-tictech message:
The other day at the ET meeting there was discussion of the use of
commercially distributed music in a first grade science project. What
struck me was the concern expressed at the use of the music in such a
project. I don't believe that there is any legal basis for teachers or
students to seek permission for such use as long as the final product will
not be sold. This is based upon my own research and experience, and
discussions I have had with other educators. In particular, I discussed the
matter with an old teacher of mine who has taught a video production class
for about twenty years. The show is called ONN, Olympia News Network. Here
is a quote from my teacher:
> łOne reason why I've always shied away from doing any
> sort of selling of ONNs or a video annual, etc. is that I would want to
use
> music that kids currently relate to, and I wouldn't be able to use any
music
> except self composed and played, or music sold for license-free for profit
> productions.˛
ONN is broadcast weekly on public access television in Thurston County.
Additionally, it is available on the Internet at
http://kids.osd.wednet.edu/ohs/ (at least, it will be when I get down there
to fix their streaming server).
I think that a lot of our concerns are based upon the scare tactics used by
the RIAA (Recording Industry Association of America) and MPAA (Motion
Picture Association of America), which currently seek to impose morality
using Digital Rights Management and the Digital Millennium Copyright Act.
The problem is, if we can't copy music for illegally, then we can't copy
music for legal purposes; the consequence is the subversion of our rights.
Here is section 107 of Chapter 1 of Title 17 of the US Code:
> § 107. Limitations on exclusive rights: Fair use
>
> Notwithstanding the provisions of sections 106 and 106A, the fair use of a
> copyrighted work, including such use by reproduction in copies or
phonorecords
> or by any other means specified by that section, for purposes such as
> criticism, comment, news reporting, teaching (including multiple copies
for
> classroom use), scholarship, or research, is not an infringement of
copyright.
> In determining whether the use made of a work in any particular case is a
fair
> use the factors to be considered shall include-
>
> (1) the purpose and character of the use, including whether such use is of
a
> commercial nature or is for nonprofit educational purposes;
>
> (2) the nature of the copyrighted work;
>
> (3) the amount and substantiality of the portion used in relation to the
> copyrighted work as a whole; and
>
> (4) the effect of the use upon the potential market for or value of the
> copyrighted work.
>
> The fact that a work is unpublished shall not itself bar a finding of fair
use
> if such finding is made upon consideration of all the above factors.
(http://www.copyright.gov/title17/92chap1.html#107)
Number 3 above differentiates between downloading from a peer-to-peer
services such as Napster and using a U2 song in the soundtrack for a high
school news show. The first graders' project used only small portions of
the music. Moreover, it is obvious that distribution of their work is not
going to affect the market value of the music it uses.
Admittedly, the laws are complicated and I am no lawyer, but this has been
addressed by other educational institutions. Here are some examples of
guidelines written by/for higher education:
Stanford University Libraries:
http://www-sul.stanford.edu/cpyright.html
http://fairuse.stanford.edu/
Consortium for Educational Technology for University Systems:
http://www.cetus.org/fairindex.html
Another good source is the Electronic Frontier Foundation:
http://www.eff.org/IP/eff_fair_use_faq.html
http://www.eff.org/cafe/gross1.html
In reading the above sources, it becomes clear that as long as certain
standards are met, fair use applies. Have your students cite the work just
as they would in a bibliography. I think that this is a good lesson for
students. So often we are encouraged to make sure our students know that
copying music is illegal, but they should understand rights of the public
and the freedoms they are granted. The RIAA and MPAA would have us believe
otherwise, but copyright law swings both ways. I know that I am more aware
of my rights because my teacher talked to me about it.
Regards,
Graham Ford
Network Administrator
Highland Park Elementary
gjford@seattleschools.org
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