2008 Conference

Workshop objectives

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.

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.