Copyright, like politics, is local. Or at least that's how we've been approaching it. When we talk about designing content we generally apply the law of copyright as understood in our own backyard. This, of course makes sense. Designers, instructors, and institutions need to make sure they are compliant with the rules of the land in which they reside. Well, it used to make sense anyway. But institutions, at least the ones that want to survive deep into this century, are really not local entities anymore. They are more like world-wide organizations with branch offices, in the form of campuses and individual students, dotting the planet. So do we need to change how we approach the matter of copyright and fair use?
I've been thinking a lot about this question since sitting in on two sessions the first day of the Open Education Conference and I've starting to get an inkling that we may be tackling this issue at the wrong level. For example, say I'm designing content for an art class that will be taken by students here in the states as well as by students living in South Africa, I need to make certain that the materials I use meet the copyright guidelines of each country. Now we add a student from Holland so there are three sets of laws to comply with. And what if parts of the laws are incompatible or contradictory? Now think about this when talking about educational resources that are freely available world-wide. How can we as individuals reasonably be expected to ensure all standards are met? Would it be easier if we kicked the issue up a few levels?
I'm thinking something along the lines of what was done over in Europe to standardize the degree process. The Bologna Process was a decade long initiative where colleges across Europe came together and worked out what it took for a degree to be awarded. Well can we do the same thing with regards to copyright and fair use? Is it possible for universities from across the globe could come together and produce something along the lines of a manifesto that says, "This is the access to content we need if we are to successfully educate our students." Couldn't we then present it to UNESCO and see what happens?
I don't know. Reading what I just wrote seems a bit naive and simplistic. And I know more learned minds than mine have thought long and deep on the subject. But it does seem to me that if we are to truly create an open educational environment we need to raise the place where the discussion is taking place.
I've been thinking a lot about this question since sitting in on two sessions the first day of the Open Education Conference and I've starting to get an inkling that we may be tackling this issue at the wrong level. For example, say I'm designing content for an art class that will be taken by students here in the states as well as by students living in South Africa, I need to make certain that the materials I use meet the copyright guidelines of each country. Now we add a student from Holland so there are three sets of laws to comply with. And what if parts of the laws are incompatible or contradictory? Now think about this when talking about educational resources that are freely available world-wide. How can we as individuals reasonably be expected to ensure all standards are met? Would it be easier if we kicked the issue up a few levels?
I'm thinking something along the lines of what was done over in Europe to standardize the degree process. The Bologna Process was a decade long initiative where colleges across Europe came together and worked out what it took for a degree to be awarded. Well can we do the same thing with regards to copyright and fair use? Is it possible for universities from across the globe could come together and produce something along the lines of a manifesto that says, "This is the access to content we need if we are to successfully educate our students." Couldn't we then present it to UNESCO and see what happens?
I don't know. Reading what I just wrote seems a bit naive and simplistic. And I know more learned minds than mine have thought long and deep on the subject. But it does seem to me that if we are to truly create an open educational environment we need to raise the place where the discussion is taking place.
Leave a comment