I can't say that I agree with the copyright laws or the definition of what is and is not fair use, but I am sure that the laws were set up with the best of intentions. Seventy to a hundred years seems excessive. It seems that the bulk of the protection needs to cover only a few years and that some rights and protections should drop off sooner. With such an extended period, even the ability to locate the copyright holder would be diminished.
Perhaps my logical analytical side is running on overload, but when I look at the definition of fair use, I have to wonder if it is really possible to justify usage under the current definition. If the test is, if you are teaching a unit and you are using copyrighted material, can you teach the lesson without the material, then I doubt it is all that common. Educators, by nature, are extremely resourceful individuals and there is usually more than one way to skin a cat. (Mathematicians tend to think a lot like attorneys.) However, many laws, established with the best of intentions, fail to see the full picture. I for one, find the stoplight quite useful, except in the middle of the night in the middle of nowhere, when I have been sitting at a light waiting for it to change. As I see it, the best alternative is permission, so make it easier to get or more people will break the law.
Creative Commons is like a flashing red light in the middle of the night. It doesn't mean you don't have to obey the law, it just adds a little common sense to the situation. Creative Commons is a good solution for all those concerned. Most of us want to share our work, but we don't want to be taken advantage of. CC makes it possible to share, but still retain some control over your work. It would be wonderful if more artists would voluntarily submit to this common sense approach.
Perhaps my logical analytical side is running on overload, but when I look at the definition of fair use, I have to wonder if it is really possible to justify usage under the current definition. If the test is, if you are teaching a unit and you are using copyrighted material, can you teach the lesson without the material, then I doubt it is all that common. Educators, by nature, are extremely resourceful individuals and there is usually more than one way to skin a cat. (Mathematicians tend to think a lot like attorneys.) However, many laws, established with the best of intentions, fail to see the full picture. I for one, find the stoplight quite useful, except in the middle of the night in the middle of nowhere, when I have been sitting at a light waiting for it to change. As I see it, the best alternative is permission, so make it easier to get or more people will break the law.
Creative Commons is like a flashing red light in the middle of the night. It doesn't mean you don't have to obey the law, it just adds a little common sense to the situation. Creative Commons is a good solution for all those concerned. Most of us want to share our work, but we don't want to be taken advantage of. CC makes it possible to share, but still retain some control over your work. It would be wonderful if more artists would voluntarily submit to this common sense approach.
Dear Anne,
As I read your blog, and the comments of others, I too like your analogy with the red light and the flashing red light. I also noted your ambivalence to the copyright law which to me is quite understandable. There is a saying, by whom I do not know,nor recall, but it is said "The road to hell is paved with good intentions." By the good intentions to protect innovation and creative thought, it seems there has been a wall built round the wall of protection to prevent nearly any use by others at all and to the detriment of our society. If the premise that all cultural expression is built on the foundation of those who have gone before, then this generation of students will not have a right to learn and grow from the "use" of the materials used before unless there is a major change in the system, or an alternative offered. And suddenly: TA! DAH! Creative Commons appears as an answer to this harsh dilemma. Perhaps creativity will win out after all.
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