Re: [LM_NET] Blogs and Copyright

[Doug Johnson <doug0077@GMAIL.COM>]

Hi Nancy and Sandy,

I am going to offer another view of this. (Unlike Nancy, I am NOT a lawyer.
Which may have its advantages.)

Nancy lists review and criticism as "fair uses" of copy-protected materials.
But these uses are also protected:
·Parody and satire
·Negative or critical commentary
·Positive commentary
·Quoting to trigger discussion
·Illustration or example
·Incidental use 
·Personal reportage or diaries
·Archiving of vulnerable or revealing materials
·Pastiche or collage

At least according to ³Recut, Reframe, Recyle² http://tinyurl.com/ywy74g

The ³Fair Use Guidelines For Educational Multimedia.² These guidelines (as
described by Linda Star on Education World
<http://www.education-world.com/a_curr/curr280d.shtml>) state that students
can create educational multimedia projects containing copyrighted materials
to use their projects for
- educational uses in the course for which they were created.
- portfolios as examples of their academic work.
- such personal uses as job and graduate school interviews.

I don't see that making these student projects available on a public blog is
an issue at all. The classroom in many schools is virtual as well as
physical. Precedent is that students CAN publicly display their projects at
science and history fairs. On bulletin boards available for others to see
through school windows or passing through hallways. If there is case law for
a student or school having lost a lawsuit because of an assignment on a
blog, I've not read about it.

Nancy and others, I think we need to change our philosophy as copyright
advice givers and adopt a similar approach to that of my tax guy. He says
never break the law, but take advantage of EVERY exemption and deduction
your can. 

Let collectively use our expertise to find as many and broad "fair uses" for
our staff and students as we can.

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/

³Thou shalt not² might reach the head, but it takes ³Once upon a time² to
reach the heart. Philip Pullman




On 5/31/08 10:49 AM, "Nancy Willard" <nwillard@csriu.org> wrote:

> The Fair Use Exemptions under copyright law for educational use are totally
> inapplicable. These fair use exemptions address use in a classroom - not use
> posted for the world to see, If the blog is closed, password protected to
> only the class members, these fair use exemptions would still be applicable
> - but not for any material posted openly.
> 
> There is another Fair Use Exemption - this is reproducing for the purpose of
> review and criticism. So a portion of a book or song could legitimately be
> reproduced if the intent is to analyze this. But not simply for illustration
> purposes. 
> 
> I will have a guide prepared by next fall that addresses all of these
> issues.
> 
> Also other concerns of student publication which includes speech that is
> harmful of others - defamation, invasion of privacy.
> 
> Nancy
> 
>> Date:    Fri, 30 May 2008 23:51:24 -0400
>> From:    Sandy Eichelberger <seichel@ADELPHIA.NET>
>> Subject: Blogs and Copyright
>> 
>> Web 2.0 tools are becoming more and more popular and I have cautioned
>> teachers who allow their students to add downloaded pictures and even
>> trademarked images to their blogs. An administrator suggested the
>> Fair Use standard but I recommended getting permission for any
>> "borrowed" images included in the blog. In searching copyright books
>> and web sites I couldn't find an exact answer. If you are
>> knowledgeable about copyright and the new web tools, please share
>> your expertise or direct me to a source.
>> Thanks so much.
>> Sandy
>> 
>> -- 
>> Sandra Eichelberger
>> Library Media Specialist
>> West Seneca East Senior High School
>> West Seneca, NY
>> seichel@westseneca.wnyric.org (school)
>> seichel@adelphia.net (home)

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