Management of digital property in schools is becoming increasingly complex. Students assume that digital resources such as pictures, music, videos and documents are available for their use simply because they are ‘copyable’ resources. Spending time teaching students about who actually owns the property and how to utilize it is tricky. Even companies and large corporations such as Blackboard and Microsoft cannot agree on the rules or how they should be followed. Students are not typically trying to do anything illegal, or immoral, they simply assume that share sites such as Limeware are available and therefor useable. Educators need to explain the rules in forms that our students can understand, even at a very young age. Are teachers equipped with the necessary information and resources?
Here are a few resources available to help address this rather complex topic:
Your Digital Presence offers a basic overview and links to documents regarding Canadian Copyright laws in relatively easy to understand language: http://www.2learn.ca/ydp/copyrightabout.aspx
MediaSmarts lesson for grades 7-8 which addresses the relationship between intellectual property, copyright and trademark concepts: http://mediasmarts.ca/lessonplan/up-and-away
Copyright Matters is a booklet designed to help teachers to understand and deliver accurate content regarding Canadian copyright laws: http://cmec.ca/Publications/Lists/Publications/Attachments/291/Copyright_Matters.pdf
Of particular growing concern is the use of original content for reworking assignments. As digital representations become more popular as a means for sharing knowledge and learning, concerns around this property in classrooms is substantially heightened. I was particularly interested in #13 from the Copyright Matters booklet mentioned above,
“13. Can students and teachers use copyright-protected works to create new works?©
The Copyright Act contains a users’ right permitting anyone, not just students and teachers, to use copyright-protected works to create new works. This users’ right is referred to in the Copyright Act as “non-commercial user-generated content.” This users’ right can be found in section 29.21 of the Copyright Act as amended by the Copyright Modernization Act. The following conditions apply to the creation of non-commercial user-generated content:
1. It can only be used for non-commercial purposes.
2. The original source must be mentioned, if it is reasonable to do so.
3. The original work used to generate the content must have been acquired legally.
4. The resulting user-generated content does not have a “substantial adverse effect” on the market for the original work.
This users’ right permits students to use copyright-protected works to create videos, DVDs, or mash-ups, as long as the conditions above are all met.
The users’ right permits user-generated content created under provision of the Copyright Act to be disseminated. Dissemination includes uses such as posting a video to YouTube or a Web site.”
This excerpt clearly demonstrates the usage laws for content in schools. I was reassured of my own usage and my expectations of my students after reading this.
Overall, it is important for students and teachers to understand is that the rules are more open for educational purposes than for other industries. Bill C-11 allows for the expansion of ‘Fair Dealing’ law which states, “ “Fair Dealing is an exception that permits limited and non commercial copying for specific purposes. Fair Dealing is a user’s right that facilitates creativity and access to information by balancing the restrictions in the Copyright Act.” (2Learn.ca Education society, 2012) to educational means. Education has been included as an exemption in the following categories:
“-Publicly Available Materials on the Internet
-Distance Education
-Cinematographic works
-Reproduction in Class”
(2Learn.ca Education society, 2012)
Education as an expansion category and exempt from some of the restrictions of other industry should be communicated to students. Knowing that the rules that apply to them under and educational standard are different than when they are independently creating works outside the school domain, during their school years or beyond, when they enter the workforce. This difference is largely due to the purpose of educational works, for the greater good, rather than for profit. The spirit of these laws is that if works are properly cited, obtained in a way that is not prevented by protection strategies such as passwords and are used for educational rather than commercial means, generally the use of such resources is permitted.
Teachers should also be well informed. Incorrect use of digital resources whether intentional or not, is a serious issue. Lack of information regarding these laws may result in teachers shying away from using valuable resources. Teachers should demonstrate responsible digital citizenship in their own practice by informing themselves, their students and modelling compliant practices with copyright laws.
Noel, Wanda & Snel, Jordan. (2012) CMEC. Retrieved from: http://cmec.ca/publications/lists/publications/attachments/291/copyright_matters.pdf