This content reflects work done as part of the Indigenous Perspectives in School Librarianship (IPSL) grant funded by IMLS (RE-246303-OLS-20). Actual assignments may vary.

Module Objectives

  • Apply fair use guidelines to a common educational scenario.
  • Describe the conflict between Indigenous understandings and Western laws regarding authorship, commons, and intellectual and cultural property.

Think

  • Crews, K. (2020). Fair use: Getting Started. In Copyright law for Librarians and Educators: Creative strategies and practical solutions (4th edition; pp. 95-102). Chicago, IL: ALA Editions.
  • Crews, K. (2020). Fair use: Understanding the four factors. In Copyright law for Librarians and Educators: Creative strategies and practical solutions (4th edition; pp. 103-112). Chicago, IL: ALA Editions.
  • Crews, K. (2020). Getting comfortable with fair use: Applying the four factors. In Copyright law for Librarians and Educators: Creative strategies and practical solutions (4th edition; pp. 113-126). Chicago, IL: ALA Editions.
  • Mathisen, K. (2012). A defense of Native Americans’ rights over their traditional cultural expressions. The American Archivist, 75(2), pp. 456-481.
  • Alaska Native Knowledge Network. (2000). Guidelines for respecting cultural knowledge. Anchorage, AK: Assembly of Alaska Native Educators. Retrieved from http://www.ankn.uaf.edu/Publications/knowledge.html
  • Hnatkiv, H. (2020). Neiman Marcus battling copyright infringement and cultural appropriation. JIPEL Blog, 26 Oct 2020. Retrieved from https://blog.jipel.law.nyu.edu/2020/10/neiman-marcus-battling-copyright-infringement-and-cultural-appropriation/
  • Hohenstatt, B. (2019). Can appropriate be appropriate? Juneau Empire, 14 Oct 2019. Retrieved from https://www.juneauempire.com/news/can-appropriation-be-appropriate/
  • Choose one of the four articles on copyright in Knowledge Quest, vol. 45, iss. 2 (Nov/Dec 2016) to read. After clicking on the link, use the drop-down menus under choose an issue to view; select 2016, and then Nov/Dec 2016 Vol.45 (2). Then, click on full text or full text – PDF under the article(s) you wish to read.
    • Copyright Basics and Review: Scenarios for the Practicing School Librarian
    • Copyright Resources for School Librarians
    • Copyright Updates for K-12 Librarians
    • Just Because You Can Doesn’t Mean You Should

Create

Choose one of the following copyright scenarios and use the “Copyright Checklist: Fair Use” (Appendix B from Copyright Law for Librarians and Educators) to assess the situation.

  • A teacher has found an article in one of the library’s databases. They want to include a PDF of the article in Google Classroom for their students.
  • A teacher invited a local poet to perform. During the performance the teacher records the poet on their phone. The teacher posts the performance on the public social media page for the school.
  • A teacher wants all their students to read a particular book and doesn’t want to wait for or pay for sufficient copies. They make photocopies of the book in its entirety, one for each student.
  • A librarian wants to read a book aloud for their learners on Zoom and then record it for the learners who were unable to attend, or for later use asynchronously. The librarian emails the recording link to the other educators in the building, encouraging them to share it with their learners.
  • A class of students is making a PSA that will be posted on the school’s YouTube channel. They would like to use a Disney song as the melody and rewrite the lyrics. They plan to sing and dance on the recording to their rewritten song.

Share

In the #module4 channel, address the following and respond to at least two of your classmates:

  • Describe the difference between intellectual freedom and intellectual property. Why is it important for learners and educators to understand cultural appropriation and copyright law? Is there a conflict between Indigenous understandings and Western laws regarding ownership and authorship? Explain.

In the #copyright channel, add to the thread for the scenario you choose in this module’s create section:

  • Share your assessment based on Appendix B for the copyright scenario you choose. Briefly explain your rationale. If the usage violates fair use, what could the librarian / educator do?

Grow

Write a reflection on the module. Use the following questions as inspiration. What did you learn this week? What made you wonder? How do you feel about the module’s content and process? How will what you learned this week make you a better librarian? How do you feel about your progress in the course? What questions do you have?