Exploring E-safety and Ethics

Copyright in the Classroom

I shall now explore further the issues surrounding copyright when using varied mediums in a school context. First of all, teachers may be surprised to learn that current copyright law derives from the Copyright, Designs and Patents Act of 1988, making it undoubtedly outdated given the increasingly digital age that we live and teach in.

The scope of copyright is very varied and provides creators of a number of mediums, from literature to sound recordings with the right to control where their material is accessible as well as to be acknowledged as the author. This, however, may not be so easily achieved given the new technologies that have emerged since the 1980s. Looking further to how copyright has expanded to suit varied internet use, the UK Copyright Service (2013) clarifies that It makes no difference how the work is stored or published, copyright law still applies. Taking just 2 or 3 pictures from a storybook may be acceptable in some cases, yet this may not extend to sites such as TES online where resources are shared. To reflect this, materials such as computer programs are protected as literary works.

For instance in relation to right number 6 on acts restricted by copyright, it is clearly stated that it is an offence to copy the work or to perform, broadcast or show work in public. For a teacher, this provides a distinction, as anything for setting or answering examination questions and performing, showing or playing work within the school does not demand a license, yet if this were to include parents in the audience then a license would be needed (Intellectual Property Office, 2011).  

Although it may seem that teachers are prevented entirely from using any image, video, or content from another website in their classrooms, there may be allowances in an educational context so long as the rules of fair use are followed. This acknowledges the valuable role of copyright in protecting the hard work of others yet allows for greater creativity and meeting of educational goals. The key, therefore is for educators to be aware of the meaning behind fair use. For instance, when using PowerPoint to create multi-modal texts with or for children, it may be a reasonable consideration to include a reference slide at the end of a presentation or instead challenge children to draw their own images after being read a story. UKCS (2013) clarifies that when using photographs and designs the teacher should place a notice at the bottom or on the reverse of the work.

This fair use policy provides teachers with more access to using pictures and other media content within their classrooms (Davies, 2012). While this does not mean that teachers may use and distribute other people’s work, it does mean that teachers can use content from the internet or varied sources without worrying that they are committing a crime (VRA, 2008). They clarify further that the value of this ‘Fair Use’ clause in copyrighted material, is to ensure that potential learning is not hindered or infringed. As highlighted in the previous blog post, the teacher must use their common sense to qualify what is acceptable as concessions do not permit the copying of the whole or major parts of copyrighted material, yet there is no specific percentage or quantitive measure to guide them. Looking at what this means for my future practice, the UKCS factsheet (2013) suggests that I may photocopy, retype or scan text or images to display electronically such as on the Interactive White Board from an original journal or periodical. If the school owns the original publication, this extends to 5% at most.

Also looking at the ethics surrounding copyright, it may be appropriate to introduce children to the concept of ownership and how using copyright protected material can be unethical, perhaps relating this their own rights as outlined in the United Nations Convention on the Right of the Child (UNICEF, 1989) which they may be familiar with (Bell, 2010). This is not to say that copyrighted material cannot be used, again, referring to the fair use clause, yet ultimately teachers and children need to be careful with the way the material is presented and distributed (Davies, 2012).

There are also useful resources online to gain insight to what may be achieved in accordance with copyright, such as

http://www.copyrightandschools.org/#

http://www.copyrightsandwrongs.nen.gov.uk/schools-a-copyright/fair-dealing

References

Bell, J. (2010) Doing Your Research Project: A guide for first time researchers in education, health and social science. Berkshire: Open University Press.

Copyright, Designs and Patents Act (CPDA) 1988; Fair Dealing and Education Exceptions. See Part 1, Chapter III, 28 - 31 and for Education 32 – 36 .

Davies G. (2012) General guidelines on copyright. In Davies G. (ed.) Information and Communications Technology for Language Teachers (ICT4LT), Slough, Thames Valley University [Online]. Available at: http://www.ict4lt.org/en/en_copyright.htm [Accessed 05-03-14].

Intellectual Property Office (2011) Copyright: Essential Reading [Online] http://www.ipo.gov.uk/c-essential.pdf

UK Copyright Service (UKCS) (2013) UK Copyright Law Factsheet No. P-01 (Online) http://www.copyrightservice.co.uk/ukcs/docs/edupack.pdf

UK Copyright Service (UKCS) (2004) Copyright Law fact sheet P-09 : Understanding Fair Use

UNICEF (1989) The United Nations Convention of the Rights of the Child, London: UNICEF UK.

VRA (2008) Visual Resources Association: Statement on ‘The Fair Use of Images for Teaching, Research, and Study, Visual Resources Association [Online] accessed on 9.03.14 at http://www.vraweb.org/organization/pdf/VRAFairUseGuidelinesFinal.pdf