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Wednesday, November 23, 2011

Definition of "Fair Use" is unclear to me!

When listening to one of the videos for this week, an unclear statement that I heard was concerning the "Fair use act." The video describes four factors of the fair use act. One of the four factors mentioned was about the amount of information that can be "rightfully used." However, the speaker said that the amount of information that can be used is "not cut and dry." According to the governments own website (http://www.copyright.gov/) what constitutes fair use is even unclear to them:

"The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission" (U.S. Copyright Office, 2009).

So, whether a student should or should not plagiarize is not the unclear point. The unclear point is determining what infringement is and what fair use is. I am thankful for the Internet and the vast array of information that is accessible to me for "fair use." Upon graduation, I would like to be able to use the information gained through this degree to help the students that God places under my care to be able to make the most of technology in the field of education. It is unclear as to what, if any, changes/clarifications will be made to this Act. So, I think it is important for students to Learn the proper and ethical ways to use and cite all information that is obtained.


Reference:
U.S. Copyright Office. (2009). Retrieved on: November 23, 2011 from U.S. Copyright Office website: http://www.copyright.gov/fls/fl102.html/.

3 comments:

  1. Chris,

    Agreed. How do we best instruct students, regardless of age, to properly credit sources if the standards are defined as undefinable? It seems as if the Fair Use standards are little more than an attempt to satiate those who want to apply strict citation rules in digital environments while conceding that it will be nearly impossible to enforce those rules. It would be far more helpful to have more concrete standards to base things on.

    I guess this is where we have to try and impart wisdom and discernment, but even then any student who questions the ambiguity of the rules is correct.

    Joe Greene

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  2. Joe,

    I don't know how we correctly explain or define standards that are not clear!
    Thanks for your input
    I hope you had a good thanksgiving!

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  3. I agree. The Fair Use Doctrine seems unclear at times. Some say it was intentionally created to be ambiguous so that it can be a more general guideline. Giving credit to authors is certainly a first step in any case. But, like you said, giving credit is not always sufficient and is certainly not a catch all for curing your plagiaristic woes. :)

    Despite some of the uncertainty that will undoubtedly arise when dealing with copyrights, the important thing for educators is to stay privy of copyright laws, which are easily accessible to anyone with an Internet connection, and make every effort to give credit where credit is due. I will not say it is simple, but it is certainly achievable.

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