Hi there,
I want to build a website for the History of Music class I am teaching at the local high school. I would like to post all of the course material for the class on the website, but I don’t know what I’m allowed to use. I want to include some books, news articles, scholarly papers, musical scores, and music recordings. How can I figure out what I can and can’t use?
Actually I would start with an analysis f the uses of the works and then analyze whether it is fair use as much of it likely is as a fallback I would go to PD and various archives since he is teaching history. PD archives Maybe limited if you are looking for something specific - much may not meet the standards expected of a History course in some institutions. and the composer is not yet dead 70 years. Source material readily available in public domain problem would be anything in the last 70 years.
Can we assume that this website is accessible to the general public as well? If the students have to log on then the information is only available to the class and the rules change a bit.
If I were teaching the history of music I would want to ensure that I could instruct using works from the last 50 years so I would limit the website to within the class to have complete flexibility for my students. I am not saying it should be this way. With any luck a significant amount can be found in the commons but what about stuff that isn't? Seems to me that's the point of fair use - enabling educators to use material for legitimate learning purposes without fear. Would either of you in your respective disciplines accept being taught from materials that were almost as "good" as but available on wikimedia rather than say what is actually the seminal work in your given area.
Lastly, since neither of you answered my query, the term copyleft is misleading because it suggests that Creative Commons (and others) are not part of copyright which is emphatically not the case as you both know I am sure. It also reinforces the divisive language that is used by the industry to antagonize users - it is language that disempowers rather than empowers which is the point of education it seems to me.
"Would either of you in your respective disciplines accept being taught from materials that were almost as "good" as but available on wikimedia rather than say what is actually the seminal work in your given area. "
Yes, without hesitation. There is no mutual exclusivity separating works in the collective sphere (e.g. Wikimedia) and 'seminal' works in a given discipline.
"the term copyleft is misleading because it suggests that Creative Commons (and others) are not part of copyright"
Copyleft, as a play on word, implies a modification of copyright.
I do not feel dis-empowered by the term Copyleft. Words do not empower us we empower ourselves. Copyleft, Free culture, open source, gift culture, mutual aid, &c are all labels for the activity and process of self-empowered people sharing their efforts for a greater good.
Except that some works are simply not available to be used unless you are prepared to apply fair use which I thought was the point of the scenario. On my question: check out Pat Aufderheide talk at Open Video Alliance 2010 for her thoughts on the language we use and how it does not achieve our ends. I would also encourage you to read Laura Murray's review of the film RiP A remix Manifesto. I would also say that there are some important differences between free culture, gift culture, and open source. One of the difficulties many artists have with the way this discussion is framed in how ultimately silenced they are by much of the language - or so I am told by art students (who I educate) Artists make art and will continue to do irrespective of the law as they have always done and will always do - the question for users is will they respect the boundaries that artists themselves choose? As a lawyer my job is to make sure that you as an educator can do what you need to do in your work but ultimately you as the educator have to be able to put your work in context. Same as for artists.
To respond to Brylie's question, as long as the material is of a high enough quality, that which is available for free is just as good as the "seminal" equivalent. The difficulty I run into in English and theater education is that the works to young to be in public domain often NEED to be bought outright or sampled with fair use, assuming a textbook (also bought) isn't sufficient.
To relate this to our Music History class, I believe one could teach, for example, the style of jazz using Creative Commons sources just as well as seminal Miles Davis or Cannonball Adderly which have more restrictions.
To add a further point, as long as the music is streamed or linked to another site, a music teacher could access a large amount of music under full protection of copyright law even if the class website is open to the public. Many artists are using legitimate YouTube or Vimeo channels to promote their music.
He can also take advantage of a lot of amateur work. Guitar, bass, and drum tabs are available online from multiple sources for a study of modern music. Bloggers write about contemporary concerts.
I misread the nature of Harry's request. He is requesting is an explanation of how he can determine what rights he has to use and distribute various resources:
"How can I figure out what I can and can’t use?"
My initial instinct was to find resources for him to use (give him a fish) instead of explaining the concepts of Fair Use and Free Culture (teach him to fish.)
How can we quickly outline Free Culture, Fair Use, and the TEACH act so that Harry can make future decisions autonomously?
Here is the letter for contextual reference:
Hi there,
I want to build a website for the History of Music class I am teaching at the local high school. I would like to post all of the course material for the class on the website, but I don’t know what I’m allowed to use. I want to include some books, news articles, scholarly papers, musical scores, and music recordings. How can I figure out what I can and can’t use?
Thanks,
Henry McGee
Hey group. Sorry for disappearing for the last Case Scenario. 80 hour work week between my two jobs. I WILL be participating in this one though.
Lets start off by recommending Public Domain and Copyleft sources for the musical learning resources.
Mutopia has music scores that are free to distribute and modify.
The Free Music Archive has a decent ammount of music tagged as 'classical.'
Jamendo has approximately 740 albums that are tagged as 'classical.'
The Internet Archive contains thousands of Free Cultural artifacts.
Actually I would start with an analysis f the uses of the works and then analyze whether it is fair use as much of it likely is as a fallback I would go to PD and various archives since he is teaching history. PD archives Maybe limited if you are looking for something specific - much may not meet the standards expected of a History course in some institutions. and the composer is not yet dead 70 years. Source material readily available in public domain problem would be anything in the last 70 years.
why use term copyleft?
Can we assume that this website is accessible to the general public as well? If the students have to log on then the information is only available to the class and the rules change a bit.
Good suggestion Joe. I think that using Copyleft and Public Domain resources is even more important if we operate under that assumption :-)
I found a lot of classical, romantic, instrumental, &c music on the Wikimedia Commons, musopen, and ibiblio:
http://www.musopen.com/
https://secure.wikimedia.org/wikipedia/en/wiki/File:Debussy_Le_Petit_Neg...
https://secure.wikimedia.org/wikipedia/en/wiki/File:Debussy_La_Plus_que_...
https://secure.wikimedia.org/wikipedia/commons/wiki/File:Claude_Debussy_...
http://music.ibiblio.org/pub/multimedia/pandora/vorbis/index.html
If I were teaching the history of music I would want to ensure that I could instruct using works from the last 50 years so I would limit the website to within the class to have complete flexibility for my students. I am not saying it should be this way. With any luck a significant amount can be found in the commons but what about stuff that isn't? Seems to me that's the point of fair use - enabling educators to use material for legitimate learning purposes without fear. Would either of you in your respective disciplines accept being taught from materials that were almost as "good" as but available on wikimedia rather than say what is actually the seminal work in your given area.
Lastly, since neither of you answered my query, the term copyleft is misleading because it suggests that Creative Commons (and others) are not part of copyright which is emphatically not the case as you both know I am sure. It also reinforces the divisive language that is used by the industry to antagonize users - it is language that disempowers rather than empowers which is the point of education it seems to me.
"Would either of you in your respective disciplines accept being taught from materials that were almost as "good" as but available on wikimedia rather than say what is actually the seminal work in your given area. "
Yes, without hesitation. There is no mutual exclusivity separating works in the collective sphere (e.g. Wikimedia) and 'seminal' works in a given discipline.
"the term copyleft is misleading because it suggests that Creative Commons (and others) are not part of copyright"
Copyleft, as a play on word, implies a modification of copyright.
I do not feel dis-empowered by the term Copyleft. Words do not empower us we empower ourselves. Copyleft, Free culture, open source, gift culture, mutual aid, &c are all labels for the activity and process of self-empowered people sharing their efforts for a greater good.
Except that some works are simply not available to be used unless you are prepared to apply fair use which I thought was the point of the scenario. On my question: check out Pat Aufderheide talk at Open Video Alliance 2010 for her thoughts on the language we use and how it does not achieve our ends. I would also encourage you to read Laura Murray's review of the film RiP A remix Manifesto. I would also say that there are some important differences between free culture, gift culture, and open source. One of the difficulties many artists have with the way this discussion is framed in how ultimately silenced they are by much of the language - or so I am told by art students (who I educate) Artists make art and will continue to do irrespective of the law as they have always done and will always do - the question for users is will they respect the boundaries that artists themselves choose? As a lawyer my job is to make sure that you as an educator can do what you need to do in your work but ultimately you as the educator have to be able to put your work in context. Same as for artists.
To respond to Brylie's question, as long as the material is of a high enough quality, that which is available for free is just as good as the "seminal" equivalent. The difficulty I run into in English and theater education is that the works to young to be in public domain often NEED to be bought outright or sampled with fair use, assuming a textbook (also bought) isn't sufficient.
To relate this to our Music History class, I believe one could teach, for example, the style of jazz using Creative Commons sources just as well as seminal Miles Davis or Cannonball Adderly which have more restrictions.
To add a further point, as long as the music is streamed or linked to another site, a music teacher could access a large amount of music under full protection of copyright law even if the class website is open to the public. Many artists are using legitimate YouTube or Vimeo channels to promote their music.
He can also take advantage of a lot of amateur work. Guitar, bass, and drum tabs are available online from multiple sources for a study of modern music. Bloggers write about contemporary concerts.
I misread the nature of Harry's request. He is requesting is an explanation of how he can determine what rights he has to use and distribute various resources:
"How can I figure out what I can and can’t use?"
My initial instinct was to find resources for him to use (give him a fish) instead of explaining the concepts of Fair Use and Free Culture (teach him to fish.)
How can we quickly outline Free Culture, Fair Use, and the TEACH act so that Harry can make future decisions autonomously?
India and Purdue Universities produced a checklist for Fair Use that Harry can use as a quick reference.
http://www.ibiblio.org/pub/electronic-publications/stay-free/ml/readings...