Copyright and Fair Use: Erlaubt oder Verboten?

This week we discussed at length Copyright law, specifically Fair Use, and how it affects us as educators. In short? Without a thorough understanding of Fair Use laws, we simply cannot be effective instructors.

Fair Use is a sticky wicket, mostly because there is so much misinformation out there circulating as fact. Teachers are warned about the dangers of Copyright fraud, and that at any moment we or our students could be subject to auditing by the elusive Copyright Police.

In truth, many “guidelines” for Fair Use and appropriate Copyright practices do not follow the actual legislation at all. They are typically written by media companies who want to keep teachers and others from using their materials without their permission (i.e. without paying license or royalty fees).

In truth, educators need to be aware of five main indicators of Fair Use:

1. Tranformation: are you and/or your students using the Copyrighted material in a new, innovative way to deepen understanding?
2. Purpose: Why are you using this particular material? (ex: it is an example of the German sense of humor or gives perspective into how Germans think culturally about a specific topic)
3. Nature: Are you intending to use the material in the same way or for a different reason? Are you expecting to make money off of the use? Are your intentions ethical?
4. Amount: How much of the material do you intend to use?
5. Market Impact: Is your use of the Copyrighted material going to take market business away from the original creator? Are they going to lose income if you use the material?

It is a relief to finally be accurately informed about Fair Use. As a German teacher, it is essential that I incorporate authentic materials into my instruction. Students must be exposed to German that was created for and is used by Germans! Music, images, short films, newspaper and magazine articles are all part of these authentic cultural materials. It would be a disservice to my students to expose them to anything less (i.e. textbook or teacher-created “stand in” materials for the real thing). I can now evaluate my use of these Copyrighted materials, and make my own decisions as to how I want to use them (and how I want my students to use them as well) in my classroom.

Passing the Torch

When I first read the description of what the “creative spirit of design” was, I couldn’t help but think on one of my favorite TED Talks by conductor Benjamin Zander. In his talk he discusses the power of classical music, but also his life’s goal: leave your audience “with their eyes shining.”

His is a powerful message. As teachers, we aren’t simply deliverers of information, just as our students aren’t simply receptacles for it. We are all dynamic human beings with our own perspectives and ideas. Letting our students become designers allows all of us to tap into our creativity and enrich not only our minds but our spirits as well. Our goal is for our students to leave our classrooms with their eyes shining, excited about what’s to come.

In the reality of day to day teaching, that is a tall order. It’s tough to get some of our kids to consistently bring a pencil to class, let alone get them to create a high-quality website/blog/promo video, etc. But with some carefully designed scaffolding, we can guide our students to an end product that they can be proud of, while also helping them strongly grasp our learning goals.

The term “scaffolding” comes from construction; the supports around a structure that is in the process of being built or renovated. The problem with scaffolding, however, is that it’s very obviously present and can be a real eyesore. I like to think of the structure and support we give our students more as an invisible fence. The boundaries are there, but they aren’t so obvious or imposing. Students know not to wander off too far, but the view of their product isn’t obstructed, nor is their creativity staunched by rules and regulations.

A good “invisible fence” needs three things: clear expectations/outcomes, solid background knowledge, and regular checkpoints for feedback. These are all elements of lesson design, and can be achieved through rubrics, examples/modeling of the final product, and opportunities for evaluation and reflection before the final product is due.

As a middle school teacher, laying a reliable invisible fence is so important. My kids are at one of the most creative points in their lives. They have more knowledge about the world than when they were in elementary school, but they haven’t yet grown out of the magic and imagination of early childhood. Without a good fence, they are destined to wander all over the place and never get to where they need to go. But with a good one, they can design their way to an end idea that aligns with my learning goals.