Here a few more comments related to yesterday’s post on “fair use” in educational settings.
My understanding of what educators should encourage is based largely on my reading of the TEACH Act and related commentary (e.g.., Georgia Harper). The very necessity of the TEACH Act suggests to me that educational fair use should not be interpreted as extending to sharing products online. Note that fair use standards were clearly limited to “face to face” classroom settings before the TEACH Act and limited to specific online circumstances (e.g., protected environments) after the TEACH Act. I can now include limited amounts of video, text, music, etc. in my online classes in the same way I could previously use such resources in my FTF classes. As I understand the 2002 law, the notion that an educational product using protected resources (small quantities or whatever) offered in an open way online does not fall under the fair use guidelines of the TEACH Act. Open access amounts to publication – whether for commercial purposes or not. If there are other more liberal guidelines available informing what products resulting from educational experiences can be offered online, I would like to be directed to these resources.
A recent analysis from the EFF entitled Recut, Reframe, and Recycle is now available. But, be careful to recognize the difference in what advocacy groups suggest and what exists in law or through such review processes such as CONFU. Organizations (Center for Social Media) have a way of being focused on an organization-f0cused agenda rather than attempting to balance the rights of all parties that may be impacted when a more formal decision/recommendation is made.
Again, I am not a legal expert (however, I do play one on the web – 😉 ). Unlike those who interpret things in a very loose way, my advice is unlikely to get you in trouble.
Whatever your interpretation of fair use, I stand by my position that expecting students to rely on their own talents to create all components of products they want to offer is the best policy. I would argue that it is nearly always better as a learning experience to develop your own skills or collaborate with willing partners to create products.
