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The Edjurist - Information on School and Educational Law - Blog - Teachers Selling Lesson Plans - What Legal Issues?
I just posted this comment on Tom's site, so some of it refers to the particular verbiage in his post/comments, but I thought I'd add it here as well. Again, please keep in mind this is very much not from a legal perspective, but from a "what's best for kids" perspective.
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OK, I’m not a lawyer, nor particularly knowledgeable about copyright, so this is likely to be a naive comment, but bear with me as I look at this from a teacher’s perspective. I’m curious as to your (Tom and everyone who’s commented) take on “whether or not it is actually a good idea.” Because after reading through all the links, my guess is that it does currently fall under “work for hire,” yet I (and I would bet most teachers) have a visceral reaction to that statement – it just feels wrong (I’m still trying to analyze my own feelings of why it feels so wrong to me).
So, to me, I guess the more interesting question is (since copyright is an area that I believe is going to have to change to reflect shifting circumstances - relying on Lawrence Lessig’s work here) should teachers’ work belong to the employer? According to the <a href="http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution#Section_8:_Powers_of_Congress">U.S. Constitution</a>, the intent of copyright is "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." So, my very non-legal and non-technical question/argument is, does conveying the rights to teachers’ work to their employer “promote the Progress of Science and useful Arts?” To keep this simple(r), I’m thinking of this in terms of public, K-12 education. To me, it seems like treating this work as the property of the employer actually impedes progress (again, not trying to make a legal argument, just trying to get my head around this). With schools (and school districts) increasingly being viewed as a competitive model, I think “hindering a school district’s commercial interest” could
Tuttle SVC: Regarding Selling Lesson Plans
OK, I’m not a lawyer, nor particularly knowledgeable about copyright, so this is likely to be a naive comment, but bear with me as I look at this from a teacher’s perspective. I’m curious as to your (Tom and everyone who’s commented) take on “whether or not it is actually a good idea.” Because after reading through all the links, my guess is that it does currently fall under “work for hire,” yet I (and I would bet most teachers) have a visceral reaction to that statement – it just feels wrong (I’m still trying to analyze my own feelings of why it feels so wrong to me).
So, to me, I guess the more interesting question is (since copyright is an area that I believe is going to have to change to reflect shifting circumstances - relying on Lawrence Lessig’s work here) should teachers’ work belong to the employer? According to the <a href="http://en.wikipedia.org/wiki/Article_One_of_the_United_States_Constitution#Section_8:_Powers_of_Congress">U.S. Constitution</a>, the intent of copyright is "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." So, my very non-legal and non-technical question/argument is, does conveying the rights to teachers’ work to their employer “promote the Progress of Science and useful Arts?” To keep this simple(r), I’m thinking of this in terms of public, K-12 education. To me, it seems like treating this work as the property of the employer actually impedes progress (again, not trying to make a legal argument, just trying to get my head around this). With schools (and school districts) increasingly being viewed as a competitive model, I think “hindering a school district’s commercial interest” could get pretty broadly applied, and – should “work for hire” hold up – teachers would be prevented from taking stuff they developed to another, competing school district (or charter school, or private school for that matter).
In other words, from my own naive and unrealistically i
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"The Freesound Project is a collaborative database of Creative Commons licensed sounds. Freesound focusses only on sound, not songs. This is what sets freesound apart from other splendid libraries like ccMixter. New to this site? Read the What is Freesound page to learn more!"
MediaBerkman » Blog Archive » Radio Berkman 137: Cory Doctorow – In Defense of ©
"Is the fate of books a forgone conclusion? Will they just continue to make their way out of print and into digital form? This week’s guest, author Cory Doctorow, suggests that we might want to keep books in print for a little while longer. Not just out of nostalgia – but actually to protect the institution of copyright.
Cory Doctorow — a longtime supporter of remixing and free culture, who releases his books under Creative Commons licenses — now throws his weight behind copyright. Huh?"
copyrightfriendly - home
"Most of the media in these collections are attached to generous copyright licensing. Though you may not need to ask permission to use them when publishing on the Web for educational purposes, you should cite or attribute these images to their creators unless otherwise notified! If you see any copyright notices on these pages, read them for further instructions."
News: A Call for Copyright Rebellion - Inside Higher Ed
"The manner in which copyright law is being applied to academe in the digital age is destructive to the advancement of human knowledge and culture, and higher education is doing nothing about it.
That is what Lawrence Lessig, the Harvard University law professor and renowned open-access advocate, told a theater of higher ed technologists Thursday at the 2009 Educause Conference here. In his talk, Lessig described how digital and Web technology has exploded the conditions under which copyright law had been written."
Creative Commons: for happier image searching - NeverEndingSearch - Blog on School Library Journal
New Fair Use Code of Practice: A Call to Action - NeverEndingSearch - Blog on School Library Journal
Avast Ye, Downloaders: The Pirate Czar Is Coming : NPR
Beware, music copiers and furtive downloaders of obscure reality shows: the Pirate Czar is coming.
Q&A: What Will The Intellectual Property Czar Do? : NPR
While Congress was embroiled in the battle over the financial bailout bill, both houses somehow managed to overwhelmingly approve legislation backed by the entertainment industry. The bill will help step up enforcement efforts against intellectual property theft.
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