It's Not Stealing. It's "Borrowing without Permission"

 
    Copyright. The one word that every teacher should know, and surprisingly, many do. But over the years, the term copyright has been associated with a simple shoulder shrug, followed by a "who's going to know?" turn of phrase. No longer does the phrase "copyright infringement" strike fear into the hearts of educators; instead, the World Wide Web has opened the floodgates of copyright issues, and unfortunately, its complex layers have been whittled down to a simple "just cite it and you're good" mentality. Let me tell you this, friends- we are not good. 

    In an article published by Education World title "The Educator's Guide to Copyright and Fair Use: A 5 Part Series" (2010), Linda Starr take readers down the rabbit hole of Copyright and Faire Use policies, laws, and procedures, ending with the inevitable truth that many educators (myself included) are violating these laws daily. According to Dicitonary.com, the term copyright is defined as "the legal right granted to an author, a composer, a playwright, a publisher, or a distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work." Simply put, copyright protects any artists tangible, creative rights to their works- monetarily and creatively. As teachers, we are quick to preach plagiarism and discourage our students from copying another's work to claim as their own. However, if we were to closely examine the laws of Copyright and Fair Use, we would find that many of us fail to practice what we preach. 

 For example, showing the The Crucible film at the conclusion of the novel with attached compare/contrast notetaking easily falls under violation of the 1976 U.S. Copyright Act. While the teacher and/or school may purchase and own the DVD, showing this film to multiple classes of students (who do not own the film themselves) prohibits filmmakers, actors, producers, directors, etc. from reaping the financial benefits of film purchases from 100+ students. While this lesson is completed with honorable and educational intentions, it fails to qualify as fair use and clearly violates copyright laws. In other words, it's just "bad manners" (Starr 2010). 

To clarify the confusion, it's important that we first fully understand the difference between copyright and fair use. 

COPYRIGHT

According to Starr's article, "U.S. copyright law, found in Title 17 of the United States Code, establishes broad criteria for copyright protection. According to the law, copyrightable work must be tangible and creative." In simpler terms, any idea that has been written down or recorded (tangible) and is an original idea (creative) falls under copyright terms. To further clarify matters, an artist is not required to register his/her works to fall under copyright terms; they just need to have it recorded/printed. 

When in doubt about the copyright terms, an educator simply needs to begin with one simple question: Is the work 95 years old? Per the 1976 Copyright Law, any text is protected by copyright terms for 95 years. However, it would be unwise to assume that an older text "graduates" from copyright protection. When in doubt, always ask permission. Likewise, considering the current timeline of our technology Internet boom, little to no technology meets the age criteria; therefore, any online sources should automatically be assumed copyright protected.  

FAIR USE

For such a straightforward criterion, why do so many educators find following copyright difficult? The easy answer: confusing regarding the Fair Use Doctrine. Per Starr's research, "the fair use doctrine was created to allow the use of copyrighted works for criticism and commentary, parody, news reporting, research and scholarship, and classroom instruction." If an educator is using a shortened works for educational, non-commercial, non-profit uses AND IT DOES NOT TAKE INCOME AWAY FROM THE CREATOR, then they would fall under Section 107 of the Copyright Act. 

While the inclusion of section 107 is intended to protect both the rights of the creator and legal actions of the educator, in many cases, the lack of understanding of Fair Use has blurred the lines between legal action and copyright infringement. Simply citing evidence or using a work of art for "educational purposes" does not clearly fall within Fair Use Boundaries. Per Section 107, the following boundaries must be adhered for the fair use policy to apply: 

• the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
• the nature of the copyrighted work.
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• the effect of the use upon the potential market for or value of the copyrighted work

As noted above, not only does the fair use act protect the creator's profits, but it also protects the amount/portion of the work being used. Rather than copying and distributing an entire novel (as a substitute to purchasing multiple copies of the book), an educator may copy less than 10% of the work (i.e. a chapter or film clip). In reviewing my earlier commentary related to the Crucible film, while the intention of the assignment is non-profit, educational usage, it clearly violates the monetary aspect of the creator's copyright as well as fails to fall under fair use due to its portion (entire film) versus film clip. 

 TAKE AWAYS

Many of us are guilty of violating the Copyright and Fair Use laws on our little islands. We find the ideal piece of work and the excitement of teaching and engaging our students overshadows the long-term, legal repercussions of copyright infringement.  But just as we preach plagiarism and original thought, it is our duty as educators to just as clearly practice these standards. This does not mean an end to every engaging piece of literature, film, or artwork shown in our classrooms. Instead, it tasks us with the need to teach ourselves and our students to simply "ask permission." Just as we take pride in our own individual creations, it is our responsibility to protect the rights of those who have bestowed their artwork on our world. Helping students to understand the nature of copyright laws and the purpose of copyright laws is the first step to ensuring that our creative artists, poets. filmmakers, and writers can continue sharing their craft - without the fear of plagiarism, financial ruin, and anonymity of their life's work. 

 

 

 

 

Wiki Life: Do Wikis work in the Classroom?

Any student in an English Language Arts class knows one key rule: Wikipedia is not considered a credible source. It appears that after years of arguing this point, it has become cannon and now sits on the shelf next to the "Click it or Ticket" and "Cut plastic Coca Cola rings and save the sea turtles" campaigns.  However, if you ask any student why he/she shouldn't use Wikipedia as a citation source, many fail to justify the reasoning. It appears that the world of ELA teachers has declared war on Wikipedia, never realizing the long-term results: students who cringe at the Wiki name and avoid using it like the plague. 

    Surprisingly, Wikis are incredibly effective web tools that allow students to collaborate, modify, edit, and publish their assignments. Unlike other web tools, no additional training, software, or advanced technology knowledge are required to operate a Wiki. Its web-based nature allows the content to be accessed anywhere at any time, encouraging flexibility and student engagement outside of the traditional school setting. Students can upload a variety of media, receive feedback/peer editing, and publish their written commentary. 

    As a teacher, Wikis are E-A-S-Y. Simply put, we are responsible for the guidelines and expectations of the Wiki; however, students are given freedom to create and collaborate on the template. They are able to take ownership of the platform and publish their individual/group consensus for the given assignment. It also provides an alternate platform that differs from a traditional "Google Doc" situation and essentially becomes a virtual "white board" for students. 

    To put my theory to the test, I decided to assign a class narrative assignment to my group of Honors English II students. Students were assigned specific narratives to read and analyze; this was a jigsaw grouping method with each group reading a different literary excerpt. As a teacher, I was mostly seeking to assess their analysis of the literature and to review the information gathered by the individual and group as a whole. In past years, students were given this assignment and asked to complete a Google Slide to demonstrate their group's analysis. Unfortunately, in many cases, the students became hyper-focused on the creation of the Google Slide and failed to adequately provide strong textual analysis. The Google Slide aspect created an unnecessary barrier to my assessment.  To counter this issue, I decided to restructure the assignment and ask students to use a Wiki instead. In transitioning to this platform, I could better view individual student work and group work, while introducing students to a simplistic platform. Overall, the students agreed that this process was easier to work than the creation of Google Slides. One student, inspired by the assignment, was able to create her own Wiki page to collaborate with her AP U.S. History class, thus creating a space for shared note-taking and study sessions.

    Overall, I would definitely recommend the implementation of Wikis within the Secondary ELA classroom. They prove resourceful, simplistic, and effective for student engagement.

Welcome to the Adventure!

 

Introductions 

Welcome to Mrs. White's Words of Wisdom. I am a nine-year English educator with a passion for children, technology, and taking risks. My teaching career has primarily been based in the Secondary High School setting. I've had the pleasure of working with 9th grade World Lit/Honors World Lit students, 10th grade American Lit/Honors American Lit, 11th grade AP Language and Composition, Reading Composition, and recently the addition of Yearbook Journalism. Simply put, I'm the crazy English teacher that everyone warned you about. Outside of the classroom, I run the Creative Writing club at our school, work as the advisor of our award-winning yearbook, collaborate with faculty members on our school improvement team, and actively participate as a mentor teacher. I enjoy all aspects of the classroom, but am known for my crazy antics regarding school spirit. I never pass up the opportunity to dress up and make my students shake their head and laugh. I think teacher and student moral are essential to learning, and it is the joy of my life to know that I can make a kid's day better, even for a short 75-minute period. 

Blog Purpose

 I have a firm belief that every student has the ability to learn if given the proper care, motivation, and accountability. I am also a firm believer that our educational environment and our students are changing rapidly with the increase and integration of technology into our world. As educators, we can either hop aboard the crazy train and use this new technology to our unique advantage, or spend countless exhausting hours trying to fight against an inevitable change. Personally, I believe in the old saying: "If you can't beat them, join them." But in "joining" our students, it is essential that we, as educators, fulfil our obligations to train students to become life-long learners and successful adults. In a world full of technology, where TikTok has become the central news artery for our students, it is important to demonstrate how to "use our technology powers for good" and seek information that is valuable, accurate, and credible.

 My hope for this blog is to create an open forum of discussions and opinions of "what works", new technologies, and struggles along the way. Just as I stress to my students, new challenges can make us uncomfortable and frustrated; this is proof that we are learning. As educators, we are called to become lifelong learners, and I'm looking forward to sharing my many challenges, victories, and reflections in  the world of Ed Tech.