Copyright Clarity: How fair use supports digital learning by Renee Hobbs
Hobbs overview of copyright law, specifically as it pertains to education (primarily K-12 but also very applicable to higher ed), is incredibly helpful to understanding what instructors and students can do with digital media. Her inclusion of examples, examples that included the ‘can we digitally publish this’ were so helpful to all grade levels, with various levels of technology access.
This book can be a quick read. I’ve previously read Hobbs’ Digital and Media Literacy text so some of the text was carry-over from media literacy ideas, but there is a need to read both texts as the focus on copyright raises important questions to help students understand their freedom in copyright (hint: it’s not everything, but it’s pretty darn close). The quick read comes from the overlap in chapters 1 and 2 – these were fairly repetitive with so much “we’ll deal with this specifically in chapter 3 (or 4 depending on the concept)” that I breezed through the chapters in 30 minutes. Similarly, I spent little time with chapter 5 as it deals specifically with film. I use videogames more frequently in my work, and the required play of videogames shifts this conversation significantly so I didn’t find helpfulness. However, this is a really helpful chapter for other scholars and teachers.
The focus in this book is on the idea of transformativeness, attention to the creative process and how the original was was used, repurposed and reused as it relates to Fair Use. What I found most important from this are the questions that educators should be asking about their use of media – AND teaching to their students.
Hobbs wants educators to consider (paraphrased from page 48):
- Did their use (their = student/educator) ‘transform’ the work for a different purpose – or did it copy the original intent and value?
- Was the amount of the original material used appropriate given the copyrighted work and original use?
The goal with these questions is to highlight the necessary ambiguity in copyright law to allow intellectual sharing and protection – while also highlighting the important work education and assignments (therefore students) can and should do with cultural material.
There are several things happening here of incredible importance. The first, and Hobbs notes this in chapter 1, educators need to engage students with cultural materials. Students engage with culture everyday, mostly unconsciously, we are in an excellent position to help them consider the ways they engage culture, the ways the create (and can create) culture, the ways they need to be critical of their own cultural engagement.
Second, for this to work students need to think critically. I had a class in the Spring that struggled with critical engagement. They wanted the right answer – in a composition course. Then tried to write 5 paragraph essays for their final research essays. None of my examples resonated with this group – they continued to culturally turn off. I have ideas for using Twitter more effectively in future semesters to ask students to bring the culture for critical engagement. My only criticism for Hobbs would be – every example included shows things going so well. What happens when we have the off-teaching day where the critical engagement for the entire class isn’t there. For higher education educators one day can be such a huge portion of the curriculum. (The Digital and Social Media text had a few examples of things not working and on the fly decisions that went well – but sometimes even those on the fly don’t work, what then???? How do we reengage? a timeless pedagogy question I know!)
Finally, students have a lot freedom to use existing media (as long as they critically consider the use). We need to empower them to understand this! I love this concept – I will rely on this concept in future semester. But, I worry about the transfer of these skills. Do I think students who get it can successfully navigate these questions and consider Fair Use – absolutely. But from a book littered with examples of teachers setting strict boundaries on use due to their misunderstanding of Copyright law – what happens when I send my student out into the world and their Physics teacher considers their Fair Use of a Schrodinger Cat meme plagiarism? I understand this example is borrowing trouble (use of colloquial saying intentional) – but as I transition my composition syllabi to a more obvious Teaching for Transfer model, I’m stating the underlying goal as the transfer of understanding of writing (and digital media) practices. I want students to actively and consciously transfer good writing practices developed in my class. But what happens when good digital media practices are considered plagiarism?
Overall, I found much to enjoy with this text. As I began this review my intent was to focus on transformativeness. I see so much possibility for this in the composition classroom. But, as I began writing about this idea I also have so many questions. I look forward to exploring this further as I put together my composition syllabi for Fall semester.