Here is the initial post for the articles in first reading, which deal with copyright issues.
Five principles related to copyright and Fair Use that are particularly meaningful to me are:
1. Always ask students' permission before posting any of their work, because they have a right to say no.
2. The moral arguments about cheating aside, it is actually breaking the law. When a student cheats, he/she is taking the work of another for their own gain. While this gain may not be monetary in form, it still may help the cheater and hurt the person from which the information came. I doubt anyone would seriously be indicted for copyright infringement from cheating, but it is another argument against cheating.
3. The most important question when dealing with Fair Use is whether or not you are just copying something or creating a novel piece based on the ideas of that something.
4. If there is any way that someone could make substantial money by using copyrighted material, Fair Use is not being observed. Especially now with works being posted to the internet, it is important to remember the ease of which others may look at the work and determine whether it has violated Fair Use.
5. What is taken of another work is as important as how much is taken. While generally people think of the quantity of the work is the determining factor, the quality of the work taken also plays a role. Taking the most critical points of a work can be as detrimental to taking a high percentage of the work, and can also violate Fair Use.
I would address these and other principles of copyright and Fair Use by devoting a considerable amount of time in class, and also sending a sheet with the same things I discussed with the students to the parents. Both parents and students will sign the sheet, and this will serve as a "contract" that both understand the purpose and what is allowed and not when copying others' works. I think this is something that is overlooked by many teachers and schools, but is important when assigning research papers and other writing assignments.
Running the risk of abusing Fair Use (kidding...), I did really like the five rules from the article "The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable, " by the website Nolo.
These are:
Rule 1: Are You Creating Something New or Just Copying?
The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.
Rule 2: Are Your Competing With the Source You're Copying From?
Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.
For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.
Rule 3: Giving the Author Credit Doesn't Let You Off the Hook
Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.
Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be
The more material you take, the less likely it is that your use will be a fair use. As a general rule, never: quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem.
Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2000 words from a work of 500,000 words might be fair. It all depends on the circumstances.
To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays.
Rule 5: The Quality of the Material Used Is as Important as the Quantity
The more important the material is to the original work, the less likely your use of it will be considered a fair use.
In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs, only 300 words from Ford's 200,000-word manuscript were quoted verbatim. The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book ... the most interesting and moving parts of the entire manuscript," and that pre-publication disclosure of this material would cut into value or sales of the book.
In determining whether your intended use of another author's protected work constitutes a fair use the golden rule: Take from someone else only what you wouldn't mind someone taking from you.
Here is the initial post for the articles in first reading, which deal with copyright issues.
ReplyDeleteFive principles related to copyright and Fair Use that are particularly meaningful to me are:
1. Always ask students' permission before posting any of their work, because they have a right to say no.
2. The moral arguments about cheating aside, it is actually breaking the law. When a student cheats, he/she is taking the work of another for their own gain. While this gain may not be monetary in form, it still may help the cheater and hurt the person from which the information came. I doubt anyone would seriously be indicted for copyright infringement from cheating, but it is another argument against cheating.
3. The most important question when dealing with Fair Use is whether or not you are just copying something or creating a novel piece based on the ideas of that something.
4. If there is any way that someone could make substantial money by using copyrighted material, Fair Use is not being observed. Especially now with works being posted to the internet, it is important to remember the ease of which others may look at the work and determine whether it has violated Fair Use.
5. What is taken of another work is as important as how much is taken. While generally people think of the quantity of the work is the determining factor, the quality of the work taken also plays a role. Taking the most critical points of a work can be as detrimental to taking a high percentage of the work, and can also violate Fair Use.
I would address these and other principles of copyright and Fair Use by devoting a considerable amount of time in class, and also sending a sheet with the same things I discussed with the students to the parents. Both parents and students will sign the sheet, and this will serve as a "contract" that both understand the purpose and what is allowed and not when copying others' works. I think this is something that is overlooked by many teachers and schools, but is important when assigning research papers and other writing assignments.
Running the risk of abusing Fair Use (kidding...), I did really like the five rules from the article "The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable, " by the website Nolo.
ReplyDeleteThese are:
Rule 1: Are You Creating Something New or Just Copying?
The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.
Rule 2: Are Your Competing With the Source You're Copying From?
Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.
For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.
Rule 3: Giving the Author Credit Doesn't Let You Off the Hook
Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.
Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be
The more material you take, the less likely it is that your use will be a fair use. As a general rule, never: quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem.
Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2000 words from a work of 500,000 words might be fair. It all depends on the circumstances.
To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays.
Rule 5: The Quality of the Material Used Is as Important as the Quantity
The more important the material is to the original work, the less likely your use of it will be considered a fair use.
In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs, only 300 words from Ford's 200,000-word manuscript were quoted verbatim. The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book ... the most interesting and moving parts of the entire manuscript," and that pre-publication disclosure of this material would cut into value or sales of the book.
In determining whether your intended use of another author's protected work constitutes a fair use the golden rule: Take from someone else only what you wouldn't mind someone taking from you.