Week 1: Peer Comment-David Gibson
I’m a Teacher, Not a Legal Consultant
One almost needs to hold a Law Degree to understand all of the copyright issues out there. Then again, if I had a Law Degree then I would just be contributing to the problem. Attorneys have made the copyright law much more complicated than I think it needs to be.
A friend once told me no great idea was ever original it was just modified by enough people that it became better. I’m not quoting… I’m paraphrasing, but it was so long ago that I’m not sure it is even accurate… Uh, oh! Did I just infringe on his rights? He didn’t write it down, so I guess not.
I am glad that Fair Use helps educators with this problem. The idea of passing down the stories of each generation is critical in the realm of education. The teaching profession would be horribly behind if Fair Use was not available. Imagine a classroom where you could not share anything that was not purchased only because that was the only acceptable form of permission. After all, permission is king when it comes to copyright.
I teach K-5 Music and I am constantly looking for new versions of songs, music arrangements, video performances, and new ideas for presentation of materials. Without the ability to glean from these resources it becomes a mess where I would need to have a legal consultation to be sure I’m not infringing on the rights of the original artists.
Now let’s briefly look at the other side of things.
I’m also a composer, musician, and writer. I want to be paid for my original works. There is a reason why musicians have to tend bar, wait tables, or… “Do you want fries with that?” Selling the original works, or at the very least being credited for the original work is the only way to increase exposure and gain progress in the industry.
This brings about Creative Commons. Maybe that’s the key. Share, give permission, and restrict what you, as the artist wants to… That’s the ticket!
How about we just use common sense? That is a novel and rare idea in law.
June 7, 2013 at 11:59 pm
I agree with your analysis of copyright and fair use. The idea of using common sense to guide judgment is priceless. Wesley’s idea of emphasizing using “Creative Commons Sense” is just as empowering and wouldn’t it be nice if we could find everything we could possible want housed in Creative Commons? However, what if there was something we needed that we couldn’t find? What would we do?
My suggestion is to follow your insight and add some of Wesley’s spark and use Fair Use Common Sense because if we wanted something and we couldn’t find it, imagine the time a teacher would spend with creating lessons that would connect to prior learning or even for that matter generate a personal connection. Given today’s media driven society, learners need engagement, and teachers need more time. Adding the creation of something that would blend perfectly within a skill or lesson would further consume educators. Fair use, creative commons, and plain ole’ common sense is the path that will allow us to further prepare our students for future success.