Paula Wyatt

MEDT 7490
Discussion on copyright

Why are copyright laws important? Three things I have learned:

New information and communication technologies have changed the way resources and
personal works circulate, and had a tremendous impact on the way these works are accessed
and used. High speed wireless networks have made it possible for works, images and
resources to be communicated almost anywhere. The end result being the opportunity for
access by an unlimited number of individuals at any given time to almost any document, image
or resource. In addition to merely accessing these works, copies can be made quickly, and
these copies can then be sent to other people around the world. Also, keep in mind that digital
works can be easily altered or even falsified. So, who or what, protects the rights of the author
of these works? This is where copyright laws come into the picture. Granted, the laws currently
in place may need revisiting due to the digital era in which we live, but they are in place for a
reason. The importance of protecting an authors rights isnt easy for some people to
understand. Many people disagree with having to pay in order to legally acquire the right to use
these resources. Likewise, creating a citation giving credit to the author seems at best difficult
for some people. The general consensus seems to be if its available on the Internet, or in print,
and I can copy it, its free for me to use, right? I, for one, appreciate and respect an authors
rights to their personal work. In my opinion, we should be respectful of another persons words,
thoughts and ideas. Perhaps many years of being a Media Specialist and having the role of
being the copyright police at my school has made me more conscientious and appreciative of
authors rights. In addition, consider this, if we do not respect these rights, where are the
guarantees of authenticity? What about the integrity of the content? How can we ensure that
neither the integrity nor the authenticity of the document has been compromised? Shouldnt
authors be entitled to credit either monetary or by citation for their work? Not to sound
indecisive on the subject, but switching gears, I also agree with the guidelines in the Fair Use
Doctrine and their application to copyright laws especially those that relate to educational
purposes.
According to Hawkins (2011), Fair use is not the same as free use, (p. 2). Fair use guidelines
allow for copyrighted materials to be be used without permission of the copyright owner
provided the use is fair and reasonable. There are many guidelines and rules in place that
determine what constitutes fair and reasonable use. My experiences in interpreting fair use
guidelines have mainly stemmed from an educational standpoint and have typically fallen under
the nonprofit educational purposes so I learned more about the other three factors from the
article. Another thing I learned, and confirmed, through the material we read is that what
constitutes fair use is often a balancing act and can be confusing at times. Admittedly, this has
been an issue for me. For this reason, I like the five questions included in the above referenced
article. I found them extremely helpful and wrote them down for future reference. I also found
the article Top 10 cases on Appropriation Art and the Law interesting, especially the Cariou v.
Prince lawsuit. Based on additional material I read, it appears that the court determined that the
images Richard Prince used were transformative and therefore not a copyright infringement.

Finally, so how do we protect our own work and the works of others?
Thats the million dollar question, I suppose. Perhaps we can be vigilant in our own efforts by
providing citations in our assignments and by teaching the students and the teachers we work
with the importance of following copyright and fair use guidelines. Also, we can encourage
students and teachers to use images from sites such as Creative Commons and cite them
accordingly.
Finally, when using another persons work and in doubt, obtain the proper permission in order to
protect yourself.
Resources
Boucher, B. (2014, March 18). Landmark Copyright Lawsuit Cariou v. Prince is Settled. Art in
America. Retrieved from http://www.artinamericamagazine.com/newsfeatures/news/landmark-copyright-lawsuit-cariou-v-prince-is-settled/
Hawkins, S. (2011, November 23). Copyright fair use and how it works for online images.
Retrieved from http://www.socialmediaexaminer.com/copyright-fair-use-and-how-itworks-for-online-images/

Katyal, S. (2014, February 24). Top 10 Cases on Appropriation Art and the Law. Inside
Fordham, 36. Retrieved from
http://legacy.fordham.edu/campus_resources/enewsroom/inside_fordham/february_24_2
014/top_10_cases_on_appr_94562.asp