Copyright law is an extensive and complex subject. Rules change with time, and also vary from one country to another. Although "all rights reserved" and "public domain" seem fairly straightforward, rules (such as what constitutes "fair use," when and how copyrights expire, and what is automatically copyrighted or automatically in the public domain) may vary from one type of work to another and from one country to another. Licenses that permit certain types of use or certain degrees of sharing, altering, and remixing, can also have different ramifications depending on the type of creative work. (For example, some rules or licenses are more relevant or useful to video creations, while others are more pertinent to protecting or sharing written works.) Your class may also be planning to enter creations in contests, display them locally or on a particular website, or submit them to magazines or other edited publication venues, all of which may constrain or affect the licensing that you would want to choose. In short, I cannot even begin to provide here all of the copyright and licensing information that might be pertinent to your project.
As the instructor, you may choose to investigate the subject and create a presentation about relevant licenses for the creative activities in your classroom. If it is feasible, however, I recommend turning this step into a hands-on, active-learning class inquiry on the subject. This should help engage students in the presentation and discussion, and will also help them learn how to find this type of information when they need it.
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Goals - The students will practice investigating, thinking critically about, and presenting arguments concerning, the legal, ethical and creative aspects of intellectual property.
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Grade Level - Recommended for secondary and adult students
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Student Prerequisites - Students should possess the skills necessary to conduct an independent literature search.
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Teacher Expertise - Expertise in copyright law is not necessary. Be prepared to help students locate resources and to guide them in critically thinking about the usefulness and trustworthiness of the sources they find.
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Time Requirements - Allow at least two weeks with few other assignments, for the students to organize, research, and create their presentations. Schedule some in-class time during which the group can work on their presentations while you check in with each group to ensure that they have been doing their research and that they are critically evaluating their sources and their findings.
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Objectives - In response to a set of questions, each group of students will cooperate to locate relevant sources of information, critically evaluate the usefulness of each source in answering the questions, and create an accurate and well-reasoned presentation to educate their classmates on what they have learned. Students in each group will also engage with other group's presentations, asking pertinent questions and discussing their findings.
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Evaluation - You can assess each group's learning based on the extent of their research, evidence that they evaluated their sources or their prior assumptions thoughtfully and critically, the quality of the presentation, ability to answer questions about their presentation, and thoroughness of any written report and reference list.
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Adaptations - For younger or less experienced students, you can simplify the investigate task by providing a list of approved resources, or by providing copies of the resources and scheduling time for research during class when you can answer questions and help them locate what they need.
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Extension - Extend the activity by asking each student to choose a specific example of the reuse or reworking of a creative work to research and write about, with a focus on the effects of copyright freedoms or restrictions. Examples of possible subjects: a reworking of a famous story, such as H. C. Anderson's Little Mermaid or Shakespeare's Romeo and Juliet; the rules regarding the reproduction of a famous work of art, such as the "Mona Lisa"; or the negotiations over movie rights to a famous book, for example the Harry Potter books and movies.
- You will begin this activity by introducing the research assignment. Explain that the students will be choosing a publication license for the works that they have been creating, so they need to understand what the options are, and the ramifications of each option, for the creator and for others.
- You can pique interest in this activity by presenting some facts, stories, history, and/or news items that your students will find relevant to their personal and creative interests and to this class project. The list of resources is a good starting point for finding information that will get the attention of the students.
- Explain that each group will research a specific type of licensing that is relevant to your project. Tell them the date of the discussion class period, and explain that they should arrive to that class ready to give a formal presentation and to answer any questions their classmates will have about it. Hand out copies of the research questions and your expectations for the research and the presentations (for example, minimum numbers of research sources or time limits on presentations).
Divide the students into groups. Each group is expected to research one area of interest and prepare a presentation on the answers they find, to be given during Activity 2. My suggestion is to divide the class into at least three groups and give each group one of the following: public domain; all-rights-reserved copyright; Creative Commons sharing licenses; any other sharing licenses that are relevant to your project (as the teacher, check into this before you make group assignments).
- What are the basic rules of this type of license?
- What does it mean for the creator?
- What does it mean for the people who would like to enjoy the work?
- What does it mean for other creators who would like to make a new creation based on a work with this license?
- Give at least two good reasons for choosing this type of license.
- Give at least two good reasons not to choose this type of license.
- Does your country have laws limiting the ability to choose this license, providing this license automatically to published works, and/or providing a time limit after which the license expires? What happens to the work if the license expires? What do you think are the reasons for these laws? Do you think these laws have any unintended consequences? (Back up your thinking with evidence and/or with well-reasoned arguments created by the group or published by others, and be sure to provide proper citations!)
- What are some famous works with this type of license that are the same type of works that the class is creating (e.g. poetry, pop songs, videos, etc.)?
Relevant resources will depend on your particular project, but here are some suggestions to help get you started.
- The Copyright for the Rest of Us course in Connexions is intended to be an introduction to the subject for high school and college students.
- The Creative Commons website has information about open licenses, including videos introducing the idea, and detailed information about each type of license.
- Stanford University Library provides information about both public domain and fair use of copyrighted materials.
- The National Association for Music Education website has a copyright center with a great deal of information aimed at helping music teachers navigate copyright issues pertaining to student performances and recordings.
- The Music Publisher's Association website has a copyright resources center featuring a guide to researching the publisher or copyright holder of a piece of music.
- The Public Domain Project is a source for public domain and royalty-free music
- James Boyle's The Public Domain: Enclosing the Commons of the Mind (2008, Yale University Press) explains the implications of various aspects of copyright law and their impact on culture and creativity, and makes good arguments for a strong and healthy creative public domain.
- Lawrence Lessig's Free Culture (2004, The Penguin Press) recounts the history of intellectual-property law, including some very instructive and engaging stories which students might enjoy. He also details the consequences of current laws and makes a well-reasoned argument for policies that allow, encourage, and reward creative activity by individual citizens rather than favoring powerful media corporations.
As a group, the students should create a presentation that will clearly relate to the rest of the class the most important points that they have learned in their investigations. You may want to also require a written report that includes their answers to all of the research questions, and a reference list that includes all of the resources they used. The type of presentations you permit will depend on your goals for this activity as well as the equipment available to you and your students. You can require a particular type of presentation, or give groups a choice of format. Here are some suggestions for possible formats:
- Poster or other visual presentation of their findings, with students taking turns speaking about the most important points
- Powerpoint or other computer-based slide presentation, with student taking turns speaking about the information on the slides
- Audio/video presentation or web tour, narrated by the group
- Blackboard/whiteboard/overhead-based lecture with handouts, prepared and presented by the group
- Mini-drama, acted out by the group, illustrating the most important information they have learned, accompanied by a more formal written report to be turned in to you
- Poem, song, story, or visual work featuring what they have learned, to be presented and explained to the class, accompanied by a formal written report to be turned in to you
Groups will share their presentations and reflections in the presentation/discussion activity (in the following section).