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Photo Credit: Microsoft Clip Art Gallery |
So this week we had three parts to read to begin to understand copyright laws. Let me just say, that it is still as clear as mud. When Professor Bustillos said that is was "an ocean of grey," that was certainly not an understatement. It seemed to me that many of the videos seemed to contradict each other a little bit. Several said that "Fair Use" was a great movement to help protect from censorship, however; there is no clear way to use it. Yes there are codes of practice, but these codes of practice aren't sanctioned or recognized by law (to my understanding). To me it seems like a way to say, "If all of us are doing the same thing, there are too many of us to try to sue." I've seen the same premise used with employees. "If we all do it, they can't fire us all." That doesn't mean that it is right...just that it is less likely to be enforced. Also with Fair Use you have so much that is subjective. The idea of a proportional amount, the work not infringing on the owner's ability to profit, and the idea of whether it is necessary. All of these are subjective. I may have taught a unit on the Civil War without the use of the movie "The Patriot" before the movie was created, but now that the movie is out I cannot imagine trying to teach the idea of families and communities torn apart by the choosing of sides. Technically, it is not Fair Use, as I have had the unit previously...but if you ask me, I will tell you it is.
I applaud the artists that contribute to Creative Commons. I think that the industries are looking at downloading and using material in the wrong light. I had to laugh when the lawyer for the film industries claimed to lose $6 billion a year on pirating. Look at how much they make already! Can you imagine how much they would make otherwise?? It is unbelievable to me as someone who makes way less than $40,000/year.
In the end (in my humble opinion), you have to take a look at what the consequences of the actions are. Industries are worried more about money than preserving history and that was never more clearly illustrated than in the "Eyes on the Prize" video. You have irreplaceable pieces of history that are lost forever because of money. In a few years when are younger generations are unable to appreciate the struggles of their ancestors will that be worth further lining the pockets of the already overly wealthy??
First of all, this thing is weird. I just wrote out a nice detailed comment and went to post and it made me sign into my Google Account and then it listed my name as "Charles Solomon" instead of Jen Selix. Grrr...
ReplyDeleteAnyhow, I'm completely with you in regards to confusion and frustration with copyright and fair use. I find it to be completely ridiculous that our legal system can't clearly define fair use and write it into law. There are thousands of other completely pointless laws, why not one that defends the practical application of historical media?
Also, I can't count the number of times throughout my education where I've been shown an entire movie as part of the curriculum on a topic. From Apollo 13 to Braveheart to Dances with Wolves... and the list goes on, teachers use these movies to supplement curriculum in a way that they never could otherwise given our budgets and means. It seems crazy to think that a teacher could be sued for showing a motion picture in their classroom.
- Jen Selix
Just in case anyone is confused... this is Jen Selix, not Charles Solomon.
ReplyDeletePlease forgive me for using your blog as a testing ground, Heather. I hope you can delete some of these extraneous posts. I think I may have fixed my name problem. Here's just one more test.
ReplyDelete- Jen
I completely agree that with your comments that the videos contradicted each other. The rules on this are definitely all GRAY! I was surprised by the lawyer who complained about the money they lost and on a Teacher's salary wondered if they lost that, much how much did they make $$$$?? I too applauded those who put their work out there and contribute to Creative Commons. I'm think there needs to be a happy medium in which we can all share the great works that are out there and use the spread of knowledge in a way that we can all be happy with. Sometimes growth as a culture in worth more than money in our pocket.
ReplyDeleteHeather,
ReplyDeleteThanks for commenting on my blog. I agree that it is muddy waters, copyright that is.Fair use a legal defensible scary place to stand, agreed? Creative Commons we applaud you.
Thanks Heather
The system is messed up. But I think it is part of a larger cultural problem that says that we should be shooting for making that one big hit in our lives and then ride it out for all it's worth. Most artists with any lick of integrity or maturity tell me that they just want to have the means to do the thing that they love. They want to be recognized AND compensated, but most are not looking for the pot of gold at the end of the rainbows. It's the suits that are looking for the pot of gold and are hoping that we won't notice that it's a pot of something else.
ReplyDelete