Copyright in Schools: Who Does the Work Belong to?

[Jenna Farese Stack]

Lately I have found myself involved in conversations with media specialists and educational technology specialists about copyrighting the work that is created in the lab, library, or classroom. In a world of creating videos, iBooks, eBooks, Podcasts, etc., for educational use, where do teachers stand and what is considered fair use of work that they are producing? Is anyone familiar with the copyright laws that would apply to these situations? If a teacher creates a video or iBook is it the property of the school or the teacher? I am assuming that if students create it then it is property of the district. (Keep in mind that teachers I have spoken with are not looking for profit from their creations.)
What are your thoughts on this issue?

[Carole Polney-Marinello]

Jenna, I agree that this is a "hot topic" of discussion, especially with media specialists. Our media specialist discusses copyright with our students, grades 3 through 6, to help them become aware that there are policies/laws out there and they do need to know what they can use and how to use it in their work.

I've attached two items: a great article addressing copyright and a chart that simplifies what teachers can and can't use.

I feel, as a former photographer turned educator, that whoever creates the "thing" is the copyright owner of it. It seems only right and fair that he/she retains rights to his/her work. In doing a little research, many universities have created copyright guidelines for student work. It may be time for this guideline to trickle down to K-12 public schools due to the high volume of digital/electronic work being produced by students these days.

Interesting enough, this is Yale and UNC's answers to this question:
http://www.cls.yale.edu/page.asp?file=2/169

http://www.lib.ncsu.edu/scc/tutorial/copyuse/students1.html

And here's another great link with excellent resources:

http://www.utsystem.edu/OGC/IntellectualProperty/student.htm

Great topic. Thanks for opening it up.

~cpm

[Blanca E. Duarte]

Jenna, thank you for bringing up this very important topic.

As the technology for creating authentic works becomes easier to use, and the creation of projects like movies and books increases in the classroom, teachers, students and districts will have to understand and be very clear about the laws concerning ownership of these works.

Carole, thank you so much for sharing your resources. A library media friend mentioned running a workshop in September on copyright to help us clarify those issues. There are many ways that one can give permission for others to use their work using different forms of creative commons (cc) licenses, but because the authorship can become tricky (students AND a teacher for example working on creating a book or movie), it is important that children and adults are aware of whether what they created is actually "theirs" to share. Here's a link explaining Creative Commons from the creativecommons.org website.: http://mirrors.creativecommons.org/getcreative/

I also thought the link to the Yale answer to copyright was interesting. It seems as though in their employment policy they allow for professors to retain copyright for books they author but not for works created within the course of their coursework.

I would like to see a deeper discussion about what goes on in other schools - it sounds like you have an excellent system, Carole- starting the discussion with students who are young, and in their "creative" prime. It seems that it's a discussion similar to the one about Internet Safety where there are many ways to approach teaching the subject, but it would seem setting a standard(s) across districts and grade levels P-16 would help. Is copyright part of the Library Media standards?

Also, Jenna, Carole, and others, can you think of any technological advances in the future that might bring about another layer of conversation concerning copyright? How might we deal with those?

[Jenna Farese Stack]

Thanks for the response Blanca and Carole. Going even one step further, what about Blogs that students create, or avatars and voki's? Look at how many people have become famous from youtube. When Game Builders visited Westbury and had students creating video games, I wonder what would have happened if a student created a game that could be sold to bigger companies. We have inventors! Not just our students, but our teacher's as well.

If I decide I am going to teach all my lessons via podcast and create a whole series of technology skills lessons, and then decide I want to market and package my ideas, is that any different than a teacher who creates a new reading program then sells it to a company.

I think it's interesting how this was never an issue if a student created a great book report, diorama, drawing, or poster; but now if they create websites, take digital photographs, or create iMovies and iBooks that are really good we have these issues. I guess that says something about how powerful these tools are!

[Blanca E. Duarte]

Jenna,

How right you are about the power of these tools that allow for others to take information and create something out of it. I am still confused even after reading all the links shared. Whose right is it anyway?

If a student is the creator of a public work...(re-creator is probably a better term for people who take other people's works and create something bigger and better out of it), what to do? Can you sell it? Make a profit? How about a fundraiser? Set up college tuition?

Sometimes I wonder if the reason why more teachers don't use technology is because they have a fear of creating something and not being able to have an answer. I'm curious as to what others think...

[Renate Johnson]

Jenna,
I just came across this website regarding nformation on copyright laws, etc. that you might be interested in.
http://www.centerforsocialmedia.org/resources/publications/code_for...
Renate

[Jenna Farese Stack]

Thank you! I will definitely check it out!