Blog 4- Aufderdeide and Jaszi

Patricia Aufderheide and Peter Jaszi (2011) made a compelling argument for fair use in their book Reclaiming Fair Use: How to Put Balance Back in Copyright. In chapter seven, they explained the licensing and copyright issues confronting documentary filmmakers. These filmmakers were supposed to be documenting culture and yet they changed the appearance of the culture they filmed in order to ensure they were not infringing on any copyrighted material. The reason they engaged in this behavior was to ensure their films could be insured because without insurance, they would have no market. Their subsequent efforts  to draft a statement outlining best practices for fair use and the success they achieved created a sense of hope that in the madness of the copyright chaos fair use could become a powerful tool. I think Aufderheide and Jaszi should be commended for encouraging and helping various groups identify best practices within their fields for implementing fair use.  

In chapter eight, the authors revealed that the guidelines currently being promoted by librarians and educators were based on faulty guidelines that were supported by the industries who would be best served by limited use of fair use. These guidelines, while not part of the 1976 revision of the Copyright Act, became associated with the law because they were read into the congressional record. Because they favored a strict interpretation that limited the use of fair use, the holders of copyright continued to promote the guidelines as the definitive word on how to interpret fair use. Educators and librarians ability to perform their jobs was affected. The development of a code of best practices to be used when implementing media in education helped to create a new environment for teachers where they could teach using appropriate material and educate their students on how to use fair use to create new works of culture. 

The book, Reclaiming Fair Use changed how I viewed copyright and fair use. If I could, I would create a code of best practices for advisors and other staff in higher education. We too teach and influence college students on a regular basis. I have learned about amazing ways to use technology to teach and yet there remains a fear that I or my students will infringe on copyright if I assign a project using technology. In a sense,  my ability to teach students is being hampered just as documentary filmmakers and educators were. While there are similarities in teaching and advising, I would hesitate to assume I could use the same best practices as teachers since I am working with adults and not children. 

According to Aufderheide and Jaszi, Fair use is a valuable tool that needs to become a part of our culture once again. Even though copyright laws have become stronger, fair use is as much a right as copyright.  Their book outlines how to ensure fair use is implemented appropriately. It also clears up where the confusion started and how to end it. The key element of the book is the idea that any group or individual can, with education, learn how to employ fair use to create.  I am encouraged that even though locked up by copyright, our culture is still free to be used to create new works.

CSE 619 Post 3: Levine

As with all issues, there are multiple viewpoints each competing to draw a crowd of supporters to help advance their cause. The issues surrounding copyright are no exception. This week as I read Robert Levine's (2011) Free Ride: How Digital Parasites are Destroying the Culture Business, and How the Culture Business Can Fight Back I realized one of the victims of the copyright laws is educators.  As we try to teach our students to be good digital citizens, it becomes difficult to do when we find the copyright laws difficult to navigate. With rules and regulations so complex and with a large number of internet users engaging in what is considered copyright infringement, it becomes difficult to teach students how to appropriately engage in using the internet. Often times, as in the use of YouTube, educators are not aware that their usage provides revenue to someone and so their use of the service constitutes commercial use. Navigating the copyright sea is fraught with dangerous shoals that can make it difficult to instruct our students on being good digital citizens.  

At the same time, as we try to educate students about the legality of downloading media, we are competing with companies and internet providers who are making money off of those who are engaging in this type of behavior. According to Levine (Chapter 10, p. 241) these companies, like those who are downloading, all seem to claim they cannot be held responsible due to the DMCA.  The internet providers say they are not responsible because of the way the laws have been written and the illegal down loaders say they are not responsible because the files are available.  After all, who wants to pay for something that can be obtained for free. Indeed, some educators probably do not see the reason why they should pay for something that can be obtained for free. It is difficult to tell our students to not copy and paste information from the web, when there are news services making money from gathering news stories others have written and making a profit out of collecting the work of others (Chapter 4, p 127). In other words, how do we teach good digital citizenship when the vast majority of those using the internet are engaged in breaking copyright laws? 

Levine's solutions to help stabilize the dissemination of culture on the internet makes sense. If internet service providers are held accountable for the content that runs through their services and online locker services for information stored on their sites, then the biggest offenders could be shut down. Locating illegal sources could become more difficult to locate than legitimate sources. People would be encouraged to purchase rather than pilfer their media (p. 241). When, as Levine states, the technology industry receives benefits at the expense of those who are creating, then something needs to be done. The technology may not have existed at the creation of the DMCA to allow internet providers to manage the content that flows through their service, but it now exists as is evidenced by YouTubes success at screening copyrighted work before posting. 

Once it becomes the norm to purchase media, then educators will be in a better situation to teach students how to be good digital citizens. Hopefully, in the process, the laws will be rewritten to allow educators to understand when and how to use copyrighted works without infringement.  They will also be able to explain to students how to locate legal works that can be used to enhance school projects based on the creative commons license endorsed by Boyle in The Public Domain. There is no one solution for every creative endeavor. Some will chose to give their works away while others will chose to maintain their rights to distribute their works. A solution that does not allow both of these groups to exist, cannot produce a viable creative culture.