Thomas Tobin, a copyright expert in academia, tackles the often daunting world of copyright issues educators face. He emphasizes that not all copying is permissible, urging a shift from fear to informed discussions about fair use. Tobin highlights the transformative role of Creative Commons licenses and innovative projects that support sharing educational resources. With a fascinating analogy using comic art and martial arts, he creatively simplifies the complexities of copyright law, making it relatable and accessible for educators.
Understanding copyright in education requires navigating misconceptions about fair use, as many educators mistakenly believe academic status permits unlimited copying of materials.
Creative Commons licenses provide valuable options for educators to share their work while retaining rights, enhancing collaboration and clarifying ownership in the digital age.
Deep dives
The Evolution of Copyright Understanding
The podcast addresses how perceptions of copyright have shifted over time, particularly in higher education. In earlier years, many educators operated under the belief that they had broad freedoms to copy materials under the notion of fair use, often leading to permission being overlooked. The conversation highlights that the ease of making copies in past decades has changed significantly with increased digital access and scrutiny of copyright laws. This evolution necessitates a better understanding of copyright ownership and fair use, especially after the sudden shift to online learning due to the pandemic, which revealed the complexities of ownership regarding created materials.
Common Misconceptions About Fair Use
The episode identifies prevalent misconceptions about copyright among educators, such as the overly simplistic view that being an academic equals an unlimited right to copy materials. Contrary to this belief, fair use is no longer a definitive right and requires a nuanced understanding of various factors, including the purpose and amount of work being copied. Furthermore, the podcast clarifies that the often mentioned '10% rule' holds no legal grounding and that fair use depends more on the context and justification for the amount used. This nuanced perspective encourages educators to engage in a thoughtful fair use argument rather than relying on outdated rules of thumb.
Licensing and Creative Commons
A significant portion of the discussion revolves around the options available through Creative Commons licenses, which offer creators ways to share their works while retaining certain rights. These licenses allow creators to specify conditions for use, including non-commercial stipulations or requirements for attribution. The conversation emphasizes the importance of understanding how these licenses can enhance sharing and collaboration while clarifying what rights creators retain or relinquish. This aspect of copyright management is particularly relevant for educators looking to navigate the new landscape of digital content sharing and ensure their and their students' rights are protected.
Ownership of Educational Materials
The podcast navigates the intricate question of who owns educational materials produced by faculty members within institutions. It presents the principle that if materials are created during employee time using institutional resources, ownership typically belongs to the institution. However, there remains a tradition in many educational settings that acknowledges faculty ownership of their course materials. The conversation also raises important considerations for collaborative efforts in course design, highlighting the potential for conflicting ownership claims among faculty, adjuncts, and institutional support teams in educational environments.
Thomas Tobin shares about copyright for the rest of us on episode 411 of the Teaching in Higher Ed podcast.
Quotes from the episode
Just because you are an academic and you made a copy doesn’t mean it is for an academic purpose.
-Thomas Tobin
We hear more about what you can’t do, rather than what you can [when making copies of materials].
-Thomas Tobin
[As a layperson, I can tell you that] the law is the last resort. The law only applies when there is no other permission or license in place.
-Thomas Tobin