Who Responsibility is it??
Interpreting, and to some extent enforcing, copyright policies has long been regarded as a responsibility by the school’s library media specialist. Intellectual property, before schools adopted computers and connected to the Internet, was found primarily in print and audiovisual formats – both largely controlled by the school’s librarian. The librarian is among the few educators whose professional training includes information about copyright and has traditionally been viewed as the local expert on intellectual property issues. The librarian, rightly or wrongly, has been forced into the position of copyright enforcement simply to protect the school from the unintentional crimes committed in the guise of “what’s good for the kids.” Since most potential infringements passed through the library, the media specialist was the point person in the intellectual property wars.
However, with intellectual property increasingly available in digital formats, the role of the library media specialist as the “copyright cop” is untenable. All educators who deal with technology need to understand the legal and illegal uses of intellectual property if a school hopes to both keep free of copyright lawsuits and provide ethical models for students to emulate.
Covering the Gray Areas
Following copyright laws in schools comes down to a few radically simple ideas. The first is a concept that may not have been considered in many schools: copyright is federal law. Schools are quite serious about many federal laws and regulations. The Americans with Disabilities Act, for example, is well respected and enforced. In our civics classes we regularly tell students that when one doesn’t agree with the law, one works to change it rather than just ignoring it. However, we appear not to practice what we preach.
The second idea is that obeying copyright is an ethical necessity. While following the current copyright act may not be the most popular course of action with teachers, the fact that students are observing us and modeling their behavior on ours is the single most important reason to obey the law. Students are savvy, and they hear about copyright on the news and read about it in the popular press. Downloading copyrighted music has made many students aware of copyright issues. If they see teachers who blithely copy materials (or even teach students to do the same) without a discussion of copyright implications, the students are given implicit permission to do the same.
The final idea is that copyright compliance is the right thing to do. Ethical use is a difficult concept to teach in many schools, simply because of the religious connotations that are attached. But in this context, we are considering the theft of someone’s work and property. What some educators don’t realize at a conscious level is that writers make their living creating educational materials, and if they don’t sell them, the authors get no royalties/payment. The key point to remember is that many of those authors are educators themselves. Students create marketable works in stories, poetry, and artwork. Teachers are creators as well. Taking from one is the same as taking from another. The golden rule aspect of ethics cannot be overlooked.
We often wink at students and say “Do as I say, not as I do.” But in an economy increasingly fueled by goods that are purely intellectual in form, such statements when made about copyright will harm our students whose livelihood will one day depend on its protections.
Protecting Us All
1. Make sure easily understood information is available about copyright and fair use issues, and that getting it in teachers’ hands is an ongoing effort.
While acknowledging that copyright is a complex and evolving subject, schools still need to teach and provide information about proper intellectual property use as a part of ongoing staff development efforts. Schools can and should provide short, readily understood guides regarding copyright of all materials, but especially those in digital formats. The Groton (CT) Public Schools have an online copyright manual (http://www.groton.k12.ct.us/mts/pt2a.htm) and the University of Texas System has developed an online “Copyright Crash Course ” (http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm) that schools may wish to model. (The Crash Course is geared toward university users, but the school exemptions still hold true for PK-12.) Basic copyright notices should be placed on circulating software, videos, Internet terminals, as well as photocopiers. Some notices have required wording that will protect the school from lawsuits if particular types of infringements take place. Technology and library newsletters to staff should address intellectual property issues.
2. Develop an understanding that remuneration for intellectual property benefits the user as well as the creator.
Copyright laws benefit individuals in two ways. First, teachers and students themselves may be creators of intellectual property for which they would like control and the potential for remuneration. (Teachers need to remember that schools may own the rights to teacher-developed materials.) Second, those who create intellectual property (software for example) are more likely to support and continue to develop that property if there is a financial reward in doing so. These concepts should be understood by all school staff members as well as students.
3. Conduct software audits of your schools and monitor photocopying.
The Mankato School District uses Apple Remote Desktop to scan all (2000+) district computers for executable programs every two years. The technology staff then compares the programs found with the licenses on file. When a program is found on a computer for which the district does not have a license, the technology office sends a letter to the user of that computer, carbon-copied to building principal, asking the user to provide proof of purchase of the program for our files, purchase the program and then send a copy of the license to the office, or remove the program from the computer. Were the district to be audited, these actions will help show due diligence in enforcing copyright. The Software and Information Industry Association identifies additional software programs that can perform similar audits (http://www.siia.com/piracy/audit.asp).
Personnel in district print shops or who may run building photocopiers need to have a firm understanding of copyright laws. If a teacher requests copies of an item that may be copyrighted, it should be returned to the building principal for his/her signature approving the printing job. Photocopying consumable materials is a common infringement, and should be monitored closely.
4. Work to maintain budgets that allow teachers to legally purchase needed educational materials.
A budget for software, a process for selection and adoption of software, and the purchase of building or district licenses when feasible all decease the likelihood of illegal software use. If teachers use videos for reward purposes, the district should purchase public performance licenses. Royalty free music and clip art with few use restrictions should be available to teachers and students. Extracurricular activities, not having the same fair use protections of direct teaching in the classroom, need extra guidance and supervision in their use of copyrighted materials such as videos for lock-ins, music for dances, and images/music for fundraisers like cd-rom yearbooks.
5. Designate a person on staff to become the copyright expert.
Schools need a “go-to” person when copyright questions arise. These people should have the budget to receive training in copyright issues as they pertain to schools and access to resources such as Simpson’s Copyright for Schools to help them answer questions. These folks also need the backing of the administration if an unpopular answer is provided to a copyright question. The district needs a copyright coordinator who will monitor licenses, conduct periodic audits, and act as the registered copyright “agent” identified in the Digital Millennium Copyright Act’s online service provider protections. Such a position can protect the district from infringement suits resulting from copyrighted material posted (knowingly or unknowingly) on school web pages. The IT department may want someone on the staff to be a certified software manager (http://www.siia.com/piracy/seminars.asp) to verify compliance with licensing requirements and tracking.
6. Create a deep understanding that we are models of ethical and legal behavior in our students.
One does not need to work with young people very long before realizing that they learn more from one’s behavior than from one’s words. If we wish to develop moral, law-abiding citizens, we as educators must act ethically and legally ourselves. Copyright should be a part of the information literacy and technology skills curriculum. The topic should be dealt with seriously, and with respect. Using a “nudge, nudge, wink, wink” curriculum that says “just use discretion and you won’t be caught” conveys the message that infringement is perfectly fine. It says that the end justifies the means. If you were to voice those sentiments to the School Board to approve as goals of a program, they wouldn’t fly; yet they may be current practice. Perhaps a technology skills curriculum audit is in order, along with the software audit.
Resources:
http://www.teachertube.com/video/copyright-for-educators-multimedia-episode-5-35504
Misty, I think you have some wonderful ideas for spreading the knowledge of Copyright throughout schools. I especially agree that we serve as an example of behavior for students. Therefore, it is imperative that we hold up the standards that we expect our students AND teachers to follow. I have found there to be much dispute within the media centers I have visited and worked in regarding copyright. Some have very different views than others. Ultimately, I feel that we should do our own research on what is acceptable and expected. Within that, we should find good ways to incorporate this knowledge into lessons for our students. This could be as simple as a find a great photograph on the internet project to an in-depth research project to a simple and quick presentation. Regardless of how we share, it needs to be done.
ReplyDeleteI think your suggestion about the copyright expert is fantastic. Having a “go to person” is incredibly helpful, especially in a large school. We as media specialists and teachers do not necessarily have to be the experts. This is a wonderful opportunity to collaborate as a team. Perhaps there can be an expert group involved. The more that know, the more information will spread. If you can get teachers and the faculty on board, it can be easier to inform them. I think it is also important for us to remember to model the behaviors we expect from our students. As members of the faculty, the students look to us. If they see us respecting this and giving credit to sources, they will know this is important as well. This ties in well with research and information literacy, which is something we as media specialist want to emphasize with our students.
ReplyDeleteStuff rolls downhill. It would be great if we had the time and resources to do everything the right way. But the reality is that most educators are not given either one. And yet, they’re expected to do exemplary work, uphold the highest moral standards, and maintain ‘rigor’ in the curriculum. In other words – watch those flying pigs folks!
ReplyDeleteThe point you make Misty, about having a budget for copyright training issues, access to resources, the backing of administration, and a position dedicated to these issues, is marvelous. But it will never happen in our lifetime. Not when schools enact measures like rationing paper – having staff members sign for a pack of paper – one pack per week.
This kind of mentality, born of budgetary penury, makes such ideals impossible. It’s a systemic problem that stems from backwards priorities. They talk a good game about how the education of our youth is so important. But they don’t allocate or allow what’s really needed.
And so, true education is left lacking, with copyright issues being one of the things getting short shrift in this scenario. How can you uphold what you can’t support?
Sadly, this contributes, or perhaps causes, many of the violations we incur. What we’re left with is the ‘stuff’. And we make it work as best we can.
You are right that the responsibility of enforcing copyright policies does fall on the Library Media Specialist most of the time. They become the "Go To" expert you mention. I like some of the ideas you talk about. A LMS can host a copyright crash course or hang copyright reminder signs by copiers. For students, we should teach them at an early age about referencing other people's work and not copying word for word off the internet unless the student plans to give credit. And definitely leading by example is another good point.
ReplyDeleteWe do need to remember that the Fair Use law does allow teachers some leeway when it comes to using materials for lessons. Most materials will say Do Not Photocopy if they can't be copied. Most of the consumables I see have that printed on the pages. They want you buying those workbooks so the book companies can make some money.
Misty, thank you for all the great suggestions for protecting all of us – students and teachers. There were two points you make that really stood out to me. First, you say, “Work to maintain budgets that allow teachers to legally purchase needed educational materials.” I think this is so important. It seems as if we will get a grant or allocation of funds for something that is a wonderful resource but is consumable. When the funds run out, educators are left with a void to fill. What is one way to continue use of that great resource? Copy it! Of course we all know this is copyright infringement. However, how many times have we justified this action because 1) we aren’t making money on the product and 2) the students should not suffer just because the money ran out. In truth, we aren’t ‘making’ money but we are essentially ‘stealing’ from the publisher or author. It is a hard pill to swallow that this is not the best ethical example for our students when we are doing it with the best interest of students in mind.
ReplyDeleteThat brings me to the second point you made. “Create a deep understanding that we are models of ethical and legal behavior in our students.” Students model what they see. If our power points, prezis, videos, etc. are made with copyright protected images and music, then we need to cite our sources. My students get so tired of hearing me tell them to cite sources. Of course, I get tired of telling them Google is not a correct citation, but at least they are starting to ‘get’ it. We need to give credit where credit is due.
Thanks for a great post!
I think somewhere in all of this discussion of fair use and copyright we are getting plagiarism pulled into the mix. Yes, we need to cite our sources. But, when I show a film in my classroom, everyone knows I didn't make the movie, but it could be copyright infringement if it used for something other than educational purposes. I have come across instances where movies are used on 'rain days' to entertain children in lieu of outside play.
ReplyDeleteTo some extent, the more I read about this issue the more confused I get especially if I will be asked specific questions pertaining to this in my role as the slms.
I would hope that using our resources through AASL and other state institutions we will have a clearer picture of the gray areas of this issue.
You make a really great point in the beginning of your post. When I started this program, I was really nervous at the idea of one day becoming the "copyright police." I couldn't figure out why it would be the media specialist's responsibility, and how can we possibly monitor what is going on around the school?! I think it is important that we get the information out there for everyone, and it is each educator's responsibility to make sure they are following the rules. I really appreciate all of your suggestions. For someone who isn't yet a practicing media specialist, this seems like an overwhelming responsibility, but your suggestions would certainly be beneficial for teachers.
ReplyDeleteIt's a little frightening that the media specialist would have to be responsible for the copyright policy! I made sure to cover my tracks by posting informative information in the media center and in the teacher workrooms so that they are always aware of these policies. Over the past week, I have had two teachers come to me for advice on the copyright policy. One educator wanted to create some t-shirts for her class and wanted to include "Nemo", one of the popular Disney characters on the shirt. I was glad that she asked, but I let her know that if she used the image then she would be in violation. Another teacher had a DVD that she wanted to make copies of. She showed me the statement that it could be duplicated for "educational purposes only". Even so, I still felt uncomfortable doing so, and I didn't. I wasn't sure if there would be a limit to how many, and so forth. Luckily, I didn't have any blank DVDs so I was able to wiggle out of that situation! This is something that I need to really become more knowledgeable with; I want to be helpful to my patrons BUT I don't want accidentally break the law either.
ReplyDelete