A useful slideshare presentation Wesley Fryer offers information on copyright (note he suggests that legal advice may be necessary – everyone says this). The intent is to help educators understand copyright and realize they have rights as educators. It is worth listening.
I still have difficulty with some interpretations of fair use I have encountered recently. As a different perspective, I would encourage a review of the TEACH act. Read the provisions expected for on-iine fair use as outlined in this summary from the University of Texas.
For example consider the following provision:
d. For and technologically limited to students enrolled in the class.
Fryer does mention the TEACH Act – listen carefully.
I am still not certain I have a clear understanding of more “aggressive” interpretations. Creative commons I understand. He does mention CONFU (the source for the guidelines).
Code of Best Practices – “transformative” use – this is the popular source I would urge be considered very carefully. Most student and educator activities are not focused on media criticism or documentary work. I am not claiming Wes Fryer does not understand “who is a creator”, I am claiming educators who listen to such presentations may interpret pretty much anything they do as content creation. Transformative work, content creation, content criticism, transformative, adding value – how are such phrases interpreted. For example, is anything I embed in a powerpoint presentation and I use in a class (or more importantly make available online) part of my content creation. I might assume that my comments as an educator “add value” to any images I incorporate in a Power Point.
I ask myself the question – Why was the TEACH Act necessary?
I like the recommendations to create your own content and rely on creative commons when possible.
Psychologists suggest that negative examples are important in helping others understand the boundaries of concepts. So, one thing I always listen for are examples that we all know exist that identify things not to do. If you claim to understand copyright and encourage a more liberal view – offer examples that are on the other side of the line you decide to draw.