Saturday, April 6, 2013

Copyrights and Responsibilities



Public domain image.


It’s a perennial problem.

In the course of putting together almost every issue of Horizons, we come across at least one or two photos that violate copyright laws submitted by staff members.

We try to give the students who submit these pictures a chance to replace them with something else. Once in a while they do. Usually we end up just ditching the infringing photos.

Copyright violations have legal ramifications for Horizons. We could face civil penalties if we were to use someone else’s protected work without permission.

Why do these violations keep happening? The fact is that most students – heck, most people – know almost nothing about intellectual property law or theory.

The Internet has exacerbated copyright ignorance. It takes only a few clicks to download a picture, a song, or a video. Most websites don’t help - often there is no copyright information anywhere near the piece of work. The user has to go digging to track it down.

But in order to do that digging, you first have to know that there’s something to dig for.

I can understand the confusion. If I right-click, I have an option to save an image on my hard drive. Nothing stops me from doing it or tells me about my rights under Fair Use statutes.

It’s important for students to understand, though, what they can and cannot do in all aspects of their personal and educational lives. Nearly everyone with an Internet connection now deals with copyright on a day-to-day basis, whether one realizes it or not. Regardless of what you think of lawsuits against 12-year-olds by the Recording Industry Association of America, you need to be aware of the laws, as well as your rights and responsibilities under them.

I decided, along with Professor Karyn Smith, that it was time to give the Publications class a primer on the basics of copyright. I prepared a short slide presentation and a handout that they could reference in the future.

Of course, there was no way I could cover everything. Copyright is complicated. I’ve been interested in intellectual property law for years, and there are still many facets I know little about.

I boiled my talk down to three major points. The first was to explain to the students that their own work is protected, and to let them know they could assert their rights.

Next I gave an overview of the broad categories of copyright: public domain, creative commons, “all rights reserved,” and “unspecified” (cases in which it is not possible to determine the copyright holder). I explained the conditions under which they could use works from each of these categories.

The third point I touched upon was the idea of derivative works - a photograph of a painting, for instance. This is one of the areas in which the lines of impropriety get fuzzy, but it’s imperative to have a notion of when that threshold has been crossed.

I tried to make derivation relatable to the students by analogizing with a journalistic example. I scribbled on the board:

Great Article
By Dave W.

Blah, blah, blah -------------
---------------------------------
---------------------------------
---------------------------------

“Imagine Dave wrote this fabulous article,” I said, “and it says everything I would want to say. I want to use it, so I do this....” I made some adjustments, until I had this on the board:

Great Article
By Brandon T. Bisceglia

“Blah, blah, blah -------------
---------------------------------
---------------------------------
---------------------------------,” said Dave W.

Several students immediately sensed this was not kosher, and voiced their dissent. I told them this was the idea (though admittedly taken to an extreme)  behind restrictions on derivative works of any kind.

When I was finished, Karyn asked if there were a few strategies students could use to find appropriate pictures for their articles. I briefly walked through using Google Image’s “Advanced Search” license filters. I also said they could check the copyright policy on most professional websites if there was no obvious indication of a picture’s copyright status. Karyn added that students could stage their own shots if necessary. I agreed – I’ve done it many times before, including for the picture in my previous blog entry.

Will any of this staunch the flow of useless photos? Probably not. Not every student understands the first time you explain something. Not every student pays attention – or cares.

Now, however, those who do care can refer to the handout if they have doubts about an article.

They also have a powerful tool in their knowledge that copyright laws apply to them. It’s essential for survival in the digital age.

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