Copyright...

Copyright in society


No matter what we teach our students, we must know that many of them will download, copy and distribute copyrighted work. Do we need to rethink copyright? We definitely need to rethink how copyright is applied. The proliferation of technology that allows copying and sharing means that millions instead of dozens may violate copyright.

Having laws that cannot be enforced, or, conversely, laws that are broken frequently and openly by people who very few would deem criminal is not good for society. Few people question the right of an individual to own his/her work. Few question that if it is worth seeing/watching/reading/listening that person should reap the rewards of its popularity. The contradiction is that so many of us will download music or films we like because we can get them easily and cheaply. Maybe it's because we don't see it as the product of an individual but of a corporation. Or maybe it's because we are unethical, thieving hypocrites. Maybe we will only stop if we get caught.

Sweden's internet traffic dropped by almost a third after it's new piracy law went into effect. Sweden's law still goes after sharers, however, and not those who facilitate the sharing. It seems that they only real way to stop massive violation of copyright (and it is the massive violations that copyright holders really worry about) is to pursue the companies that facilitate violation. The prosecution of sites like the pirate bay and the lawsuits against google (for the videos that become available through youtube) may be the only effective ways to curb copyright violation.

But back to the key question - do we need to rethink copyright? Can we? We know how much people will do for attention/popularity/fame for FREE. But we also know that our society is richer when people have the opportunity to have a career creating and entertaining. If we undermine copyright we undermine that possibility.

Should we return to a dying doctrine? Should those who entertain and create be employees of the state? They would be guaranteed an income and the fruits of their labour can then be shared by anyone and everyone without fear of reprisal and without guilt.

Copyright in school

Since we now work so often with our students on the process of creating work that could be accessed by potentially HUGE audiences, we need to teach our students about copyright. We need to teach them in order to help them protect/nurture their own creations and to help them create safely. By safely, I mean that they should learn how to create truly original work that both honours the creativity of others and does not run afoul of any legal statutes.

Many of our students may create through sampling of images, sound and ideas, but for them to be respected as creators, they need to be original (not derivative). Learning the difference is a process that we have the luxury of being part of. In all the disciplines of school life, art/music/language/analysis you name it, our students will be encouraged to follow models or emulate styles as they find their own voices and styles.

In school we have a responsibility to set a good example of how copyrights can and should be respected while also creating original work. There is fairly wide latitude for us as individuals and as educators to make use of copyrighted material while fostering creativity and learning.