Copyright or Copywrong? Part 2
Posted by jamesfrankel on February 2nd, 2007
With podcasting quickly becoming a popular way to utilize technology in the music classroom, teachers must be knowledgeable about how copyright law applies to podcasting - specifically in terms of using copyright protected materials within the student work. Before one allows students to import digital music or video clips into a podcast, it is important to understand the Fair Use Provision of the Digital Millennium Copyright Act of 1998.
The Fair Use umbrella is a bit leaky when it comes to podcasting - perhaps because it is so new. While it clearly states that teachers and students can use up to 10% of a copyright protected work within an educational multimedia project, it is not clear whether or not that multimedia project can be posted online. The reason for the ambiguity is that once a podcast is posted online, others are able to download the work. Even though there may be less than 10% of the work played - it is not legal to make that material available in a format that can be downloaded. While there is no problem when students and teachers utilize the same materials within the classroom, once they cross into the world of the Internet, Fair Use gets unclear. The iTunes site has a very clear policy about posting podcasts that contain copyright protected materials - they do not allow it, and users must click on a legal disclaimer that agrees to that policy. This policy indicates that educators should avoid the practice as well. In my opinion, I would not allow students to use copyright protected materials when podcasting. Provide them the opportunity to create original music or use the jingles that are on GarageBand instead. Better to be safe than sorry.
I welcome your comments and suggestions.
Powered by FireStats
February 3rd, 2007 at 5:16 pm
Dr. Frankel- Great Blog! I am so impressed that you were able to continue your New Year’s resolution over the span of an entire month. Most people I know only last a couple of days - very impressive!
As I integrate more technology into my lessons and I become more familiar with the copyright laws that govern media material used on the internet, the more astonished I am at the complete ignorance associated with using copyrighted material. Everyone is doing it - adults, children, even people that should really know better! However, I believe the prevailing reason for breaking the law is complete ignorance. Unfortunately, I don’t recommend that anyone should take that defense into a court room!
I believe the best way for social change is through education. If we model the difference between right and wrong, students will learn the underlying moral issues of copyright. Furthermore, I think it is better to teach this as the student is learning the technology so they can incorporate a cautious approach to their own projects. I think this caution will transfer to their own process to create future projects. I really like how you urge caution in your Intro to Tech for Music Ed - you even dedicate an entire class to copyright! From my perspective, your passionate stand inspired me to think more about the moral implications. I am very grateful for this because I know I certainly wouldn’t be able to afford to settle one of those lawsuits!
Thanks for reminding me about this important issue!
February 3rd, 2007 at 8:48 pm
Thanks for your comments Tony. It is a true passion of mine to educate as many educators as I can about copyright laws and how thye can affect what we ddo in the classroom. I am presenting my copyright session at NJMEA again this year. Spreading the word…
Thanks for reading and commenting!
James
February 4th, 2007 at 11:02 am
Can we talk about this topic in class on Monday. I would like to post a film short on my password protected website that includes 10 seconds of a Ray Charles song. It seems like such gray area. The film is not a podcast and is not downloadable as far as I know. I would love to hear what you have to say about this.
-Ann Winze
February 4th, 2007 at 11:54 am
Absolutely Ann. There are many video clips that you can find on services such as Google, archives.org, and YouTube that are in the public domain. These clips can be used in a podcast. I’ll have a look at it.
James
February 7th, 2007 at 11:51 pm
Thanks for raising these points. This issue might also be an opening to talk about musicians who are allowing their music to be used for podcasts. Websites such as podsafe music network, and the creative commons audio site are helpful in this way. The podcasting legal guide is also a helpful resource in navigating all of these really complex issues. Ideally, I really like your suggestion for students to create their own music. - Evan T.
January 21st, 2008 at 1:56 pm
Hello Dr. James Frankel!
I’m an English teacher in Brazil and am really impressed with your blog! There is a lot of useful information here. I was born, live and work in Brazil, and, as I was reading your two posts on copywrong, I was wondering if there is such a thing as an international copyright law. I mean, in case I break some American copyright law by publishing something in a podcast, but the Brazilian copyright law says nothing about it, or even says I’m not wrong, what happens? In other words, which country’s law should regulate internet content when the internet content actually belongs to no (or perhaps all) country(ies)?
I don’t mean to break any law =), it’s just that this is a very delicate issue…
Kindest regards from Brazil,
Ronaldo
January 21st, 2008 at 2:21 pm
Ronaldo,
Thanks for your kind words about my blog. It’s great to know that people around the world are finding it useful.
Here is a worthwhile link that will answer your question about copyright law as it applies to the Internet.
http://depts.washington.edu/uwcopy/Copyright_Law/International_Copyright_Law/
Hope you find your answers there. If not, I would be happy to help you look.
James
October 8th, 2008 at 9:21 pm
[…] James Frankel on “Copyright or Copywrong”: http://jamesfrankel.musiced.net/2007/01/19/copyright-or-copywrong/ and http://jamesfrankel.musiced.net/2007/02/02/copyright-or-copywrong-part-2/ […]