect copyright in America? Proper funding for the Copyright Office, proper attention and modernization of it (as discussed in my commentary on the Hudson Institute article), and refusing to support bootleg and bit torrent organizations. How can educators protect copyright? By teaching learners the why behind copyright, holding students to a zero-tolerance policy against plagiarism and copyright infringement, and protecting our own work.

Although I studied copyright law in college, I did so as a creator and not as one who uses other people’s creation in a transformative way (through graduate school work and through educational efforts). As such, I looked at the topic from a new perspective this week. I especially learned a great deal about fair use and the TEACH Act. With regard to fair use, I learned the subjectivity of it as well as the factors that help sway the law toward fair use. Those factors are the relative size of the material shown/quoted and its transformative nature, as well as its purpose for being used and the general effect it could have on the marketplace at-large. With regard to the TEACH Act, I learned about the protection educators receive when they teach classes. Honestly, in my mind, it further cements the need for flipped classrooms as asynchronous online class sessions are protected under TEACH. All this information is leading me to become a more rounded educator and empowering me to find relevant materials for any course I assemble.