Copyright Tweets

Monday, September 23, 2013

Who should be the copyright educator for an educational institution?

I am taking a course in copyright education from the ALA, and I thought I'd share my response to a discussion question (paraphrased) here and tailored for my situation:

It's decided that a lawyer is not the right person to conduct copyright education for faculty and staff at the college. What kind of person is the right person for this role?

A lawyer may not be the best person to do this kind of educational work at a school for the following reasons:
1. Unnecessary expense; legal advice should only be necessary for a school in high risk and other unusual situations.
2. Lawyers tend to the risk-averse side of the issue, in my experience, and may be less inclined to a balanced view.
3. The advice of lawyers is not necessarily better than a person well-versed in the issue, because their job is to advise, not give concrete answers, and that advice can be correct or not. Only a judge tell...

 In educational settings, peers are often the best people to do the day-to-day work of this sort, because it builds on a trust that hopefully already exists in relationships between colleagues. This position is always a bit delicate and has the unpleasant role of sometimes bearing bad news, so a good working relationship is essential to keeping people from "going rogue" and avoiding dealing with the topic at all. Since a good basic (and continuing) education in the subject of copyright is all that may be needed for someone in this role, anyone with the interest and inclination could fulfill it, though someone like a librarian or media specialist who is involved in the issue on a daily basis, may work out better. IMO formal training is not always necessary if the person is diligent with their self-study, but a basic course is recommended.

Thursday, January 10, 2013

Copyright issue of the day 13A


The DATA:
(There is) a short story I want to use for a class. I'm a subscriber, and the print issue is available in the library. The digital version is behind a paywall on the New Yorker's site.

NAU's databases would allow me to permalink from a database, allowing for legal use. YC's databases are less robust, for I looked in multiple databases trying to find a way to permalink the story. Since this is a YC course, we don't have access to the database.

I intend to use the story for a single course, it will be behind the Blackboard password, and is used to help students develop reading skills. I selected the story because it deals with contemporary issues in a familiar world. However, it's a creative work, which goes against copyright.

What is the best way to get this story to students without violating copyright?

My RESPONSE:
At first glance, there are factors for and against: I assume you want to use the entire story (against) and it's creative fiction (against); any readily available licensing mechanism also weighs (against). You can legally obtain it (for) and you will distribute it only to your students (for) in a password protected area(for) for a limited time (for), and make the writing difficult to copy by leaving it in graphical form (for).
Overall I think it weighs against because of the first 3 points.
The move toward a better fair use argument would require you to transform the use of the work by creating assessments and assignments directly tied to it, integrating into your curriculum so that it is related very much to your outcomes, and showing that the work is far and away the best example of the things you are trying help your students learn.

It would be a good case to ask permission and hope they say "sure".