Re: [LM_NET] Copyright and subversion

[Pamela Burke <pam.burke@GMAIL.COM>]

You said a mouthful, Doug!

I'm very concerned with our obsession with the intricacies of  
copyright law, and our habit of playing it safe. If we librarians do  
not encourage the application of Fair Use in the classroom, we're in  
danger of loosing it.  If your school blocks YouTube, but there is a  
video there that would be helpful for use in class that you can get  
no where else, is it so bad to download it at home simply so you can  
use it as part of the curriculum?

I'v got a link on my blog to an article about “The Cost of Copyright  
Confusion for Media Literacy,” released by American University’s  
Center for Social Media. I recommend checking it out.

http://lib.surruralist.net/2007/10/26/copyright-crisis-in-the-classroom/


Pamela Burke
Librarian, Marlboro School
Marlboro, VT 05344
http://marlboroschool.net


SurRural Librarian
http://lib.surruralist.net/





On Apr 1, 2008, at 4:28 PM, Doug Johnson wrote:

> Hi folks,
>
> Barbara's posting below has triggered a little rant. Barbara, I  
> love ya -
> don't take this personally.
>
> I say go ahead and downloads YouTube videos regardless of what the  
> "terms"
> say. Here is why:
>
> 1. I sincerely doubt there is any case law existing that would  
> indicate
> whether YouTube's statement holds any legal water. When such a  
> condition
> exists, you should ask yourself if it is any harder to ask  
> forgiveness than
> permission when making a decision that is questionable. If you are  
> abiding
> by _most_ of the fair use indicators and it leads to a better  
> educational
> experience, don't wait for permission. Just do it. (Jamie, don't be  
> a wimp!)
>
> 2. We should stop wasting our time fussing about this petty ante  
> stuff.
> Downloading a YouTube video has about the same degree of  
> criminality as
> stealing a sugar packet from a restaurant or driving 2 miles over  
> the speed
> limit. Yeah, technically it may not be legal - but who really cares  
> except
> those folks who never left Kohlberg's Law and Order stage of moral
> development. How is a kid downloading a illegal song any different  
> from us
> stealing an apple from a neighbor's tree when we were young? -  
> other than
> the fact we were simply mischievous and today's kids are criminals!
>
> I am growing more and more convinced that we are simply tying  
> ourselves in
> knots worrying about what people shouldn't be doing - especially on  
> petty
> matters. (Who exactly suffers if a movie is shown in school as a  
> reward
> rather than in direct F2F instruction? Perhaps we should approach  
> copyright
> from teaching people what rights they do have, about what things we  
> don't
> know are legal or illegal, and about using the morality of a situation
> rather than the legality. Ask me, we are genuinely in danger of  
> creating a
> bunch of scofflaws out of our kids and teachers.
>
> OK, have at me. Strip me of my library epaulets. Drum me off  
> LM_Net. But I
> said it and feel better for it.
>
> All the best,
>
> Doug
>
>
> Doug Johnson
> Director of Media and Technology
> Mankato Area Public Schools
> Box 8713, 1351 S Riverfront Dr.
> Mankato MN 56001-8714
> Phone: 507-387-7698 x 473
> E-mail: doug0077@gmail.com
> Web: www.doug-johnson.com
> Blue Skunk Blog: http://doug-johnson.squarespace.com/
>
> “Thou shalt not” might reach the head, but it takes “Once upon a  
> time” to
> reach the heart. Philip Pullman
>
>
>
>
>
>
> Dear Suzanne
> This has been the subject of a lot of discussion on the Australian  
> list
> because, according to the Terms and Conditions of Use, you cannot  
> do this
> without the express permission of the video owner.
>
> This is from the Terms of Use website http://www.youtube.com/t/terms
> "You may access User Submissions solely: for your information and  
> personal
> use; as intended through the normal functionality of the YouTube  
> Service;
> and for Streaming. "Streaming" means a contemporaneous digital  
> transmission
> of an audiovisual work via the Internet from the YouTube Service to  
> a user's
> device in such a manner that the data is intended for real-time  
> viewing and
> not intended to be copied, stored, permanently downloaded, or  
> redistributed
> by the user. Accessing User Videos for any purpose or in any manner  
> other
> than Streaming is expressly prohibited."
>
> This was brought to our notice here when one of our members noticed  
> that
> Jamie McKenzie was advocating downloading clips in an article he had
> written, so she wrote to him and he changed what he had written!
>
> Barbara
>
> Barbara Braxton
> Teacher Librarian
> COOMA NSW 2630
> AUSTRALIA
>
> E. barbara.288@bigpond.com
> Together we learn from each other
>
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