2008 Conference: Difference between revisions

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  Workshop objectives
  Workshop objectives
 
[[Image:Example.jpg]]
Our mission for the two days is to explore, discuss, and envision new modes of teaching copyright in ways that encourage creativity, promote collaboration, and empower youth. Key to the discussion will be looking towards creating curriculum that challenges students to think critically about the ethical, cultural, legal and economic factors at play within the realm of creativity and copyright. More specifically, we aim to,
Our mission for the two days is to explore, discuss, and envision new modes of teaching copyright in ways that encourage creativity, promote collaboration, and empower youth. Key to the discussion will be looking towards creating curriculum that challenges students to think critically about the ethical, cultural, legal and economic factors at play within the realm of creativity and copyright. More specifically, we aim to,


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A short pamphlet describing two digital intellectual property treaties adopted by over 100 member countries around the world. These treaties were an important step towards international protection for copyrighted works online.
A short pamphlet describing two digital intellectual property treaties adopted by over 100 member countries around the world. These treaties were an important step towards international protection for copyrighted works online.
'''Overview of Current Efforts'''
== CC Podcasting Guide ==
http://wiki.creativecommons.org/Podcasting_Legal_Guide
=== Target Audience ===
Podcast creators/users (complexity suggests an adult target audience)
=== Normative Values ===
Creative Commons provides a “more flexible, open” alternative to traditional copyright protection.  The organization supports the right of authors to protect and manage uses of their works, but aims to give them the ability to tailor the exercise of their rights. Freedom of expression, as well as fair use, underscores their approach.
=== Materials ===
The guide is presented in Wiki format, and includes external links to pages/sources referenced. The contents are subdivided into four main sections.
=== Overview ===
'''Section 1: Legal Issues in Creating Your Own Podcast'''
The section discusses why copyright, publicity rights and trademark concerns are relevant to podcasting.  In general, incorporating material created by someone else requires permission for use.  However, the guide notes, there are five instances where permission is not required: (i) the material does not qualify for copyright (e.g. ideas, facts, titles, slogans), (ii) the material is in the public domain, (iii) U.S. government material is at issue, (iv) a fair use exception applies, and (v) the material is licensed under Creative Commons.  Each situation is explained in detail, with the exception of fair use, which is addressed later in the guide.  While in most cases one can use self-created work without obtaining rights clearances, permission will be needed when the material is the result of a “work for hire” agreement, a product of joint authorship, or that for which one’s rights have been transferred.  The guide then describes the rights implicated by the incorporation of written material, pre-existing voice recordings, video material and interviews.  A lengthier section outlines the permissions involved, licenses needed and fair use exceptions that may apply to the incorporation of music.
Concerning fair use, the guide defines and describes the framework for assessing whether a use has been “fair,” and stresses that disclaimers and acknowledgements are insufficient to absolve a podcaster of liability for infringement.  The guide then discusses three use scenarios a podcaster might encounter and whether the action described constitutes fair use.  Publicity rights and trademark concerns are then briefly discussed.  Finally, the section directs users to Creative Commons as a “pod safe” source for finding content.
'''Section 2: Legal Issues Surrounding How to Distribute Your Podcast'''
The two types of licenses, Implied and Expressed, are both discussed in depth.  An implied license gives others the right to use your podcast, but only to the extent that you would have permitted had an actual agreement been negotiated. Due to the lack of definite terms surrounding implied licenses, the guide recommends podcasters opt for express licensing.  A lawyer can draft language reflecting your use preferences, a Creative Commons license can be applied, or the “All Rights Reserved” model can be utilized.  The guide explains how to incorporate each of these options.  Finally, those using a service to distribute their podcasts are advised to make themselves aware of the service’s terms of use before entering into any business agreement.
'''Section 3: Basic Background to Podcasting'''
This “very, very brief” background to podcasting answers three basic questions: What is podcasting? How does it work? What is RSS and how does it work with podcasts?
'''Section 4: Background & Further Resources'''
Links to Wikipedia entries defining podcasting and RSS, “How To” podcasting guides, podcast search engines, open-source podcasting programs, podcatching programs, tips for finding podsafe content, works in the public domain, and other sites offering relevant legal content are provided.  A list of books and other resources is also included, along with a list of organizations and projects addressing copyright and free expression.
=== Strongest Aspect ===
Considering the complexity of copyright law, the guide delivers a surprisingly concise, yet detailed, outline of the issues affecting podcasters.  Ample space is given to copyright protections as well as fair use principles.
=== Weakest Aspect ===
While offering a few hypothetical situations, additional real-world support might provide better examples for podcast creators and subscribers.  Especially when dealing with issues as nuanced as those surrounding copyright, including comments from veteran podcasters about their practices, and generally accepted practices within the industry, would help make the information presented more concrete.
=== Suggested Improvements ===
The guide is obviously written for an adult, podcast-savvy audience.  It is doubtful that someone would get through ¾ of the guide to where the “Background Information” is located without knowing what podcasts are.  The background section should be moved to the top or left out all together.
Due to the minimal variation between heading formats, the sections do not appear as clearly defined as they are in the Contents box.  It would be helpful to number each section as they are numbered in the outline.
=== Aspects to Consider Using ===
Completing a companion piece written in more teen-friendly language would be useful considering that a significant number of teens are involved in podcasting.
While adult users may indeed prefer straightforward, textual information, implementing more interactive components might be worth considering, especially if hoping to engage younger podcasters.
A discussion board or blog detailing recent articles/cases relevant to podcasting would afford readers the most updated information while allowing them to discuss hot topic issues pertaining to copyright.
== Close Up Foundation – Face the Music Program ==
http://www.closeup.org/ftm_homehtm.php
=== Target audience ===
High School
=== Normative Values ===
The Close Up Foundation is a non-partisan, non-profit provider of “civic education.” Their mission is to “educate, inspire, and empower individuals to become active citizens in our democracy.” They do this through a civics-oriented student field trip program to Washington D.C., as well as through supplemental social studies texts and videos for the classroom. They are backed by a long list of sponsors including large corporations (Wal-Mart, Microsoft, Exxon) and smaller foundations. They are one of the educational sources linked to by the RIAA, though they don’t appear to be in partnership in any way.
=== Overview ===
The Close Up Foundation’s Face the Music program includes an eight minute video on illegal downloading, a “viewing guide” worksheet for kids to fill out as they watch, five suggested teaching activities, and eight “issue briefings” on specific subjects which can be incorporated into the activities.
The website gives the following description of the video: “Hear what Erin, Matt, Avni, Nishant, and Maggie have to say about illegal downloading and watch as they wrestle with the legal and ethical questions inherent in the issue…Also find out what American University student Brenda thinks of illegal downloading and what music store owner Fred Wilbur says is happening to his business as a result of illegal downloading. And listen in as an up-and-coming rock musician, one who is using the Internet to attract attention to his band, weighs in with his thoughts about following the law and making music and money.”
'''Viewing guide'''
A set of questions about the movie. Some are aimed at just making sure students are paying attention (“List three reasons people in the video give for illegally downloading music”) while others encourage reflection (“Several people in the video compare the act of illegal downloading with that of shoplifting. What is your take on this comparison?”)
'''Issue briefings'''
Each of the eight briefings goes into some detail on a specific issue related to music downloading. They range from general concepts like fair use and public domain, to legislation like the Sonny Bonno Copyright Term Extension Act, to landmark legal decisions like Sony v. Universal and Grokster. Each briefing is followed by discussion questions.
'''Teaching Activities'''
Methods for facilitating discussion on music downloading. Includes anticipatory activities intended to get students brainstorming about what they already know about music, as well as activities based on the issue briefings, where students come together to teach other what they’ve learned. Helpful discussion questions are included.
=== Strongest Part ===
Many of the issue briefings and discussion questions are very well constructed, giving students the opportunity to delve into some of the details and controversies behind ©. One of the accompanying teaching activities also seems useful: The curriculum suggests that teachers divide the class into groups, with each group in charge of reading, discussing, and mastering one issue briefing. The teacher should then mix the students up into new groups, with each group containing at least one “expert” on each issue. These experts then teach their new group members the issue they have mastered.
=== Weakest Part ===
Though I haven’t seen the video, it seems clear based on the description and viewing questions that it adds little to the discussion. While the issue briefings nicely summarize important arguments, and raise controversial issues, the video’s only aim seems to be to convince kids that illegal downloading is bad. This may be a valid point, but it doesn’t do much to enhance student’s understanding of the issue, which at the high school level should really be the goal.
=== Aspects to Consider Using ===
The curriculum does an excellent job of highlighting the inherent tensions in copyright law between creators and consumers of content. This is drawn out in discussion questions like “When do you think a copyrighted work should move into the public domain? Keep in mind the interests of those who work to create and author original works, and the interests of the public in having unrestricted access to those works.” This tension is central to any meaningful discussion of ©, and is glaringly absent from many other curricula.
Many of the discussion questions ask students to consider what kind of rules they would impose to best meet the goals of copyright. This is an excellent way to encourage reflection on the current copyright regime. For example, one question asks, “If you could write copyright law, how would you protect the rights of authors and creators as well as the interests of businesses and consumers?” Another asks, “how do you think the nation should respond to constantly changing technological capabilities? Are there any ethical or legal guidelines that you believe must be followed as new policies are made, implemented, and evaluated? If so, what are they?”
The curriculum contains a discussion of copyright law in the context of the U.S. Constitution, something lacking in many of the other curricula currently available. Following this discussion, it asks the question, “Why was promoting ‘the Progress of Science and useful Arts’ important to the framers of the nation’s government?” It also asks, “Should Congress be allowed to extend copyright terms? Do you think it is good public policy? Do you think it is constitutional? Why or why not?”
== Entertainment Software Association ==
http://www.jointhecteam.com/
=== Target audience ===
K-5
=== Normative Values ===
The Entertainment Software Association (ESA) is a trade association representing nearly all of the major publishers in the American computer and video game industry. Their curriculum, titled “Join the © Team” promotes respect for copyright protection. It is presumably part of their larger effort to combat software piracy, though the curriculum gives equal weight to discussions of copyright in music, visual art and text.
=== Overview ===
Three separate curricula are offered for K-1, 2-3, and 4-5 grade students, though there is a great deal of overlap between them. The curricula consist of a six-page “Educator’s Guide to Intellectual Property” along with descriptions of three to four classroom activities with accompanying printable worksheets. A wall poster is also included. The curricula recommends about 10 class periods for completion spread over three to four weeks.
'''Educator’s Guide'''
A six-page summary of IP law for teachers to familiarize themselves with before presenting to students. Discusses plagiarism, copyrightable vs. noncopyrightable works, exclusive rights of © owner, public domain, internet piracy, and fair use (focusing on the educational context).
'''Scavenger Hunt Activity'''
Students are introduced to © by looking through an illustrated book for the author and illustrator, and then for the © symbol. Teachers explain that © stops people from copying the book, and lets the people who created the book sell it. Students then get a worksheet with pictures of other things found in the classroom (videos, board games, computer games) and are told to seek them out and see if they can find a © symbol on them. For homework, they are told to find things in their house with the © symbol.
'''Copy Right Activity'''
For grades 2-5, a worksheet depicting four copying situations. Students are asked what the character in each situation should do to “copy right.” Situations include quoting a sentence for a book report, using information from a CD-Rom encyclopedia, using info found online and sharing a disc with copyrighted content on it. The focus is on citing sources, giving credit.
'''Creative Activity'''
Students are given an assignment to create a copyrightable work. The K-1 curriculum suggests greeting cards or posters. The 2-3 and 4-5 curricula suggest illustrated books. Templates and detailed instructions (not particularly relevant to ©) are provided for both. After completion of their works, students are given a © sticker to affix to their work where they fill in the publication date. This is meant to segue into a discussion about what the © protects, why a © owner deserves control over their work, and the extent to which the students value the intellectual property that they’ve just created.
'''Computer Research Activity'''
This activity is adaptable depending on the age group, but the main idea is to teach kids how to evaluate information found online, how and when to credit sources, and to recognize the difference between copying info for school purposes and copying for other purposes. These skills are incorporated into an “internet show and tell” for younger kids, or a complete PowerPoint presentation on a given topic for older kids. Special worksheets and templates for presentation planning are provided. Kids are instructed to:
-Check the “last updated” tag on websites to determine that it’s up to date.
-Check the “about us” section to determine reliability.
-Check the URL, valuing .gov, .edu, and .org sites as most reliable sources.
-Check the “terms of use” for permission to copy for non-educational uses.
-Properly cite the website author and URL.
=== Strongest Part ===
The Copyright scavenger hunt provides an excellent way to introduce young kids to copyright, giving them the opportunity to be active, as well as showing them © as it exists in the world, as opposed to as an abstract concept.
=== Weakest Part ===
Given the limited range of situations that the Copy Right worksheet addresses, it does little to broaden student’s understanding of ©. Of the only four situations presented, three are specifically about plagiarism. As a jumping off point for a more extensive discussion of ©, the worksheet may be useful, but it may end up restricting the conversation because of its narrow subject matter.
=== Suggested Improvements ===
Devote more discussion to copyright outside of the classroom context. Considering that this curriculum is backed by the ESA, it surprisingly spends most of its time discussing plagiarism and proper citation, with little discussion of file sharing, software piracy or non-academic contexts in which kids might be creative but potentially infringe on copyrights (personal web pages for example).
Discussion of fair use is limited to the notion that copying for school is ok, assuming you give credit. Perhaps this is as in-depth as young kids can handle, but the curricula could do without the completely false statement: “No one is allowed to copy copyrighted material outside the classroom for any reason without permission.”
=== Aspects to Consider Using ===
Student-made computer presentations allow teachers to easily combine copyright education with other subjects. This is because presentations can be assigned on anything from social studies to science, and still maintain their underlying messages about plagiarism and copyright.
Worksheets like the scavenger hunt provide a good way to engage kids, as well as a concrete starting point for discussion. Alternately, they provide a good way to reinforce concepts learned in a prior lesson.
The inclusion of an Educator’s Guide along with each curriculum is a useful way for teachers to familiarize themselves with a subject in which they likely have no expertise. As a bonus, it contains info regarding the use of copyrighted material for teaching.
Giving students the opportunity to create something on which they can affix a © sticker drives home the point that literally all creative works are protected, and that kids can be both creators and consumers of protected content. It also lets kids reflect on what it means to create something original, and what rights they feel they should have over their content.
== Library of Congress ==
http://www.loc.gov/teachers/copyrightmystery/#/steps/
=== Target audience ===
Preteens through middle school
=== Normative Values ===
The Library of Congress (LOC) houses the U.S. Copyright Office. The curriculum aims to teach kids the value of copyright law as a tool for empowering content creators. To a lesser extent, the curriculum discusses copyright law as a barrier restricting content consumers.
=== Overview ===
The curriculum comes in the form of an interactive flash animation titled “Taking the Mystery Out of Copyright.” It is divided into four sections.
'''Copyright Exposed'''
A brief music video about copyright. Teaches that copyright “protects your creation” so that “you get all the credit.” Mentions music, writing and paintings as subject to protection.
'''Files on Record'''
A timeline tracing the development of copyright law, starting with the invention of the printing press and ending with the TEACH Act of 2002. Also included are the Statute of Anne, The International Copyright Act and the Digital Millennium Act. Each entry, about one paragraph long, contains a small picture related to the subject, as well as a link to a PDF of relevant legislation.
'''Reading the Fine Print'''
Six FAQ appear as thought bubbles. Clicking on one reveals the answer, each between 50 and 100 words. Explains the difference between ideas and expression (only the latter is protected), the status of text and pictures found online, additional benefits of copyright registration, and a brief treatment of fair use with a link to the Copyright Office website for a more complete description.
'''Steps to Copyright'''
Outlines the process for registering your work with the Copyright Office. The main steps are (1) create, (2) complete an application and attach appropriate fee, (3) send the package to the Copyright Office. A link to the application as well the address of the Copyright Office are provided.
=== Strongest Part ===
The Copyright timeline provides valuable background regarding the development of the law, showing a clear trend toward the expansion of protections for content creators. It also shows how the law has changed with the advent of new technology like recorded music and motion pictures. The links to PDFs of relevant legislation make this portion a rich source of information.
=== Weakest Part ===
The “Copyright Exposed” music video adds very little, if anything, to the curriculum. It contains almost no info beyond a basic definition of what copyright is, and the cheesy lyrics and music would likely feel patronizing even to preteens. While it may be appealing to younger kids, it does not sync up in tone with the rest of the curriculum.
=== Suggested Improvements ===
Add some nuance: Though the curriculum is aimed at a young audience, some discussion regarding the rationale behind copyright law would be appropriate. Kids should at least be introduced to the debate surrounding copyright, and the basic tensions between protection and proliferation of created works.
Address P2P file sharing and piracy directly: File sharing seems by far the most likely way that kids will violate copyright and at least warrants its own FAQ, if not an entire portion of the website.
Expand the discussion of fair use: Dismissing the complexities of the issue with a link to the Copyright Office website implies that fair use is something weird for adults to worry about.
Concrete examples of fair use that are relevant to kids would be useful (i.e. creating mash-ups, or pasting excerpts from other sources on blogs).
=== Aspects to Consider Using ===
Copyright timeline: An easy and clear way to show the gradual expansion of copyright law. Consider adding free culture milestones like the development of Creative Commons licensing.
Interactive Flash Animation: Presentation is more engaging than static text, and user-led navigation allows kids to explore the issues that interest them.
FAQ: May be a good way to raise problems on the margins of copyright law, and to provide specific examples of what is and isn’t allowed. The Library of Congress’ FAQ is well-executed but likely too brief with only six questions.
Addressing kids as content creators: The info on the site addresses its readers as creators, rather than consumers, of media. (i.e. The FAQ asks “Does copyright protect my ideas?” and “Can anyone ever use my work without my permission?”)Thus copyright is introduced as a way to protect your work, rather than as a constraint on the way you use the work of others. The effect is that copyright comes across as an empowerment rather than a restriction.
The “Steps to Copyright” portion may be worth considering. However, uncertain that young kids would ever consider registering their copyrights. May also confuse idea that copyright attaches as soon as the work is created.
==WIPO Copyright Curriculum==
===Location===
[wipo.int/freepublications/en/copyright/935/wipo_pub_935.pdf wipo.int/freepublications/en/copyright/935/wipo_pub_935.pdf]
===Target Audience===
8 to 13 year olds
===Normative Values===
The World Intellectual Property Organization is an agency of the United Nations dedicated to developing a balanced international IP system.  The group promotes the use of IP as a catalyst for economic development, and encourages law makers to recognize IP concerns when developing national programs.  WIPO endeavors to increase public understanding of IP, and regularly hosts gatherings to facilitate discussion among industry professionals and policy makers.
===Information Presented===
The WIPO workbook, ''Learn for the Future, Create from the Past: The Arts and Copyright, for elementary and middle school-aged children," addresses four general topics relevant to copyright education.  Student activities, profiles of real-life young artists, and “Beware!” boxes detailing often-overlooked regulations punctuate the workbook.
The Arts:  The workbook begins by defining the types of "works" that society considers as art.  Creative expression can be conveyed through various forms of media, and benefits society in diverse ways. The ease with which young people can harness creativity is emphasized throughout the materials, and students are encouraged to put their imaginations to work in art-creating activities.  Portraits of young artists from around the world also punctuate the pages, providing real life glimpses into the creative process. The materials note that, while technology has made the works of skilled artists available to more people and enabled artists to make a living from selling reproductions, it has also created the need for creators to maintain control over copying.  Copyright serves to protect artists' ability to profit from their works and retain control over their creations.
Copyright: Copyright is defined within the larger scope of Intellectual Property as protecting original works of various forms, from written compositions to computer programs.  The materials note, in all capital letters, however, that copyright does NOT protect ideas or facts, but rather the way in which those ideas are expressed.  The materials demonstrate, and ask students to consider further, the many ways in which a single idea can be embodied. Ownership of copyright, and the rights that ownership conveys, are discussed.  "Beware!" boxes alert students to important misconceptions and limitations on copyright, such as the "First sale doctrine," and the fact that owning a copy of a work does not make one the owner of its content for copyright purposes.  Copyright terms and variations between countries are addressed, as are the organizations and collecting societies that aid copyright owners in enforcing their rights.  The activities prompt students to create their own copyrightable works and test them on their understanding of whose permission must be obtained to clear certain rights.
Public Domain and Copyright Limitations: Discussing the public domain as well as exceptions for free and personal uses, the materials recognize the necessity of balancing mechanisms in copyright law.  The workbook defines the public domain, and explains both how works enter and how to locate public domain works.  “Beware!” boxes note that copyright attaches to derivative works, even if based on public domain materials, and that the availability of a work on the Internet does not automatically mean it is free to use.  A list of websites where students can locate free or public domain works is also included.
Copyright Infringement: The final section of materials deals with copyright infringement.  Forms of infringement, including plagarism and peer-to-peer sharing of copyrighted files, are defined.  Focusing on music piracy, the materials list several reasons why students should not engage in illegal uploading and downloading.  Activities ask students to identify if and how infringement has occurred.  The concept of Digital Rights Management is also introduced.
===Strongest Part===
The materials strive to connect the topics being discussed with young creators and consumers.  By describing the contributions of numerous young artists, the workbook helps instill students with an appreciation for creative content.
===Weakest Part===
Children change dramatically between the ages of 8 and 13.  Some of the concepts may be too complex for 8 year olds to grasp, while the appearance of the materials and activities provided may be too elementary for middle school students.  Even if the content is not changed dramatically, multiple versions targeting more distinct age groups would be advisable.
===Suggested Improvements===
Fair use needs to be addressed.  While the materials, on the whole, are fairly balanced in their approach, the fair use doctrine is completely overlooked.
More specific materials addressing new forms of online creation that students may be taking part in, such as online video content, should be included.
===Aspects to Consider Using===
Considering the availability of the Internet – and the high-profile of Internet-related copyright concerns – the materials should both better inform students of the risks and opportunities posed by digital media, and incorporate activities that introduce them to copyright concerns online.  While providing lists of websites is helpful, an online tutorial or game implementing the ideas taught may prove more engaging.
At various points, the workbook prompts students to create their own artistic work.  Perhaps a website could be established where students could upload and/or register their creations, and view the creations of other students who have completed the program.  Seeing the unique ways in which other students express similar ideas may aid them in better understanding and appreciating the premium placed on creative expression.
Materials could be tailored to more distinct age ranges (i.e. one workbook for elementary school and one for middle school), employing age-appropriate graphics and examples.
==Center for Social Media Fair Use Materials==
===Location===
[http://www.centerforsocialmedia.org/resources/fair_use/ http://www.centerforsocialmedia.org/resources/fair_use/]
===Target Audience===
Documentary filmmakers
===Normative Values===
The Center for Social Media promotes creative use of media, specifically documentaries, as a means of disseminating knowledge and encouraging public action.  Concerned with the media environment in which innovators operate, the Center embraces fair use rights, and it strives to provide a fair use framework within which filmmakers can operate.  Fair use and other limitations on copyright are touted as being just as necessary to preserving cultural integrity as the protections placed on creative works.
===Information Presented===
Focusing on documentary film making, the Center for Social Media provides a wealth of materials discussing fair use in film and online video contexts.
A. Publications
1. Recut, Reframe, Recycle:  The report focuses on nine types of re-appropriation commonly used in the creation of online video content.  Research reveals that in many situations, such appropriation constitutes fair use.  Thus, concerns arise that efforts to crack down on piracy will inevitably stifle the creation of legal content as well.  The genres of videos considered were parody and satire, works quoting material to generate discussion, incidental use, illustrations or examples, personal reporting, archiving of vulnerable materials, as well as both critical and positive commentary.  After noting general trends in online video creation, the report addresses each of the use types in relation to the fair use doctrine.  While many of the uses can be assessed – and pass muster – using traditional fair use analysis, the report notes that “mashups” and other types of genre-bending videos raise new questions at the boundaries of fair use doctrine.  The report clearly views fair use as a right that deserves utmost protection, while recognizing the interest of creators to safeguard their works from piracy.
2. Fair Use Frequently Asked Questions:  The FAQ page addresses concerns regarding industry adoption of the Best Practices statement, the need to attribute copyrighted material, the portion of a work that may be borrowed, the relevance to fair use of an organization's commercial status, whether fair use is distinct from “stealing,” and the scope of the doctrine.
3. Unauthorized: The Copyright Conundrum in Participatory Video:  Summarizing the findings of an April 2007 conference on the management of copyright in emerging Internet environments, the report asserts that overly rigid measures restricting use of copyrighted materials on open video spaces are detrimental to both commerce and society.  Research evidences that most new online creators appropriate material in good faith, though they admit confusion as to the application of copyright in the open video context.  Most online video providers fail to inform users of either copyright restrictions or fair use exceptions.  The report recommends that educational institutions, including universities and libraries, bear the burden of supporting responsible online behavior and educating Internet users about copyright.  Having an understanding of balancing mechanisms such as fair use and Section 512 of the DMCA, the report concludes, is essential for any online video creator.
4. The Good, the Bad and the Confusing: User-Generated Video Creators on Copyright:  Documenting the results of a survey of college-age online video creators, the report reflects the significance of informing first-time content creators of what they can -- and cannot -- legally appropriate in their works, before use habits are established.  Fifty-one survey participants and 15 interviewees, discussed (though not without hesitation) their practices of incorporating content during online video creation.  Their responses revealed a general misunderstanding of both copyright and fair use principles.  Although over 3/4 of those questioned expressed familiarity with the fair use doctrine, none could accurately define what it covers.  The respondents expressed concern over "grey areas" of copyright law, which they attempted to ameliorate by personally defining "good" and "bad" practices (e.g. noncommercial and commercial, personal and public).  The report concludes that among the selected group of college educated, cutting edge creators, all of whom hoped to have a career in media and remain legally in the right, copyright is a misunderstood doctrine.  The researchers assert that better informed creators will more effectively facilitate the development of new practice models as copyright and fair use are translated to innovative forms of media.
5. Documentary Filmmakers Statement of Best Practices:  In 2005, the CSM devised a best practices statement to counsel documentary filmmakers on the inclusion of copyrighted material in their films.  The statement outlines four use scenarios, and explains both the permissions and limitations on use attending the copyrighted works in each.  The document promotes fair use as “a key part of the social bargain at the heart of copyright law,” essential to spurring new creation.  The authors note the acceptance of quoting and borrowing from sources in other fields, such as among scholars and historians, and outlines the questions asked by courts in evaluating whether a particular appropriation of copyrighted content constitutes fair use.  The statement addresses situations where (1) a filmmaker employs protected material as the object of critique, (2) quotes a popular copyrighted work to illustrate an argument or point, (3) captures copyrighted content in the process of filming something else, and (4) uses copyrighted material in a historical sequence.  Each scenario receives comprehensive analysis, yet the guide recognizes that the outlined issues are not exhaustive.  The scenarios, instead, are employed to offer an industry framework for how fair use questions should be approached in any situation that may arise.  The document closes by correcting some common misunderstandings concerning fair use.
6. Success of the Statement of Best Practices:The Center presents its Best Practices statement as a model for creators struggling with fair use questions in the digital age.  This list describes the widespread acceptance and implementation of the Best Practices guide, along with providing specific examples of projects that were seen to fruition only after creators were able to consult the guide and gain and understanding of what they could rightfully appropriate.
7. Expanding User Rights for Documentary Filmmakers: At a 2005 conference, film industry professionals explored the tension between their own interests in copyright protection, and the ability to make use of previously protected materials.  Pervasive issues, including lack of copyright knowledge and the difficulty of tracking down copyright holders, were identified.  Participants examined several approaches, and the on-going projects exemplifying each: investigation, documentation and articulation of both good and bad practices; directly providing legal services; and legal and market policy intervention both directly and indirectly relevant to filmmakers.  Going forward, conference participants proposed education, the formation of institutions, legal reforms, and errors and omissions insurance as key areas to pursue.  Key themes including problem-specific solutions, the value of studying the approaches of other creator, exploring complementary strategies, and stressing cooperation and communication amongst industry professionals were considered integral to navigating "grey areas" of fair use and copyright in the documentary context.
B. Classroom Materials
1. Copyright Backgrounder:  Los Angeles attorney Michael Donaldson outlines the protections and limitations of copyright law, focusing on terms relevant to documentary filmmakers.  He stresses that copyright “protect[s] the rights of those who wish to use the author’s material without permission,” as well as the rights of the author.  Donaldson notes the Constitutional origin of copyright, discusses the types of media and activities governed, explains how copyright ownership is assigned, and discusses the contexts in which copyrighted works can be used without obtaining prior permission.  The overview is peppered with criticism of existing policy and a belief in broad fair use allowances.
2. Fair Use Course Syllabus:  The syllabus recognizes that while permission generally must be obtained to use copyrighted material in a documentary, situations arise where the fair use doctrine makes obtaining such permission unnecessary.  Filmmakers are encouraged  to consult the Center’s Best Practices guide as a rubric for deciding whether a proposed use would fall within the excepted category.  Assessing whether the proposed use will be “transformative” remains the key question.  A list of additional documents addressing varied copyright and fair use questions is also provided.
3. Fair Use Scenarios:  The worksheet details four hypothetical situations a filmmaker could face, and poses questions concerning whether specific material can be incorporated under fair use principles.  The scenarios cover incorporating scenes from popular films into documentary essays, dealing with the appearance of copyrighted material in the background of one’s film, and using a previously unpublished crime scene photograph in a film documenting a 40-year old murder.
C. More Information
1. Fair Use and Best Practices: Surprising Success:  This article reiterates the Center's position that fair use remains the "most important feature" in ensuring copyright's constitutionality.  The Best Practices statement concerning fair use has garnered wide support within the film making and independent television communities, as well as being held up as a model within the legal community.  Release of the statement has encouraged production studios and industry attorneys to insure fair use claims in compliance with the Statement.  The article concludes with the observation that other creative communities have begun to look to the Statement as they attempt to craft similar policies.
2. Copyright, Fair Use and Motion Pictures:  An essay describing the history of copyright controversies within the film industry as a whole, as well as in relation to documentary film making.  The essay explains the fair use doctrine, and details cases that show fair use principles in action.  The courts' recognition of industry practices regarding fair use paved the way for issuance of the Statement of Best Practices.  The essay reemphasizes the immediate impact of the Statement on then-pending projects, and discusses its wider recognition and adoption.  In closing, an excerpt from the Best Practices guide is included.
3. How Documentary Filmmakers Overcame Their Fear of Quoting and Learned to Employ Fair Use:  Detailing the results of a Center research project, Untold Stories, this report asserts that fair use principles prove most effective when professionals have knowledge of and expressed expectations concerning fair use.  While the idea of fair use has been somewhat maligned in the past, courts have been recognizing applications of the doctrine more frequently.  Nevertheless, film making professionals, Center surveys revealed, remain ignorant of core aspects of the doctrine.  Misunderstanding has had a chilling effect on expression, the report argues.  While balancing mechanisms such as fair use exist and operate to preserve freedom of expression, filmmakers cannot assert rights that they do not fully understand.
4. How to Find Out What Is in the Public Domain:  A detailed chart linking the type of work and its date of creation to the copyright term it is under and the date upon which it will enter the public domain.
5. Fair Use: An Essential Feature of Copyright:  A transcript of Peter Jazi's 2005 testimony before the House Subcommittee on Commerce, Trade and Consumer Protection.  Jazi asserts that the success of the U.S. copyright regime stems not only from the comprehensive protection it grants, but that balancing mechanisms, such as fair use, that operate in favor of creators, educators, students and consumers.  While courts have continued to support and apply the fair use doctrine, Jazi notes that it remains under threat as long as creative communities hesitate to proactively define fair use practices. Jazi both defines and dispels misconceptions concerning the fair use doctrine.  He argues that the doctrine both spurs creativity and enables consumers to make full personal use of purchased products.  Yet, fair use is under attack, he asserts, by DRM and anti-circumvention measures, areas in which traditional fair use exceptions do not apply.
6. "Yes, you can!" - Where you don't even need 'fair use':  Common instances where the incorporation of copyrighted material falls within the scope of "free use" are discussed. Filmmakers generally need not concern themselves with clearance right when filming public buildings, government works, works in the public domain, people in public places, the incidental appearance of logos, or potential "rights of publicity." 
7. The "Statement of Best Practices" FAQ:  Providing a list of questions and answers concerning the purpose, motivation, contents and scope of the Center's Best Practices statement, the FAQ reiterates the need for and success of the Statement.  Common misunderstandings about copyright and prevalent concerns over relying on fair use are also addressed.
8. Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers:  The full report detailing the results of the Center's 2004 study on the habits of video content creators.  Interviewing 45 documentary filmmakers, researchers confirmed that rights clearance requirements and the threats posed by noncompliance pose creative and financial challenges to documentary filmmakers.  Describing the rights clearance process as costly and arduous, filmmakers struggle with the stiff rights clearance expectations gatekeepers tend to impose.  Furthermore, rights holders may flat out refuse to afford clearance to the filmmaker.  The changes and concessions filmmakers are forced to make, notes the report, adversely affect the quality and public availability of documentary films.  At the same time, filmmakers tend to support and impose the same rights clearance demands on others.  Rights clearance could be better managed, the researchers contend, through the increased utilization of fair use principles, the effective facilitation of the clearance process, and a more widespread understanding of the rights of filmmakers themselves.  The report further recommends that the industry focus on adopting a statement of "Best practices" and form legal resource centers to assist filmmakers struggling with clearance questions.
D. Videos
1. Remix Culture:  A short video providing examples of the different ways in which copyright material is reappropriated in the creation of online video content. The film illustrates the unauthorized use of copyrighted material in a soundtrack, remix, mashup, commentary, parody, bloopers, character appropriation and fan tribute montage.
2. Fair Use and Free Speech:  Chronicles the hype around the release of the Best Practices statement in 2005.  The video stresses the importance of being able to access copyrighted material to cultural development.  Fair use acts as a safeguard against misuse of copyright. Both professors and filmmakers comment on prevalent attitudes within the filmmaking industry toward fair use, and how the Statement provides needed guidance in the area.  The film then walks through the four scenarios set out in the Statement.
3. Stories Untold: Summarizes the results of the Center's 2004 study on filmmakers' relationship with copyright and fair use.  The film features creators discussing challenges they have encountered in relation rights clearance, and reflects their concerns over the future of the fair use doctrine.
Refrigerator Mothers: Using Kartemquin Films' Refrigerator Mothers as its example, these two sets of clips demonstrate where the filmmaker elected to claim fair use rights in the reappropriation of material, and instances in which the filmmaker chose to purchase the rights.
4. Fair Use and Documentaries in Court:  Nine different videos detail  the nine court cases since 1996 that have dealt with the concept of fair use in film making.  Filmmakers that have embraced principles similar to those defined in the 2005 Statement have won when challenged by rights holders in court.  The unfounded fear of prosecution prevalent among filmmakers is further diminished by the revelation that only five plaintiffs were involved, as two of the plaintiffs brought two suits each.
5. UFVA and Center for Social Media Fair Use Contest Winners:  Recognizes those films that best exemplified good faith efforts to employ fair use principles and extend the concept beyond the situations described in the Statement of Best Practices. 
6. Examples of Successful Fair Use in Documentary Film: Four different clips demonstrating successful reappropriation of material under the fair use context provide viewers with concrete examples of the doctrine in operation.  Each video represents a different type of appropriation, from critical commentary to the use of archival material in a historical sequence.
7. Footage from the Fair Use and Free Speech Launch:  Scenes from the event commemorating the release of the Statement of Best Practices on Nov. 18, 2005.
===Strongest Part===
The materials do a good job of tying the discussion of fair use principles into real world examples of fair use practices being successfully implemented.  Using online video to underscore the topics discussed concerning video creation further connects the ideas being outlined to concrete works.  The incorporation of clips featuring recognizable material encourages viewer engagement in the topics being addressed.
===Weakest Part===
The materials spend alot of time promoting the protection of fair use rights, but provide minimal information on copyright protection.  Other than the copyright backgrounder, the documents seem to take for granted that readers have a basically knowledge of what rights a copyright holder does have in restricting use of his works. 
===Suggested Improvements===
The Center needs to more fully address the basic protections provided by copyright law, alongside the discussion of fair use exceptions.  Since teens actively participate in online video creation, it would be helpful to provide documents targeted toward younger readers, in an effort to engage them in responsible practices before they develop a disregard for copyright.  While the Center's own studies recognize the contributions of young, first-time creators, the materials largely focus on practices espoused by industry veterans.  One presumes that they are more likely to be adapting an existing understanding of copyright to new media, rather than plunging into video creation with little knowledge of copyright at all.
===Aspects to Consider Using===
The Center might consider having industry professionals maintain a blog detailing their struggles and success with copyright-related issues.  This would allow other filmmakers to see fair use principles in action, while detailing the process of obtaining rights clearance when it arises.
Another alternative would be to conduct interviews with documentary filmmakers who have adhered to the best practices guide, and have them discuss those instances in which it has helped, as well as areas where guidance is still lacking.
Material targeting young filmmakers, such as a kid-friendly video or interactive tutorial, would be helpful in preparing the next generation of media professionals to enter the industry better informed regarding copyright/fair use practices than their predecessors.
==RIAA Copyright Education Materials==
===Location===
http://www.riaa.com/toolsforparents.php?content_selector=tools_
===Target Audience===
Grade 3 through college (Different programs target different age groups)
===Normative Values===
he RIAA is the trade group representing the recording industry in the U.S.  Member record companies generate more than 90% of legitimately distributed recordings.  The RIAA aims to sustain a business and legal landscape that enhances the creative and financial viability of its members.  In pursuit of such objectives, it takes a strong stance against piracy, utilizing a “multi-faceted approach” to combat its effect on the industry.  The group has initiated numerous lawsuits against file-sharing service providers and individual users, alike, in its efforts to curb unauthorized downloading.  Through a combination of education, innovation and, as noted above, enforcement, the RIAA seeks to ensure the continued viability of the recording industry in a digital world.
===Information Presented===
Multiple programs comprise the RIAA’s educational initiative.  Each emphasizes informing young Internet users of existing copyright laws and equipping them to act responsibly on that knowledge.
1. Music Rules! (www.music-rules.com):  The Music Rules! website offers free PDF materials for both educators and parents.  Teachers may also fill out a form requesting hard copies of the resources provided.  Each of the four lessons contains is subdivided into material appropriate for students in grades 3 through 5, and activities adapted for use at the middle school level.  In general, both levels provide the same information.  The middle school materials tend to expound upon the ideas presented through more in-depth activities.
Teachers Guide:  The Teacher’s Guide introduces the program, explains how to access the online materials, introduces key terms used in the materials, and provides instructions for each of the four lessons.  A list of additional online resources is also provided.
Classroom Materials: Both the elementary and middle school level materials are divided into four activities: Music Rules!, Meet the Music Makers, It’s the Law, and Make Your Own Music.  A separate worksheet combining information with activities to complete accompanies each lesson.  The topics covered at the elementary and middle school levels are identical.  However, middle school students are given slightly more involved assignments, and are encouraged to use technology in the course of the program. The same graphics and examples appear on both sets of worksheets.
Classroom Poster: Proclaiming “True Music Fans Play by the Rules!” the full color poster, downloadable from the website, stresses key points covered in the lessons.
Parent Brochure: The curriculum includes a brochure for students to take home to their parents, describing the Music Rules! program.  The pamphlet provides the family with an Internet Safety Checklist as well as answers to common questions concerning copyright.  Although the materials do address general Internet safety, music piracy remains the focus of the prescribed rules.  The Questions About Copyright section of the materials gives a basic outline of what one can and cannot legally do with digital music.
2. Assemblies and Online Curriculum (Grades 3-12): 
I-Safe’s Beat Street assemblies: These programs introduce third and fourth graders to basic copyright concepts and vocabulary.  Videos and interactive skits are used to engage students in how one’s responsibilities as a citizen of the physical world translate into the online community.  The assemblies contain 30-45 minutes of material.
Music Rules: Learn Before U Burn Experience:  The presentation targets fifth through twelfth graders.  Students are instructed how to make responsible choices regarding the use of digital media.  The program includes both recorded and interactive components, and is 60 minutes in duration.  Students and parents are directed to www.isafe.org, which offers additional educational materials for order.
3. Face the Music: Copyright, Art and the Digital Age (High School):  Face the Music, A program developed by The Close Up Foundation, strives to initiate classroom conversation on intellectual property issues.  Students take a Constitution-based approach to understanding the copyright framework, and how existing law applies in the digital world.  Employing readings, videos and additional materials, the program is touted as an “appealing introduction” to the intersection of music, the Internet, and copyright.  Educators are directed to www.closeup.org where they can register their school in order to access online materials.
4. Video for University Students (College):  The RIAA, in connection with EDUCAUSE and the American Council on Education, has developed an 8-minture video on the potential consequences of illegal file sharing.  The short film features a University of North Carolina student who was penalized with six months home confinement after being prosecuted for music piracy.  The video may be downloaded for free at www.campusdownloading.com.
===Strongest Part===
The various activities connect ideas of copyright protection to real world examples and explanations.  Younger students are introduced to the multiple players that work to release and benefit from the legitimate sales of successful albums.  This puts a concrete, human face on what would otherwise be intangible topics to elementary and middle school-aged kids.  Encouraging them to create their own creative work – and ensuring them of its protected status – also aids them in understanding why a creator might want to protect the art he produces.
===Weakest Part===
The RIAA materials dwell on the illegality and potential ramifications of unauthorized file sharing.  To the educated reader, the materials sound too propaganda-like to be taken seriously, a factor that may deter older students from giving them due consideration. At the middle and high school levels where the materials do not appear to be adequately complex, the lessons may come across as patronizing.
===Suggested Improvements===
A more complete picture of the copyright regime needs to be presented.  Older students likely will recognize the materials’ one-sided view, and remain skeptical of its assertions.  Discussing concepts such as fair use that push back against the rules espoused would be a better means of encouraging respect for those protections that do exist.  Older students will be more willing to consider a view that effectively addresses alternative arguments.
While perhaps appropriate at the elementary level, the Music Rules! materials need to be more complex at the middle school level.  Eighth graders are not going to take curriculum that asks them to create an imaginary class record company for recording and distributing anti-piracy songs very seriously.  Middles school students should be provided with additional “real world” examples, as this is the age at which most kids will begin to download material on their own.
Students rarely pay attention to either videos or school assemblies, as both are viewed as “free time” away from classroom instruction.  Using more interactive rather than passive instruction methods would better command attention.
===Aspects to Consider Using===
Technology could be better implemented into the curriculum.  The middle school Music Rules! materials do have students make a “computer presentation” of what they have learned and encourage additional online research, but it seems that Internet resources could be more directly utilized.  After all, this is a program educating kids on digital music.  Perhaps an online interactive tutorial could be implemented to introduce students to the types of sites and file-sharing programs that violate copyright laws while alerting them to legal ways to access music through the Internet.
While including testimony from a college student who was prosecuted for file sharing may be influential, having musicians and industry professionals speak on the state of digital music would also be beneficial.  Many will view legal prosecution with a “that won’t happen to me” attitude.  Hearing the reasoning of the creators themselves would better encourage respect for copyrighted works.
Scenarios depicting use that is permitted could be added to the Music Rules! worksheets so that students have a better sense of what they can do with digital music, rather than just specific instances where copying and sharing violate the law.
==Quickstart Music (UK)==
===Location===
home page is http://www.young-enterprise.org.uk/qsmusic/home.htm
http://www.young-enterprise.org.uk/qsmusic/roles.htm
===Target Audience===
13 to 15 year old students in the UK
===Overview===
Developed by Young Enterprise, Quickstart Music immerses students in the business of running a record company.  Embracing a “learning by doing” philosophy, the program introduces students to the realities of the music business by affording them the chance to assume various industry roles.  A brand new initiative, Quickstart Music provides students with a 10 week course covering a variety of themes.  From a segment explaining the fundamentals of copyright, the “currency of creativity, to a clip explaining how to approach signing talent, short videos on the website introduce the diverse topics covered in the course.  In the videos, industry professionals give their first hand take on issues those in the music business regularly encounter.  Similarly, another set of videos introduces various roles within the music industry, from promoting concerts to handling A&R (artists and repertoire).  A shorter series of five videos gives an overview of working in the industry, from tips on how to get started, to the skills necessary for success.
Backed by industry groups including Sony BMG and British Music Rights, the program provides a unique approach to engaging students in the value – both artistic and commercial – of creativity.  Inarguably, the program conveys what it means to be a creator, and to aid in bringing a creative idea to fruition as a packaged product.  While the Quickstart Music program is not centered around copyright in particular, its approach to teaching provides importable techniques.  The program’s immersion approach, in particular, is worth considering as a means of exposing students to the role of the creator/artist within the Digital Natives education program. 
===Lessons to Translate===
Engaging students in the actual process of running a record label engenders understanding in a way that reading or completing worksheets about a subject could never do.  Simultaneously, students are more likely to retain interest in a program that calls upon them to actively plan and create. 
The inclusion of testimony from industry experts gives the ideas presented “real world” grounding.  For example, students are able to see why industry professionals value copyright, rather than merely learning the rules in the abstract.
With each weekly seminar focused on a different aspect of the industry, students are given a new skill to take back to their “companies” after each class meeting.  This approach keeps students engaged in the synthesis and application process throughout the program, while providing them guidance in the form of new ideas as they progress.
===Remaining Questions===
Considering the newness of the website, it will be interesting to see if it comes to play a more central role in the program.  Allowing both program participants and others interested in learning more about the program, to hear music created during the course or watch video of in class activities would add further depth to Quickstart Music’s web presence.  Providing example lesson plans, or a more detailed outline of the topics covered each week would also be helpful.  As is, however, the website succeeds at promoting what looks to be an enjoyable, engaging program for students interested in the arts.
Just to clarify and add some relevant details:
1. The QSM programme is not just about record labels, the students set up music enterprises covering a range of different areas - labels, publishers, music management, and events. The website is designed as a taster, and a supportive mentoring/advisory resource re. videos from people across the industry, and is free to access by all young people, educators, etc. interested in music enterprise and related issues, not just those doing QSM. The programme is currently piloting in some UK schools with the website recently launched, and the national launch of QSM is envisaged by the end of 2008.
2. The Quickstart concept was designed by Young Enterprise to help deliver a curriculum requirement in the UK of work-related learning/enterprise, so it is not just for students interested in the arts. It is a resource that is bought by the school and delivered by regional Young Enterprise advisors going into the classroom, with support from business volunteers, and a detailed set of modules covering all areas of enterprise, many generic, e.g. logos, marketing, finance, etc., so participating schools receive all of the necessary support material. The emphasis is on 'learning by doing' (with music seen as a key means to engage young people). QSM has UK Government support and was highlighted in its recent strategy document on the creative industries 'Creative Britain: New Talents for a New Economy' with ip awareness recognised as a core skill for future creative entrepreneurs in this key sector of the economy. (http://www.culture.gov.uk/Reference_library/Publications/archive_2008/cepPub-new-talents.htm)
3. QSM will also have an online dimension (which we have just started piloting), linking with NUMU - a safe myspace style network in UK schools (http://www.numu.org.uk). This is designed to enable the companies to source talent and offer a contract to the artists/writers on the NUMU site, gaining a sense of intangible/royalty income with points accruing to both the enterprise and the creator everytime the song is listened to on the site. (The points can be used by the enterprise as capital towards their final event/product/service, and the winning artists will receive prizes). It is intended that over time the QSM website can evolve to enable young people to create QSM UGC with the companies uploading their music and audio-visual records of their experience.
4. Crucially, QSM is linking in with the secondary school qualification process by being mapped to a major new qualification that is launching in the UK from Sept 2008 - the creative and media diploma. It also fits with some existing curriculum requirements (including enterprise as outlined in pt. 2) and assessments, and other accreditation initiatives such as the Arts Council Arts Award.
5. QSM could also work as a model for other creative sectors - e.g. fashion, audio-visual, etc. - and we are beginning to consider how these strands could be brought together (and possibly link with other existing educational/vocational resources) to offer realistic experience of how the creative economy is evolving and deliver the portfolio of creative skills that young entrepreneurs in the creative economy need now and into the future.

Latest revision as of 00:32, 28 December 2008

Workshop objectives

File:Example.jpg Our mission for the two days is to explore, discuss, and envision new modes of teaching copyright in ways that encourage creativity, promote collaboration, and empower youth. Key to the discussion will be looking towards creating curriculum that challenges students to think critically about the ethical, cultural, legal and economic factors at play within the realm of creativity and copyright. More specifically, we aim to, 

  1. Discuss the key issues relating to copyright and social norms for digital youth today.
  2. Use this knowledge and discussion in order to frame our mission of creating meaningful, balanced, and engaging curriculum for youth in this space.
  3. Explore ways to teach copyright in a way that encourages creativity, critical consideration of behavior, and emphasizes students’ active role amidst government, corporate, and artist actors.
  4. Consider how we may create a curriculum that may translate across the Atlantic.
  5. Focus on methods and tools that are useful not only to students but accessible for teachers.
  6. Workshop Digital Natives’ initial curriculum efforts: receive critique, discuss issues, and move forward.

Participants
  1. Carrie James (Research Director at the GoodPlay Project)
  2. Colin Maclay (Managing Director of the Berkman Center)
  3. Corinna di Gennaro (Fellow at the Berkman Center)
  4. Erin Reilly (Research Manager at Project New Media Literacies)
  5. Gerhard Buurman (Founder and head of the department of Interaction and Game Design at the Hochschule für Gestaltung und Kunst Zürich)
  6. Jennifer Jenkins (Director of Center for the Study of Public Domain)
  7. Jens Drolshammer(Senior Fellow at the European Center for Law Research)
  8. John Palfrey (Executive Director of the Berkman Center)
  9. Juan Carlos De Martin (Associate Professor at Politecnico di Torino)
  10. Karl Sigfrid (Moderate Party legislator of the Swedish Parliament and advocate for decriminalization of file sharing)
  11. Melanie Dulong de Rosnay(Fellow at the Berkman Center)
  12. Miriam Simun (Research Coordinator at the Berkman Center)
  13. Sara Conway (Senior Policy Advisor at the British Music Rights Association)
  14. Urs Gasser (Director of the Research Center for Information Law and Fellow at the Berkman Center)
  15. Rosalie Barnes (Curriculum Developer at the Berkman Center)
  16. Meg Moore (Research Assistant at the Berkman Center)
  17. Ilan Goldbard (Research Assistant at the Berkman Center)
  18. Denise Blumenthal (Director of Educational Producations at WGBH)
Readings Provided by Participants

Understanding Youth Attitudes

1. 'In class, I have to power down' - children have been quick to grasp the joys of new technology. Why are schools lagging so far behind, asks David Puttnam http://www.guardian.co.uk/technology/2008/apr/07/digitalmusic.drm

2. 'Home copying - burnt into teenage pysche' - calls for action as study reveals 95% of young people are illegally copying music http://education.guardian.co.uk/elearning/story/0,,2074232,00.html

3. Henry Jenkins and Joshua Green. Forthcoming. "The moral economy of Web 2.0: Audience research and convergence culture" in J. Holt & A. Perren, (Eds.), Media industries: History, theory and methods. Malden, MA: Blackwell Publishing. Available in four parts on Henry's blog at: http://henryjenkins.org/2008/03/the_moral_economy_of_web_20_pa.html

4. Renee Hobbs, Peter Jaszi, & Pat Aufderheide. 2007. "The Cost of Copyright Confusion for Media Literacy." http://www.centerforsocialmedia.org/resources/publications/the_cost_of_copyright_confusion_for_media_literacy/

5. Ian Condry. 2004. "Cultures of Music Piracy: An Ethnographic Comparison of the US and Japan." International Journal of Cultural Studies, 7 (3): 344-363 http://ics.sagepub.com/cgi/content/abstract/7/3/343


Why Teach Copyright?

In the context of this workshop, they can show how difficult it is to design an objective curriculum on the consequences of copyright infringement when even few experts have a clear picture of what the consequences of unauthorized file sharing really are.

1. Free! Why $0.00 Is the Future of Business, Wired http://www.wired.com/techbiz/it/magazine/16-03/ff_free?currentPage=all Wired's editor in chief Chris Anderson argues that as maginal cost of production approaches zero for certain products, new business models emerge that allow these products to be distributed free of charge.

2. A Change of Tune, the Economist http://www.economist.com/business/displaystory.cfm?story_id=9443082 Developing new income sources and new standard contracts, the music industry is adapting to today's market conditions characterized by free information flows.

3. Fair Use Worth More to Economy Than Copyright, InformationWeek http://www.informationweek.com/news/internet/showArticle.jhtml?articleID=201805939 The values created by fair-use industries are almost twice as high as the values created by copyright industries.

4. Recut, Reframe, Recycle, The Center for Social Media, http://www.centerforsocialmedia.org/resources/publications/recut_reframe_recycle

5. Teaching Kids About Copyright Laws, Medialoper, http://www.medialoper.com/hot-topics/teaching-kids-about-copyright-laws/

6. RIAA partnership with i-Safe a dangerous step for Internet protection, Projectopus, http://www.projectopus.com/node/5730

7. Microsoft "Teaching" Kids Intellectual Property Rights With MyBytes, Profy, http://www.profy.com/2008/02/23/mybytes/

8. The Virgin Mobile /CC case: Parents of a 16-years old sued most parties involved in the distribution of a photo of their daughter: the counselor who upload on Flickr the photo of the teenage girl, the company (Virgin Australia) who reused the photo in the commercial context, and CC, the organization proposing the license used on Flickr. http://flickr.com/photos/sesh00/515961023/ http://creativecommons.org/weblog/entry/7680 http://lessig.org/blog/2007/09/on_the_texas_suit_against_virg.html

9. Pro-copyright propaganda distributed by companies and government to school principals and parents (in french, I can make an oral summary of the worst of brochure, e.g. "digital content can't be used without consent", "software cannot be copied to be sold or offered", regardless of private use exceptions and free software: press release calling for neutrality and non-consumerism principles: http://www.april.org/articles/communiques/pr-20050419.html guide in Flash: http://www.tousconnectes.com/tousconnectes/ telechargement.htm printed guide: http://www.foruminternet.org/particuliers/actualites/deux-guides-pratiques-a-telecharger-pour-les-ados-et-leurs-parents.html

10. A video by MCPS-PRS Alliance, two royalty collection societies in the UK. http://www.mcps-prs-alliance.co.uk/about_us/Pages/Theroyaltyroute.aspx


Building Curricula

1. The University of Minnesota's "Fair Use Analysis Tool" (for adults) that could inform interactive exercises in the copyright curriculum: http://www.lib.umn.edu/copyright/checklist.phtml

2. CSPD's comic book about copyright and fair use-- it targets a broader audience, but is currently being used in many middle schools and high schools: http://www.law.duke.edu/cspd/comics/digital.php

3. For contrast, WIPO's comic book (mentioned in the further reading section of the WIPO workbook analyzed in Overview of Current Efforts): http://www.wipo.int/freepublications/en/copyright/484/wipo_pub_484.pdf and a parody of the WIPO comic: http://www.altlawforum.org/lawmedia/CC.pdf

4. Copyright Kids!, The Copyright Society of the USA, http://www.centerforsocialmedia.org/resources/publications/recut_reframe_recycle 

Readings Suggested by Berkman

Suggested Readings

Mohsen Manesh, “The Immorality Of Theft, The Amorality Of Infringement,” Stanford Tech Law Review, 2006.

"Why do people believe that theft is immoral? And why do so many differentiate theft from infringement? [Paper] attempts to answer these questions by exploring and applying recent scholarship into the neuroscience of moral decision-making. In doing so, this [paper] sets forth a hypothesis about our innate intuitions of property and how these intuitions may affect our moral decisions regarding intellectual property, such as copyright."

Geoffrey Neri, Note, “Sticky Fingers or Sticky Norms? Unauthorized Music Downloading and Unsettled Social Norms,” GEO. L.J., 2005

Extensive discussion of the effect of social norms on illegal downloading. Argues that rampant illegal downloading among youth is the result of ingrained social norms, and that efforts to change these social norms through educational initiatives are likely to be resisted. Manipulating social attitudes tends to be perceived as brainwashing. Also argues that social norms theory indicates that sanctions and the threat of punishment cannot alone induce compliance with the law. Concludes that the expansion of criminal copyright legislation is misguided.

Oliver R. Goodenough & Gregory Decker, “Why Do Good People Steal Intellectual Property,” The Gruter Institute Working Papers on Law, Economics, and Evolutionary Biology, 2006.

Attempts to explain the prevalence of copyright infringement from a cognitive neuroscience perspective. Looks at cognitive processes that lead people to regard intellectual property differently from real property. Hypothesizes that framing intellectual property in the rhetoric of real property provides the incorrect emotional context for respect of copyright law. Argues that effective laws must “be able to recruit brain functions strongly linked to attention, motivation and action.”

Larry Nucci, "Synthesis of Research on Moral Development," Educational Leadership, 1987.

Reviews literature on how children distinguish between morality and convention. Discusses how to best teach children in the classroom to think critically about the former.

Robert LaRose, et al. "Sharing or Piracy? An Exploration of Downloading Behavior," Journal of Computer-Mediated Communication, 2005.

Discusses other factors that motivate students to illegally swap files, including positive social outcomes, feelings of community, and habit.

Pew Internet Project Data Memo, Music and Video Downloading Moves Beyond P2P, 2005.

Survey of internet users regarding prevalence and sources of illegal downloading. Participants were also asked whether government enforcement of digital copyright is appropriate.

Advocating fair use

"Fair Use," Copyright and Fair Use Overview, Stanford University Libraries

An in depth explanation of the fair use doctrine and the four-factor test courts employ in analyzing use. The materials discuss high profile cases concerning a diverse range of media, noting the results and reasoning behind each outcome. The chapter emphasizes the uncertainty in many cases of being able to claim fair use, and attempts to frame the “sizable grey area” in which creators need to be wary. The presentation targets adult content creators but requires no legal background to comprehend.

"Documentary Filmmakers' Statement of Best Practices in Fair Use," Center for Social Media

An example of an industry-adopted ‘Best Practices’ statement concerning the incorporation of copyrighted content under the fair use doctrine. The document recognizes that both the original content creators, and the documentarians appropriating their work have an interest in retaining copyright protection for their creation. The guide portrays four classes of situations content creators might encounter, and assess the application of the doctrine in those circumstances. The wide adoption and success of the guide exemplifies the role creative industries can play in shaping their own formulas for fair use in the digital age.

"Fair Use under Copyright Law and Its Application to Podcasts," Podcasting Legal Guide, Creative Commons

The Podcasting Legal Guide provides content creators with a "roadmap" for navigating legal questions they may encounter in the course of creating and distributing a podcast. Just as user generated video has raised novel fair use questions, podcasting, too, raises copyright and fair use questions previously unaddressed in the analog world. In the course of outlining the copyright law landscape as relevant to podcasting, the Guide delves into the application of fair use principles to podcast content. Fair use is defined, and the four factors courts employ in analyzing use are discussed. Additionally, the Guide addresses popular misconceptions, and walks readers through 3 podcasting-related examples of situations where fair use rights may be implicated.

Encouraging creativity & addressing the participation gap

"Teens and Social Media," Pew Internet & American Life Project

The majority of teens are engaged in online content creation, from writing blogs to creating web pages to remixing existing material into a new creative work. As teens participate in both creating and consuming materials via the web, certain trends have emerged. The Pew Internet & American Life Project documents the online activity of teens, reflecting the correlation between participation and differences in gender and community. The report not only discusses the percentage of teens online, but teenagers’ relative engagement in particular types of online activities. Differences in both the type of media created and the originality of the content were observed among divergent teen groups.

Jenkins, Henry. "Confronting the Challenges of Participatory Culture: Media Education for the 21st Century," MacArthur Foundation

[From Executive Summary] “According to a recent study from the Pew Internet & American Life project, more than one-half of all teens have created media content, and roughly one-third of teens who use the Internet have shared content they produced. In many cases, these teens are actively involved in what we are calling participatory cultures. A participatory culture is a culture with relatively low barriers to artistic expression and civic engagement, strong support for creating and sharing one’s creations, and some type of informal mentorship whereby what is known by the most experienced is passed along to novices. A participatory culture is also one in which members believe their contributions matter, and feel some degree of social connection with one another.”

In view of the numerous benefits derived from engagement in online culture, Jenkins finds the “participation gap” dividing teen computer users particularly troubling. He posits that educational institutions must assume the role of bridging that gap, ensuring students “access to the skills and experiences [students] need to become … full participant[s]” and encouraging new media literacy.


Pedagogical method

Teaching at different levels

[1] Perkins, David "Teaching for Understanding" [2] Rose, David & Meyer, Anna "Teaching Every Student in the Digital Age: Universal Design for Learning" [3] NY TIMES, BANK STREET SCHOOL "Intellectual Property" lesson plans [4] McREL: US National Standards & Benchmarks search tool. Results for "Copyright" [5] Educators reflect on fair use and copyright in media [6] Gee, James Paul "Learning and Gaming" [7] Bennett, W. Lance "Changing Citizenship in the Digital Age" [8] Rheingold, Howard "Using Participatory Media and Public Voice to Encourage Civic Engagement"

Creating cross-national curriculum

Thomas J. Froehlich, "Copyright and Fair Use: Fair Use as a Right?"

Discusses the major differences between Anglo-American and Continental systems of copyright protection, as well as the ideological motivations behind these differences. The central difference between the two is that Anglo-American copyright protection is based on a utilitarian approach, balancing the economic incentive for content creators with the rights of consumers. Continental copyright law, by contrast, focuses on the more abstract “moral rights” of the author to the ownership of his work. The result is that fair uses are afforded much less protection under the Continental system.

Lecture by Nicholas Negroponte, founder of One Laptop Per Child

A brief lecture and Q&A on the educational landscape in developing countries, and the role that technology can play in improving it. Discusses how learning with and about technology can improve learning across all subjects.

The World Intellectual Property Organization Internet Treaties

A short pamphlet describing two digital intellectual property treaties adopted by over 100 member countries around the world. These treaties were an important step towards international protection for copyrighted works online. 

Overview of Current Efforts

CC Podcasting Guide

http://wiki.creativecommons.org/Podcasting_Legal_Guide

Target Audience

Podcast creators/users (complexity suggests an adult target audience)

Normative Values

Creative Commons provides a “more flexible, open” alternative to traditional copyright protection. The organization supports the right of authors to protect and manage uses of their works, but aims to give them the ability to tailor the exercise of their rights. Freedom of expression, as well as fair use, underscores their approach.

Materials

The guide is presented in Wiki format, and includes external links to pages/sources referenced. The contents are subdivided into four main sections.

Overview

Section 1: Legal Issues in Creating Your Own Podcast

The section discusses why copyright, publicity rights and trademark concerns are relevant to podcasting. In general, incorporating material created by someone else requires permission for use. However, the guide notes, there are five instances where permission is not required: (i) the material does not qualify for copyright (e.g. ideas, facts, titles, slogans), (ii) the material is in the public domain, (iii) U.S. government material is at issue, (iv) a fair use exception applies, and (v) the material is licensed under Creative Commons. Each situation is explained in detail, with the exception of fair use, which is addressed later in the guide. While in most cases one can use self-created work without obtaining rights clearances, permission will be needed when the material is the result of a “work for hire” agreement, a product of joint authorship, or that for which one’s rights have been transferred. The guide then describes the rights implicated by the incorporation of written material, pre-existing voice recordings, video material and interviews. A lengthier section outlines the permissions involved, licenses needed and fair use exceptions that may apply to the incorporation of music.

Concerning fair use, the guide defines and describes the framework for assessing whether a use has been “fair,” and stresses that disclaimers and acknowledgements are insufficient to absolve a podcaster of liability for infringement. The guide then discusses three use scenarios a podcaster might encounter and whether the action described constitutes fair use. Publicity rights and trademark concerns are then briefly discussed. Finally, the section directs users to Creative Commons as a “pod safe” source for finding content.

Section 2: Legal Issues Surrounding How to Distribute Your Podcast

The two types of licenses, Implied and Expressed, are both discussed in depth. An implied license gives others the right to use your podcast, but only to the extent that you would have permitted had an actual agreement been negotiated. Due to the lack of definite terms surrounding implied licenses, the guide recommends podcasters opt for express licensing. A lawyer can draft language reflecting your use preferences, a Creative Commons license can be applied, or the “All Rights Reserved” model can be utilized. The guide explains how to incorporate each of these options. Finally, those using a service to distribute their podcasts are advised to make themselves aware of the service’s terms of use before entering into any business agreement.

Section 3: Basic Background to Podcasting

This “very, very brief” background to podcasting answers three basic questions: What is podcasting? How does it work? What is RSS and how does it work with podcasts?

Section 4: Background & Further Resources

Links to Wikipedia entries defining podcasting and RSS, “How To” podcasting guides, podcast search engines, open-source podcasting programs, podcatching programs, tips for finding podsafe content, works in the public domain, and other sites offering relevant legal content are provided. A list of books and other resources is also included, along with a list of organizations and projects addressing copyright and free expression.

Strongest Aspect

Considering the complexity of copyright law, the guide delivers a surprisingly concise, yet detailed, outline of the issues affecting podcasters. Ample space is given to copyright protections as well as fair use principles.

Weakest Aspect

While offering a few hypothetical situations, additional real-world support might provide better examples for podcast creators and subscribers. Especially when dealing with issues as nuanced as those surrounding copyright, including comments from veteran podcasters about their practices, and generally accepted practices within the industry, would help make the information presented more concrete.

Suggested Improvements

The guide is obviously written for an adult, podcast-savvy audience. It is doubtful that someone would get through ¾ of the guide to where the “Background Information” is located without knowing what podcasts are. The background section should be moved to the top or left out all together.

Due to the minimal variation between heading formats, the sections do not appear as clearly defined as they are in the Contents box. It would be helpful to number each section as they are numbered in the outline.

Aspects to Consider Using

Completing a companion piece written in more teen-friendly language would be useful considering that a significant number of teens are involved in podcasting.

While adult users may indeed prefer straightforward, textual information, implementing more interactive components might be worth considering, especially if hoping to engage younger podcasters.

A discussion board or blog detailing recent articles/cases relevant to podcasting would afford readers the most updated information while allowing them to discuss hot topic issues pertaining to copyright.

Close Up Foundation – Face the Music Program

http://www.closeup.org/ftm_homehtm.php

Target audience

High School

Normative Values

The Close Up Foundation is a non-partisan, non-profit provider of “civic education.” Their mission is to “educate, inspire, and empower individuals to become active citizens in our democracy.” They do this through a civics-oriented student field trip program to Washington D.C., as well as through supplemental social studies texts and videos for the classroom. They are backed by a long list of sponsors including large corporations (Wal-Mart, Microsoft, Exxon) and smaller foundations. They are one of the educational sources linked to by the RIAA, though they don’t appear to be in partnership in any way.

Overview

The Close Up Foundation’s Face the Music program includes an eight minute video on illegal downloading, a “viewing guide” worksheet for kids to fill out as they watch, five suggested teaching activities, and eight “issue briefings” on specific subjects which can be incorporated into the activities.

The website gives the following description of the video: “Hear what Erin, Matt, Avni, Nishant, and Maggie have to say about illegal downloading and watch as they wrestle with the legal and ethical questions inherent in the issue…Also find out what American University student Brenda thinks of illegal downloading and what music store owner Fred Wilbur says is happening to his business as a result of illegal downloading. And listen in as an up-and-coming rock musician, one who is using the Internet to attract attention to his band, weighs in with his thoughts about following the law and making music and money.”

Viewing guide

A set of questions about the movie. Some are aimed at just making sure students are paying attention (“List three reasons people in the video give for illegally downloading music”) while others encourage reflection (“Several people in the video compare the act of illegal downloading with that of shoplifting. What is your take on this comparison?”)

Issue briefings

Each of the eight briefings goes into some detail on a specific issue related to music downloading. They range from general concepts like fair use and public domain, to legislation like the Sonny Bonno Copyright Term Extension Act, to landmark legal decisions like Sony v. Universal and Grokster. Each briefing is followed by discussion questions.

Teaching Activities

Methods for facilitating discussion on music downloading. Includes anticipatory activities intended to get students brainstorming about what they already know about music, as well as activities based on the issue briefings, where students come together to teach other what they’ve learned. Helpful discussion questions are included.

Strongest Part

Many of the issue briefings and discussion questions are very well constructed, giving students the opportunity to delve into some of the details and controversies behind ©. One of the accompanying teaching activities also seems useful: The curriculum suggests that teachers divide the class into groups, with each group in charge of reading, discussing, and mastering one issue briefing. The teacher should then mix the students up into new groups, with each group containing at least one “expert” on each issue. These experts then teach their new group members the issue they have mastered.

Weakest Part

Though I haven’t seen the video, it seems clear based on the description and viewing questions that it adds little to the discussion. While the issue briefings nicely summarize important arguments, and raise controversial issues, the video’s only aim seems to be to convince kids that illegal downloading is bad. This may be a valid point, but it doesn’t do much to enhance student’s understanding of the issue, which at the high school level should really be the goal.

Aspects to Consider Using

The curriculum does an excellent job of highlighting the inherent tensions in copyright law between creators and consumers of content. This is drawn out in discussion questions like “When do you think a copyrighted work should move into the public domain? Keep in mind the interests of those who work to create and author original works, and the interests of the public in having unrestricted access to those works.” This tension is central to any meaningful discussion of ©, and is glaringly absent from many other curricula.

Many of the discussion questions ask students to consider what kind of rules they would impose to best meet the goals of copyright. This is an excellent way to encourage reflection on the current copyright regime. For example, one question asks, “If you could write copyright law, how would you protect the rights of authors and creators as well as the interests of businesses and consumers?” Another asks, “how do you think the nation should respond to constantly changing technological capabilities? Are there any ethical or legal guidelines that you believe must be followed as new policies are made, implemented, and evaluated? If so, what are they?”

The curriculum contains a discussion of copyright law in the context of the U.S. Constitution, something lacking in many of the other curricula currently available. Following this discussion, it asks the question, “Why was promoting ‘the Progress of Science and useful Arts’ important to the framers of the nation’s government?” It also asks, “Should Congress be allowed to extend copyright terms? Do you think it is good public policy? Do you think it is constitutional? Why or why not?”

Entertainment Software Association

http://www.jointhecteam.com/

Target audience

K-5

Normative Values

The Entertainment Software Association (ESA) is a trade association representing nearly all of the major publishers in the American computer and video game industry. Their curriculum, titled “Join the © Team” promotes respect for copyright protection. It is presumably part of their larger effort to combat software piracy, though the curriculum gives equal weight to discussions of copyright in music, visual art and text.

Overview

Three separate curricula are offered for K-1, 2-3, and 4-5 grade students, though there is a great deal of overlap between them. The curricula consist of a six-page “Educator’s Guide to Intellectual Property” along with descriptions of three to four classroom activities with accompanying printable worksheets. A wall poster is also included. The curricula recommends about 10 class periods for completion spread over three to four weeks.

Educator’s Guide

A six-page summary of IP law for teachers to familiarize themselves with before presenting to students. Discusses plagiarism, copyrightable vs. noncopyrightable works, exclusive rights of © owner, public domain, internet piracy, and fair use (focusing on the educational context).

Scavenger Hunt Activity

Students are introduced to © by looking through an illustrated book for the author and illustrator, and then for the © symbol. Teachers explain that © stops people from copying the book, and lets the people who created the book sell it. Students then get a worksheet with pictures of other things found in the classroom (videos, board games, computer games) and are told to seek them out and see if they can find a © symbol on them. For homework, they are told to find things in their house with the © symbol.

Copy Right Activity

For grades 2-5, a worksheet depicting four copying situations. Students are asked what the character in each situation should do to “copy right.” Situations include quoting a sentence for a book report, using information from a CD-Rom encyclopedia, using info found online and sharing a disc with copyrighted content on it. The focus is on citing sources, giving credit.

Creative Activity

Students are given an assignment to create a copyrightable work. The K-1 curriculum suggests greeting cards or posters. The 2-3 and 4-5 curricula suggest illustrated books. Templates and detailed instructions (not particularly relevant to ©) are provided for both. After completion of their works, students are given a © sticker to affix to their work where they fill in the publication date. This is meant to segue into a discussion about what the © protects, why a © owner deserves control over their work, and the extent to which the students value the intellectual property that they’ve just created.

Computer Research Activity

This activity is adaptable depending on the age group, but the main idea is to teach kids how to evaluate information found online, how and when to credit sources, and to recognize the difference between copying info for school purposes and copying for other purposes. These skills are incorporated into an “internet show and tell” for younger kids, or a complete PowerPoint presentation on a given topic for older kids. Special worksheets and templates for presentation planning are provided. Kids are instructed to:

-Check the “last updated” tag on websites to determine that it’s up to date. -Check the “about us” section to determine reliability. -Check the URL, valuing .gov, .edu, and .org sites as most reliable sources. -Check the “terms of use” for permission to copy for non-educational uses. -Properly cite the website author and URL.

Strongest Part

The Copyright scavenger hunt provides an excellent way to introduce young kids to copyright, giving them the opportunity to be active, as well as showing them © as it exists in the world, as opposed to as an abstract concept.

Weakest Part

Given the limited range of situations that the Copy Right worksheet addresses, it does little to broaden student’s understanding of ©. Of the only four situations presented, three are specifically about plagiarism. As a jumping off point for a more extensive discussion of ©, the worksheet may be useful, but it may end up restricting the conversation because of its narrow subject matter.

Suggested Improvements

Devote more discussion to copyright outside of the classroom context. Considering that this curriculum is backed by the ESA, it surprisingly spends most of its time discussing plagiarism and proper citation, with little discussion of file sharing, software piracy or non-academic contexts in which kids might be creative but potentially infringe on copyrights (personal web pages for example).

Discussion of fair use is limited to the notion that copying for school is ok, assuming you give credit. Perhaps this is as in-depth as young kids can handle, but the curricula could do without the completely false statement: “No one is allowed to copy copyrighted material outside the classroom for any reason without permission.”

Aspects to Consider Using

Student-made computer presentations allow teachers to easily combine copyright education with other subjects. This is because presentations can be assigned on anything from social studies to science, and still maintain their underlying messages about plagiarism and copyright.

Worksheets like the scavenger hunt provide a good way to engage kids, as well as a concrete starting point for discussion. Alternately, they provide a good way to reinforce concepts learned in a prior lesson.

The inclusion of an Educator’s Guide along with each curriculum is a useful way for teachers to familiarize themselves with a subject in which they likely have no expertise. As a bonus, it contains info regarding the use of copyrighted material for teaching.

Giving students the opportunity to create something on which they can affix a © sticker drives home the point that literally all creative works are protected, and that kids can be both creators and consumers of protected content. It also lets kids reflect on what it means to create something original, and what rights they feel they should have over their content.

Library of Congress

http://www.loc.gov/teachers/copyrightmystery/#/steps/

Target audience

Preteens through middle school

Normative Values

The Library of Congress (LOC) houses the U.S. Copyright Office. The curriculum aims to teach kids the value of copyright law as a tool for empowering content creators. To a lesser extent, the curriculum discusses copyright law as a barrier restricting content consumers.

Overview

The curriculum comes in the form of an interactive flash animation titled “Taking the Mystery Out of Copyright.” It is divided into four sections.

Copyright Exposed

A brief music video about copyright. Teaches that copyright “protects your creation” so that “you get all the credit.” Mentions music, writing and paintings as subject to protection.

Files on Record

A timeline tracing the development of copyright law, starting with the invention of the printing press and ending with the TEACH Act of 2002. Also included are the Statute of Anne, The International Copyright Act and the Digital Millennium Act. Each entry, about one paragraph long, contains a small picture related to the subject, as well as a link to a PDF of relevant legislation.

Reading the Fine Print

Six FAQ appear as thought bubbles. Clicking on one reveals the answer, each between 50 and 100 words. Explains the difference between ideas and expression (only the latter is protected), the status of text and pictures found online, additional benefits of copyright registration, and a brief treatment of fair use with a link to the Copyright Office website for a more complete description.

Steps to Copyright

Outlines the process for registering your work with the Copyright Office. The main steps are (1) create, (2) complete an application and attach appropriate fee, (3) send the package to the Copyright Office. A link to the application as well the address of the Copyright Office are provided.

Strongest Part

The Copyright timeline provides valuable background regarding the development of the law, showing a clear trend toward the expansion of protections for content creators. It also shows how the law has changed with the advent of new technology like recorded music and motion pictures. The links to PDFs of relevant legislation make this portion a rich source of information.

Weakest Part

The “Copyright Exposed” music video adds very little, if anything, to the curriculum. It contains almost no info beyond a basic definition of what copyright is, and the cheesy lyrics and music would likely feel patronizing even to preteens. While it may be appealing to younger kids, it does not sync up in tone with the rest of the curriculum.

Suggested Improvements

Add some nuance: Though the curriculum is aimed at a young audience, some discussion regarding the rationale behind copyright law would be appropriate. Kids should at least be introduced to the debate surrounding copyright, and the basic tensions between protection and proliferation of created works.

Address P2P file sharing and piracy directly: File sharing seems by far the most likely way that kids will violate copyright and at least warrants its own FAQ, if not an entire portion of the website.

Expand the discussion of fair use: Dismissing the complexities of the issue with a link to the Copyright Office website implies that fair use is something weird for adults to worry about.

Concrete examples of fair use that are relevant to kids would be useful (i.e. creating mash-ups, or pasting excerpts from other sources on blogs).

Aspects to Consider Using

Copyright timeline: An easy and clear way to show the gradual expansion of copyright law. Consider adding free culture milestones like the development of Creative Commons licensing.

Interactive Flash Animation: Presentation is more engaging than static text, and user-led navigation allows kids to explore the issues that interest them.

FAQ: May be a good way to raise problems on the margins of copyright law, and to provide specific examples of what is and isn’t allowed. The Library of Congress’ FAQ is well-executed but likely too brief with only six questions.

Addressing kids as content creators: The info on the site addresses its readers as creators, rather than consumers, of media. (i.e. The FAQ asks “Does copyright protect my ideas?” and “Can anyone ever use my work without my permission?”)Thus copyright is introduced as a way to protect your work, rather than as a constraint on the way you use the work of others. The effect is that copyright comes across as an empowerment rather than a restriction.

The “Steps to Copyright” portion may be worth considering. However, uncertain that young kids would ever consider registering their copyrights. May also confuse idea that copyright attaches as soon as the work is created.

WIPO Copyright Curriculum

Location

[wipo.int/freepublications/en/copyright/935/wipo_pub_935.pdf wipo.int/freepublications/en/copyright/935/wipo_pub_935.pdf]

Target Audience

8 to 13 year olds

Normative Values

The World Intellectual Property Organization is an agency of the United Nations dedicated to developing a balanced international IP system. The group promotes the use of IP as a catalyst for economic development, and encourages law makers to recognize IP concerns when developing national programs. WIPO endeavors to increase public understanding of IP, and regularly hosts gatherings to facilitate discussion among industry professionals and policy makers.

Information Presented

The WIPO workbook, Learn for the Future, Create from the Past: The Arts and Copyright, for elementary and middle school-aged children," addresses four general topics relevant to copyright education. Student activities, profiles of real-life young artists, and “Beware!” boxes detailing often-overlooked regulations punctuate the workbook.

The Arts: The workbook begins by defining the types of "works" that society considers as art. Creative expression can be conveyed through various forms of media, and benefits society in diverse ways. The ease with which young people can harness creativity is emphasized throughout the materials, and students are encouraged to put their imaginations to work in art-creating activities. Portraits of young artists from around the world also punctuate the pages, providing real life glimpses into the creative process. The materials note that, while technology has made the works of skilled artists available to more people and enabled artists to make a living from selling reproductions, it has also created the need for creators to maintain control over copying. Copyright serves to protect artists' ability to profit from their works and retain control over their creations.

Copyright: Copyright is defined within the larger scope of Intellectual Property as protecting original works of various forms, from written compositions to computer programs. The materials note, in all capital letters, however, that copyright does NOT protect ideas or facts, but rather the way in which those ideas are expressed. The materials demonstrate, and ask students to consider further, the many ways in which a single idea can be embodied. Ownership of copyright, and the rights that ownership conveys, are discussed. "Beware!" boxes alert students to important misconceptions and limitations on copyright, such as the "First sale doctrine," and the fact that owning a copy of a work does not make one the owner of its content for copyright purposes. Copyright terms and variations between countries are addressed, as are the organizations and collecting societies that aid copyright owners in enforcing their rights. The activities prompt students to create their own copyrightable works and test them on their understanding of whose permission must be obtained to clear certain rights.

Public Domain and Copyright Limitations: Discussing the public domain as well as exceptions for free and personal uses, the materials recognize the necessity of balancing mechanisms in copyright law. The workbook defines the public domain, and explains both how works enter and how to locate public domain works. “Beware!” boxes note that copyright attaches to derivative works, even if based on public domain materials, and that the availability of a work on the Internet does not automatically mean it is free to use. A list of websites where students can locate free or public domain works is also included.

Copyright Infringement: The final section of materials deals with copyright infringement. Forms of infringement, including plagarism and peer-to-peer sharing of copyrighted files, are defined. Focusing on music piracy, the materials list several reasons why students should not engage in illegal uploading and downloading. Activities ask students to identify if and how infringement has occurred. The concept of Digital Rights Management is also introduced.

Strongest Part

The materials strive to connect the topics being discussed with young creators and consumers. By describing the contributions of numerous young artists, the workbook helps instill students with an appreciation for creative content.

Weakest Part

Children change dramatically between the ages of 8 and 13. Some of the concepts may be too complex for 8 year olds to grasp, while the appearance of the materials and activities provided may be too elementary for middle school students. Even if the content is not changed dramatically, multiple versions targeting more distinct age groups would be advisable.

Suggested Improvements

Fair use needs to be addressed. While the materials, on the whole, are fairly balanced in their approach, the fair use doctrine is completely overlooked.

More specific materials addressing new forms of online creation that students may be taking part in, such as online video content, should be included.

Aspects to Consider Using

Considering the availability of the Internet – and the high-profile of Internet-related copyright concerns – the materials should both better inform students of the risks and opportunities posed by digital media, and incorporate activities that introduce them to copyright concerns online. While providing lists of websites is helpful, an online tutorial or game implementing the ideas taught may prove more engaging.

At various points, the workbook prompts students to create their own artistic work. Perhaps a website could be established where students could upload and/or register their creations, and view the creations of other students who have completed the program. Seeing the unique ways in which other students express similar ideas may aid them in better understanding and appreciating the premium placed on creative expression.

Materials could be tailored to more distinct age ranges (i.e. one workbook for elementary school and one for middle school), employing age-appropriate graphics and examples.

Center for Social Media Fair Use Materials

Location

http://www.centerforsocialmedia.org/resources/fair_use/

Target Audience

Documentary filmmakers

Normative Values

The Center for Social Media promotes creative use of media, specifically documentaries, as a means of disseminating knowledge and encouraging public action. Concerned with the media environment in which innovators operate, the Center embraces fair use rights, and it strives to provide a fair use framework within which filmmakers can operate. Fair use and other limitations on copyright are touted as being just as necessary to preserving cultural integrity as the protections placed on creative works.

Information Presented

Focusing on documentary film making, the Center for Social Media provides a wealth of materials discussing fair use in film and online video contexts.

A. Publications

1. Recut, Reframe, Recycle: The report focuses on nine types of re-appropriation commonly used in the creation of online video content. Research reveals that in many situations, such appropriation constitutes fair use. Thus, concerns arise that efforts to crack down on piracy will inevitably stifle the creation of legal content as well. The genres of videos considered were parody and satire, works quoting material to generate discussion, incidental use, illustrations or examples, personal reporting, archiving of vulnerable materials, as well as both critical and positive commentary. After noting general trends in online video creation, the report addresses each of the use types in relation to the fair use doctrine. While many of the uses can be assessed – and pass muster – using traditional fair use analysis, the report notes that “mashups” and other types of genre-bending videos raise new questions at the boundaries of fair use doctrine. The report clearly views fair use as a right that deserves utmost protection, while recognizing the interest of creators to safeguard their works from piracy.

2. Fair Use Frequently Asked Questions: The FAQ page addresses concerns regarding industry adoption of the Best Practices statement, the need to attribute copyrighted material, the portion of a work that may be borrowed, the relevance to fair use of an organization's commercial status, whether fair use is distinct from “stealing,” and the scope of the doctrine.

3. Unauthorized: The Copyright Conundrum in Participatory Video: Summarizing the findings of an April 2007 conference on the management of copyright in emerging Internet environments, the report asserts that overly rigid measures restricting use of copyrighted materials on open video spaces are detrimental to both commerce and society. Research evidences that most new online creators appropriate material in good faith, though they admit confusion as to the application of copyright in the open video context. Most online video providers fail to inform users of either copyright restrictions or fair use exceptions. The report recommends that educational institutions, including universities and libraries, bear the burden of supporting responsible online behavior and educating Internet users about copyright. Having an understanding of balancing mechanisms such as fair use and Section 512 of the DMCA, the report concludes, is essential for any online video creator.

4. The Good, the Bad and the Confusing: User-Generated Video Creators on Copyright: Documenting the results of a survey of college-age online video creators, the report reflects the significance of informing first-time content creators of what they can -- and cannot -- legally appropriate in their works, before use habits are established. Fifty-one survey participants and 15 interviewees, discussed (though not without hesitation) their practices of incorporating content during online video creation. Their responses revealed a general misunderstanding of both copyright and fair use principles. Although over 3/4 of those questioned expressed familiarity with the fair use doctrine, none could accurately define what it covers. The respondents expressed concern over "grey areas" of copyright law, which they attempted to ameliorate by personally defining "good" and "bad" practices (e.g. noncommercial and commercial, personal and public). The report concludes that among the selected group of college educated, cutting edge creators, all of whom hoped to have a career in media and remain legally in the right, copyright is a misunderstood doctrine. The researchers assert that better informed creators will more effectively facilitate the development of new practice models as copyright and fair use are translated to innovative forms of media.

5. Documentary Filmmakers Statement of Best Practices: In 2005, the CSM devised a best practices statement to counsel documentary filmmakers on the inclusion of copyrighted material in their films. The statement outlines four use scenarios, and explains both the permissions and limitations on use attending the copyrighted works in each. The document promotes fair use as “a key part of the social bargain at the heart of copyright law,” essential to spurring new creation. The authors note the acceptance of quoting and borrowing from sources in other fields, such as among scholars and historians, and outlines the questions asked by courts in evaluating whether a particular appropriation of copyrighted content constitutes fair use. The statement addresses situations where (1) a filmmaker employs protected material as the object of critique, (2) quotes a popular copyrighted work to illustrate an argument or point, (3) captures copyrighted content in the process of filming something else, and (4) uses copyrighted material in a historical sequence. Each scenario receives comprehensive analysis, yet the guide recognizes that the outlined issues are not exhaustive. The scenarios, instead, are employed to offer an industry framework for how fair use questions should be approached in any situation that may arise. The document closes by correcting some common misunderstandings concerning fair use.

6. Success of the Statement of Best Practices:The Center presents its Best Practices statement as a model for creators struggling with fair use questions in the digital age. This list describes the widespread acceptance and implementation of the Best Practices guide, along with providing specific examples of projects that were seen to fruition only after creators were able to consult the guide and gain and understanding of what they could rightfully appropriate.

7. Expanding User Rights for Documentary Filmmakers: At a 2005 conference, film industry professionals explored the tension between their own interests in copyright protection, and the ability to make use of previously protected materials. Pervasive issues, including lack of copyright knowledge and the difficulty of tracking down copyright holders, were identified. Participants examined several approaches, and the on-going projects exemplifying each: investigation, documentation and articulation of both good and bad practices; directly providing legal services; and legal and market policy intervention both directly and indirectly relevant to filmmakers. Going forward, conference participants proposed education, the formation of institutions, legal reforms, and errors and omissions insurance as key areas to pursue. Key themes including problem-specific solutions, the value of studying the approaches of other creator, exploring complementary strategies, and stressing cooperation and communication amongst industry professionals were considered integral to navigating "grey areas" of fair use and copyright in the documentary context.

B. Classroom Materials

1. Copyright Backgrounder: Los Angeles attorney Michael Donaldson outlines the protections and limitations of copyright law, focusing on terms relevant to documentary filmmakers. He stresses that copyright “protect[s] the rights of those who wish to use the author’s material without permission,” as well as the rights of the author. Donaldson notes the Constitutional origin of copyright, discusses the types of media and activities governed, explains how copyright ownership is assigned, and discusses the contexts in which copyrighted works can be used without obtaining prior permission. The overview is peppered with criticism of existing policy and a belief in broad fair use allowances.

2. Fair Use Course Syllabus: The syllabus recognizes that while permission generally must be obtained to use copyrighted material in a documentary, situations arise where the fair use doctrine makes obtaining such permission unnecessary. Filmmakers are encouraged to consult the Center’s Best Practices guide as a rubric for deciding whether a proposed use would fall within the excepted category. Assessing whether the proposed use will be “transformative” remains the key question. A list of additional documents addressing varied copyright and fair use questions is also provided.

3. Fair Use Scenarios: The worksheet details four hypothetical situations a filmmaker could face, and poses questions concerning whether specific material can be incorporated under fair use principles. The scenarios cover incorporating scenes from popular films into documentary essays, dealing with the appearance of copyrighted material in the background of one’s film, and using a previously unpublished crime scene photograph in a film documenting a 40-year old murder.

C. More Information

1. Fair Use and Best Practices: Surprising Success: This article reiterates the Center's position that fair use remains the "most important feature" in ensuring copyright's constitutionality. The Best Practices statement concerning fair use has garnered wide support within the film making and independent television communities, as well as being held up as a model within the legal community. Release of the statement has encouraged production studios and industry attorneys to insure fair use claims in compliance with the Statement. The article concludes with the observation that other creative communities have begun to look to the Statement as they attempt to craft similar policies.

2. Copyright, Fair Use and Motion Pictures: An essay describing the history of copyright controversies within the film industry as a whole, as well as in relation to documentary film making. The essay explains the fair use doctrine, and details cases that show fair use principles in action. The courts' recognition of industry practices regarding fair use paved the way for issuance of the Statement of Best Practices. The essay reemphasizes the immediate impact of the Statement on then-pending projects, and discusses its wider recognition and adoption. In closing, an excerpt from the Best Practices guide is included.

3. How Documentary Filmmakers Overcame Their Fear of Quoting and Learned to Employ Fair Use: Detailing the results of a Center research project, Untold Stories, this report asserts that fair use principles prove most effective when professionals have knowledge of and expressed expectations concerning fair use. While the idea of fair use has been somewhat maligned in the past, courts have been recognizing applications of the doctrine more frequently. Nevertheless, film making professionals, Center surveys revealed, remain ignorant of core aspects of the doctrine. Misunderstanding has had a chilling effect on expression, the report argues. While balancing mechanisms such as fair use exist and operate to preserve freedom of expression, filmmakers cannot assert rights that they do not fully understand.

4. How to Find Out What Is in the Public Domain: A detailed chart linking the type of work and its date of creation to the copyright term it is under and the date upon which it will enter the public domain.

5. Fair Use: An Essential Feature of Copyright: A transcript of Peter Jazi's 2005 testimony before the House Subcommittee on Commerce, Trade and Consumer Protection. Jazi asserts that the success of the U.S. copyright regime stems not only from the comprehensive protection it grants, but that balancing mechanisms, such as fair use, that operate in favor of creators, educators, students and consumers. While courts have continued to support and apply the fair use doctrine, Jazi notes that it remains under threat as long as creative communities hesitate to proactively define fair use practices. Jazi both defines and dispels misconceptions concerning the fair use doctrine. He argues that the doctrine both spurs creativity and enables consumers to make full personal use of purchased products. Yet, fair use is under attack, he asserts, by DRM and anti-circumvention measures, areas in which traditional fair use exceptions do not apply.

6. "Yes, you can!" - Where you don't even need 'fair use': Common instances where the incorporation of copyrighted material falls within the scope of "free use" are discussed. Filmmakers generally need not concern themselves with clearance right when filming public buildings, government works, works in the public domain, people in public places, the incidental appearance of logos, or potential "rights of publicity."

7. The "Statement of Best Practices" FAQ: Providing a list of questions and answers concerning the purpose, motivation, contents and scope of the Center's Best Practices statement, the FAQ reiterates the need for and success of the Statement. Common misunderstandings about copyright and prevalent concerns over relying on fair use are also addressed.

8. Untold Stories: Creative Consequences of the Rights Clearance Culture for Documentary Filmmakers: The full report detailing the results of the Center's 2004 study on the habits of video content creators. Interviewing 45 documentary filmmakers, researchers confirmed that rights clearance requirements and the threats posed by noncompliance pose creative and financial challenges to documentary filmmakers. Describing the rights clearance process as costly and arduous, filmmakers struggle with the stiff rights clearance expectations gatekeepers tend to impose. Furthermore, rights holders may flat out refuse to afford clearance to the filmmaker. The changes and concessions filmmakers are forced to make, notes the report, adversely affect the quality and public availability of documentary films. At the same time, filmmakers tend to support and impose the same rights clearance demands on others. Rights clearance could be better managed, the researchers contend, through the increased utilization of fair use principles, the effective facilitation of the clearance process, and a more widespread understanding of the rights of filmmakers themselves. The report further recommends that the industry focus on adopting a statement of "Best practices" and form legal resource centers to assist filmmakers struggling with clearance questions.

D. Videos

1. Remix Culture: A short video providing examples of the different ways in which copyright material is reappropriated in the creation of online video content. The film illustrates the unauthorized use of copyrighted material in a soundtrack, remix, mashup, commentary, parody, bloopers, character appropriation and fan tribute montage.

2. Fair Use and Free Speech: Chronicles the hype around the release of the Best Practices statement in 2005. The video stresses the importance of being able to access copyrighted material to cultural development. Fair use acts as a safeguard against misuse of copyright. Both professors and filmmakers comment on prevalent attitudes within the filmmaking industry toward fair use, and how the Statement provides needed guidance in the area. The film then walks through the four scenarios set out in the Statement.

3. Stories Untold: Summarizes the results of the Center's 2004 study on filmmakers' relationship with copyright and fair use. The film features creators discussing challenges they have encountered in relation rights clearance, and reflects their concerns over the future of the fair use doctrine. Refrigerator Mothers: Using Kartemquin Films' Refrigerator Mothers as its example, these two sets of clips demonstrate where the filmmaker elected to claim fair use rights in the reappropriation of material, and instances in which the filmmaker chose to purchase the rights.

4. Fair Use and Documentaries in Court: Nine different videos detail the nine court cases since 1996 that have dealt with the concept of fair use in film making. Filmmakers that have embraced principles similar to those defined in the 2005 Statement have won when challenged by rights holders in court. The unfounded fear of prosecution prevalent among filmmakers is further diminished by the revelation that only five plaintiffs were involved, as two of the plaintiffs brought two suits each.

5. UFVA and Center for Social Media Fair Use Contest Winners: Recognizes those films that best exemplified good faith efforts to employ fair use principles and extend the concept beyond the situations described in the Statement of Best Practices.

6. Examples of Successful Fair Use in Documentary Film: Four different clips demonstrating successful reappropriation of material under the fair use context provide viewers with concrete examples of the doctrine in operation. Each video represents a different type of appropriation, from critical commentary to the use of archival material in a historical sequence.

7. Footage from the Fair Use and Free Speech Launch: Scenes from the event commemorating the release of the Statement of Best Practices on Nov. 18, 2005.

Strongest Part

The materials do a good job of tying the discussion of fair use principles into real world examples of fair use practices being successfully implemented. Using online video to underscore the topics discussed concerning video creation further connects the ideas being outlined to concrete works. The incorporation of clips featuring recognizable material encourages viewer engagement in the topics being addressed.

Weakest Part

The materials spend alot of time promoting the protection of fair use rights, but provide minimal information on copyright protection. Other than the copyright backgrounder, the documents seem to take for granted that readers have a basically knowledge of what rights a copyright holder does have in restricting use of his works.

Suggested Improvements

The Center needs to more fully address the basic protections provided by copyright law, alongside the discussion of fair use exceptions. Since teens actively participate in online video creation, it would be helpful to provide documents targeted toward younger readers, in an effort to engage them in responsible practices before they develop a disregard for copyright. While the Center's own studies recognize the contributions of young, first-time creators, the materials largely focus on practices espoused by industry veterans. One presumes that they are more likely to be adapting an existing understanding of copyright to new media, rather than plunging into video creation with little knowledge of copyright at all.

Aspects to Consider Using

The Center might consider having industry professionals maintain a blog detailing their struggles and success with copyright-related issues. This would allow other filmmakers to see fair use principles in action, while detailing the process of obtaining rights clearance when it arises. Another alternative would be to conduct interviews with documentary filmmakers who have adhered to the best practices guide, and have them discuss those instances in which it has helped, as well as areas where guidance is still lacking. Material targeting young filmmakers, such as a kid-friendly video or interactive tutorial, would be helpful in preparing the next generation of media professionals to enter the industry better informed regarding copyright/fair use practices than their predecessors.

RIAA Copyright Education Materials

Location

http://www.riaa.com/toolsforparents.php?content_selector=tools_

Target Audience

Grade 3 through college (Different programs target different age groups)

Normative Values

he RIAA is the trade group representing the recording industry in the U.S. Member record companies generate more than 90% of legitimately distributed recordings. The RIAA aims to sustain a business and legal landscape that enhances the creative and financial viability of its members. In pursuit of such objectives, it takes a strong stance against piracy, utilizing a “multi-faceted approach” to combat its effect on the industry. The group has initiated numerous lawsuits against file-sharing service providers and individual users, alike, in its efforts to curb unauthorized downloading. Through a combination of education, innovation and, as noted above, enforcement, the RIAA seeks to ensure the continued viability of the recording industry in a digital world.

Information Presented

Multiple programs comprise the RIAA’s educational initiative. Each emphasizes informing young Internet users of existing copyright laws and equipping them to act responsibly on that knowledge.

1. Music Rules! (www.music-rules.com): The Music Rules! website offers free PDF materials for both educators and parents. Teachers may also fill out a form requesting hard copies of the resources provided. Each of the four lessons contains is subdivided into material appropriate for students in grades 3 through 5, and activities adapted for use at the middle school level. In general, both levels provide the same information. The middle school materials tend to expound upon the ideas presented through more in-depth activities.

Teachers Guide: The Teacher’s Guide introduces the program, explains how to access the online materials, introduces key terms used in the materials, and provides instructions for each of the four lessons. A list of additional online resources is also provided.

Classroom Materials: Both the elementary and middle school level materials are divided into four activities: Music Rules!, Meet the Music Makers, It’s the Law, and Make Your Own Music. A separate worksheet combining information with activities to complete accompanies each lesson. The topics covered at the elementary and middle school levels are identical. However, middle school students are given slightly more involved assignments, and are encouraged to use technology in the course of the program. The same graphics and examples appear on both sets of worksheets.

Classroom Poster: Proclaiming “True Music Fans Play by the Rules!” the full color poster, downloadable from the website, stresses key points covered in the lessons.

Parent Brochure: The curriculum includes a brochure for students to take home to their parents, describing the Music Rules! program. The pamphlet provides the family with an Internet Safety Checklist as well as answers to common questions concerning copyright. Although the materials do address general Internet safety, music piracy remains the focus of the prescribed rules. The Questions About Copyright section of the materials gives a basic outline of what one can and cannot legally do with digital music.

2. Assemblies and Online Curriculum (Grades 3-12):

I-Safe’s Beat Street assemblies: These programs introduce third and fourth graders to basic copyright concepts and vocabulary. Videos and interactive skits are used to engage students in how one’s responsibilities as a citizen of the physical world translate into the online community. The assemblies contain 30-45 minutes of material.

Music Rules: Learn Before U Burn Experience: The presentation targets fifth through twelfth graders. Students are instructed how to make responsible choices regarding the use of digital media. The program includes both recorded and interactive components, and is 60 minutes in duration. Students and parents are directed to www.isafe.org, which offers additional educational materials for order.

3. Face the Music: Copyright, Art and the Digital Age (High School): Face the Music, A program developed by The Close Up Foundation, strives to initiate classroom conversation on intellectual property issues. Students take a Constitution-based approach to understanding the copyright framework, and how existing law applies in the digital world. Employing readings, videos and additional materials, the program is touted as an “appealing introduction” to the intersection of music, the Internet, and copyright. Educators are directed to www.closeup.org where they can register their school in order to access online materials.

4. Video for University Students (College): The RIAA, in connection with EDUCAUSE and the American Council on Education, has developed an 8-minture video on the potential consequences of illegal file sharing. The short film features a University of North Carolina student who was penalized with six months home confinement after being prosecuted for music piracy. The video may be downloaded for free at www.campusdownloading.com.

Strongest Part

The various activities connect ideas of copyright protection to real world examples and explanations. Younger students are introduced to the multiple players that work to release and benefit from the legitimate sales of successful albums. This puts a concrete, human face on what would otherwise be intangible topics to elementary and middle school-aged kids. Encouraging them to create their own creative work – and ensuring them of its protected status – also aids them in understanding why a creator might want to protect the art he produces.

Weakest Part

The RIAA materials dwell on the illegality and potential ramifications of unauthorized file sharing. To the educated reader, the materials sound too propaganda-like to be taken seriously, a factor that may deter older students from giving them due consideration. At the middle and high school levels where the materials do not appear to be adequately complex, the lessons may come across as patronizing.

Suggested Improvements

A more complete picture of the copyright regime needs to be presented. Older students likely will recognize the materials’ one-sided view, and remain skeptical of its assertions. Discussing concepts such as fair use that push back against the rules espoused would be a better means of encouraging respect for those protections that do exist. Older students will be more willing to consider a view that effectively addresses alternative arguments.

While perhaps appropriate at the elementary level, the Music Rules! materials need to be more complex at the middle school level. Eighth graders are not going to take curriculum that asks them to create an imaginary class record company for recording and distributing anti-piracy songs very seriously. Middles school students should be provided with additional “real world” examples, as this is the age at which most kids will begin to download material on their own.

Students rarely pay attention to either videos or school assemblies, as both are viewed as “free time” away from classroom instruction. Using more interactive rather than passive instruction methods would better command attention.

Aspects to Consider Using

Technology could be better implemented into the curriculum. The middle school Music Rules! materials do have students make a “computer presentation” of what they have learned and encourage additional online research, but it seems that Internet resources could be more directly utilized. After all, this is a program educating kids on digital music. Perhaps an online interactive tutorial could be implemented to introduce students to the types of sites and file-sharing programs that violate copyright laws while alerting them to legal ways to access music through the Internet.

While including testimony from a college student who was prosecuted for file sharing may be influential, having musicians and industry professionals speak on the state of digital music would also be beneficial. Many will view legal prosecution with a “that won’t happen to me” attitude. Hearing the reasoning of the creators themselves would better encourage respect for copyrighted works.

Scenarios depicting use that is permitted could be added to the Music Rules! worksheets so that students have a better sense of what they can do with digital music, rather than just specific instances where copying and sharing violate the law.

Quickstart Music (UK)

Location

home page is http://www.young-enterprise.org.uk/qsmusic/home.htm

http://www.young-enterprise.org.uk/qsmusic/roles.htm

Target Audience

13 to 15 year old students in the UK

Overview

Developed by Young Enterprise, Quickstart Music immerses students in the business of running a record company. Embracing a “learning by doing” philosophy, the program introduces students to the realities of the music business by affording them the chance to assume various industry roles. A brand new initiative, Quickstart Music provides students with a 10 week course covering a variety of themes. From a segment explaining the fundamentals of copyright, the “currency of creativity, to a clip explaining how to approach signing talent, short videos on the website introduce the diverse topics covered in the course. In the videos, industry professionals give their first hand take on issues those in the music business regularly encounter. Similarly, another set of videos introduces various roles within the music industry, from promoting concerts to handling A&R (artists and repertoire). A shorter series of five videos gives an overview of working in the industry, from tips on how to get started, to the skills necessary for success.

Backed by industry groups including Sony BMG and British Music Rights, the program provides a unique approach to engaging students in the value – both artistic and commercial – of creativity. Inarguably, the program conveys what it means to be a creator, and to aid in bringing a creative idea to fruition as a packaged product. While the Quickstart Music program is not centered around copyright in particular, its approach to teaching provides importable techniques. The program’s immersion approach, in particular, is worth considering as a means of exposing students to the role of the creator/artist within the Digital Natives education program.

Lessons to Translate

Engaging students in the actual process of running a record label engenders understanding in a way that reading or completing worksheets about a subject could never do. Simultaneously, students are more likely to retain interest in a program that calls upon them to actively plan and create.

The inclusion of testimony from industry experts gives the ideas presented “real world” grounding. For example, students are able to see why industry professionals value copyright, rather than merely learning the rules in the abstract.

With each weekly seminar focused on a different aspect of the industry, students are given a new skill to take back to their “companies” after each class meeting. This approach keeps students engaged in the synthesis and application process throughout the program, while providing them guidance in the form of new ideas as they progress.

Remaining Questions

Considering the newness of the website, it will be interesting to see if it comes to play a more central role in the program. Allowing both program participants and others interested in learning more about the program, to hear music created during the course or watch video of in class activities would add further depth to Quickstart Music’s web presence. Providing example lesson plans, or a more detailed outline of the topics covered each week would also be helpful. As is, however, the website succeeds at promoting what looks to be an enjoyable, engaging program for students interested in the arts.


Just to clarify and add some relevant details:

1. The QSM programme is not just about record labels, the students set up music enterprises covering a range of different areas - labels, publishers, music management, and events. The website is designed as a taster, and a supportive mentoring/advisory resource re. videos from people across the industry, and is free to access by all young people, educators, etc. interested in music enterprise and related issues, not just those doing QSM. The programme is currently piloting in some UK schools with the website recently launched, and the national launch of QSM is envisaged by the end of 2008.

2. The Quickstart concept was designed by Young Enterprise to help deliver a curriculum requirement in the UK of work-related learning/enterprise, so it is not just for students interested in the arts. It is a resource that is bought by the school and delivered by regional Young Enterprise advisors going into the classroom, with support from business volunteers, and a detailed set of modules covering all areas of enterprise, many generic, e.g. logos, marketing, finance, etc., so participating schools receive all of the necessary support material. The emphasis is on 'learning by doing' (with music seen as a key means to engage young people). QSM has UK Government support and was highlighted in its recent strategy document on the creative industries 'Creative Britain: New Talents for a New Economy' with ip awareness recognised as a core skill for future creative entrepreneurs in this key sector of the economy. (http://www.culture.gov.uk/Reference_library/Publications/archive_2008/cepPub-new-talents.htm)

3. QSM will also have an online dimension (which we have just started piloting), linking with NUMU - a safe myspace style network in UK schools (http://www.numu.org.uk). This is designed to enable the companies to source talent and offer a contract to the artists/writers on the NUMU site, gaining a sense of intangible/royalty income with points accruing to both the enterprise and the creator everytime the song is listened to on the site. (The points can be used by the enterprise as capital towards their final event/product/service, and the winning artists will receive prizes). It is intended that over time the QSM website can evolve to enable young people to create QSM UGC with the companies uploading their music and audio-visual records of their experience.

4. Crucially, QSM is linking in with the secondary school qualification process by being mapped to a major new qualification that is launching in the UK from Sept 2008 - the creative and media diploma. It also fits with some existing curriculum requirements (including enterprise as outlined in pt. 2) and assessments, and other accreditation initiatives such as the Arts Council Arts Award.

5. QSM could also work as a model for other creative sectors - e.g. fashion, audio-visual, etc. - and we are beginning to consider how these strands could be brought together (and possibly link with other existing educational/vocational resources) to offer realistic experience of how the creative economy is evolving and deliver the portfolio of creative skills that young entrepreneurs in the creative economy need now and into the future.

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