Fair Use. Such a
simple idea that is incredibly hard to define. We have our four rules:
1 The purpose of
the use (commercial versus educational),
2 The nature of
the work (imaginative or entertaining versus factual or reportorial),
3 The amount and
substantiality of the portion used (most of the work or the heart of the work
versus a small portion of it), and
4 The effect on the market (is the creator
losing a potential audience versus is the creator gaining a potential
audience).
but even with these guides, many works are
increasingly hard to define. At the university level this becomes more muddled
because most work begins as educational but many then go on to serve more
purposes. The University has rights to certain levels of regulations. If they
want to block websites that allow downloading that's fine because they provide
free internet. Anyone using this should have to respect their rules because
other options are available. If you can't handle the restrictions, McDonalds also
gives free wifi without any regulations. Also, it could be said that WSU is
simply trying to protect themselves from ending up like the young man Lessig
mentioned. These standards are fine. The most interesting relationship is
between professors and their students.
Alex
Jarvis described himself as a 'Voluntarist' meaning that human actions should
be voluntary. I think that this philosophy should be applied to work created by
students and professors. By Lessig's, (and the law's), definition anything I
create in a fixed form is mine. If I create a blog and use it to respond to
questions from class, I have copyrights to those words. Now if a professor
wants to use some of this writing as an example, should he have to ask my
permission? I think this would depend on the use. Most of the time I think
students should grant someone like a professor fair use. If they are using it
to further the education system that a student is already a part of, then it
should be free. Quotes from work, screen shots of a blog, etc. Attribution
should be required but no monetary compensation. People should allow
educational works to enhance further educational works. However, when the
Professor makes money from a textbook he wrote using some work from his
students, what happens then? Again, if he quotes a student and references their
work, then it should be ok. If he takes an idea from the student's intellectual
property and then writes and entire chapter based on that idea, then maybe the
student should receive compensation.
We will always have copyright laws. They are
unavoidable and so in that regards we need more regulation but the right kind
of regulation. There are so many types of intellectual property and the uses
differ even greater and the law needs to account for these subtleties. We
should stay away from large general policies and focus on defining what
situations are considered stealing. As a culture we should decide to what
extent sharing/borrowing/stealing ideas should be allowed.
Side note:
A general "Don't be a dick" policy
would be fantastic. People are getting too worked up about laws and retribution
and they are failing to simply work together as a society. Hopefully a younger
generation, built on piracy, will have better attitudes towards copyrights as
they age and enter the professional market. I don't think anyone who has ever pirated
a song or movie could be a jerk towards someone borrowing from them.
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