The Perils of Copyright Law

 

 

 

 

 

 

 

The Perils of Copyright Law

Nanette Bertoni

September 23, 2013

 

 

 

 

 

 

           

 

 

 

 

 

 

 

 

Abstract

This paper explores my personal view on education in the Unites States and its thorny relationship with copyright law. The question being asked today in the twenty-first century is, “Is the copyright law in America a hindrance to education?” I will say “yes” to this question. I will point out that copyright law has become so bloated with legalism and economic self-interest that teachers are in danger of breaking the law if they do not appropriately “cough up the fees” when referencing work or information produced and or gathered by another party.

The Perils of Copyright Law

by Nanette Bertoni

            Imagine a classroom today if the teacher demanded that each and every student, with their parents, had to pay for access to information presented. To add insult to injury, students and parents would be forbidden to share the learned information to anyone outside of their family. Instead of coming to class eager to learn, students would be only permitted to enter when the fee was paid at the door and legal documents signed.  Poor families and children would be denied access to basic information. These families then would not be able to read the documents required to obtain access to the information.

            David Wiley in his article Openness as Catalyst for an Educational Reformation said, “For the authors of content, resources, courseware, or textbooks, being open is about overcoming the inner two-year old who constantly screams: “Mine! You can’t have it! It’s MINE!” Unfortunately, modern law and college/university policy tend to enable this bad behavior, allowing us to shout “Mine!” ever more loudly, to stomp our feet with ever less self-control, and to hit each other with ever harder and sharper toys. Throughout our tantrums, society soothingly whispers that unbridled selfishness is a natural and therefore appropriate feeling” (p. 16). He clearly implies that our society has been reduced to two year old behavior when it comes to our creations in art and literature.

            The educational system in this country has not helped the situation. Many administrators and teachers failed to speak up and challenge copyright laws that where being modified and created. Again David Wiley stated, “If a teacher is not sharing what he or she knows, there is no education happening. In fact, those educators who share the most thoroughly of themselves with the greatest proportion of their students are the ones we deem successful… Education is sharing” (p. 16). Why then have we allowed the prevailing selfish behavior of seemingly unending restrictions imposed by copyright law? Let us look at this from an historical perspective.

            In Lawrence Lessig’s article Getting Our Values around Copyright Law, he quotes another author saying, “At the turn of the century [1900], U.S. copyright law was technical, inconsistent, and difficult to understand, but it didn’t apply to very many people or very many things” (p. 28). He again quotes, “Ninety years later, the U.S. copyright law is even more technical, inconsistent, and difficult to understand; more importantly, it touches everyone and everything. . .” (p. 28). It would appear that copyright law has not improved with time. The only thing that has changed is that it affects almost everyone and everything.

            If copyright law is detrimental to education, why is it allowed? The answer is complicated. I believe that indeed selfishness is a factor but also protection from someone else making a profit on one’s own work is a key factor. In trying to protect the creator from being taken advantage of by a non scrupulous person, we have gone overboard in the laws created.

            Without sharing knowledge, we remain ignorant. Allowing information sharing, without fees, in an educational setting would greatly improve an overburdening system. Education continues to struggle with ever shrinking budgets and copyright laws continue to make access to information more difficult and fiscally out of reach.

            Change happens slowly. With the creation of the Creative Commons project, information and knowledge is being made available free of charge. Authors and artists are giving their creations to this project for the purpose of sharing. So perhaps what we learned as children can be put into practice, “Share your toys and be nice to each other.” Sharing is a good thing and knowledge is for everyone.