Categories
copyright culture education

CBC, Copyright and Fair Dealing

When I happened upon the CBC’s “Reuse and Permissions” page, I clicked the link because I was curious how the nation’s publicly funded broadcasting company would feel if I tried to reuse the content that I helped pay for.

From the FAQ:

Q. I am a university student and have come across a video clip on your website that I am hoping to use in a presentation. Is it possible for me to use it?

A. Unfortunately, we can’t give permission for this type of use without charging a sizeable licensing fee. However, you are welcome to create a link to the cbc.ca page in your presentation, so your fellow students may view the CBC content.

They can’t give permission without a sizable licensing fee?! It seems they’re not actually interested in licensing their content either or perhaps they’d have some information regarding just how “sizable” a fee they mean. For some students, using a “link” to the CBC’s website is not possible if the presentation is going to be done at a school where the Internet is not available. Now, having said that, using the web browser to view their content IS making a copy! That’s how the Internet works, everything is a copy! So they’re giving permission to make a copy while at the same time trying to imply a restriction on ones right to change the format in which the copy exists (ie. only playing the content from their website).

Now for an organisation so reliant on tax payers’ funding, the CBC’s policy is in itself ridiculous, but if we take it a step further and consider what the Canadian Copyright Act states about students copying work for educational purposes, we find some rather revealing details (though I’m not a lawyer, this seems pretty simple to me).

In the 2004 landmark ruling by the Supreme Court of Canada in CCH Canadian Ltd. v. Law Society of Upper Canada the concept of fair dealing in Canada was clarified, in part, when the Court made the following general observation:

[I]t is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively.

This brings up the question of what exactly is Fair Dealing? Well, again from the landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law CCH Canadian Ltd. v. Law Society of Upper Canada:

It is impossible to define what is “fair dealing”. It must be a question of degree. You must consider first the number and extent of the quotations and extracts. Are they altogether too many and too long to be fair? Then you must consider the use made of them. If they are used as a basis for comment, criticism or review, that may be a fair dealing. If they are used to convey the same information as the author, for a rival purpose, that may be unfair. Next, you must consider the proportions. To take long extracts and attach short comments may be unfair. But, short extracts and long comments may be fair. Other considerations may come to mind also. But, after all is said and done, it must be a matter of impression. As with fair comment in the law of libel, so with fair dealing in the law of copyright.

In Canada, the six Fair Dealing exceptions are:

  1. The Purpose of the Dealing
  2. The Character of the Dealing
  3. The Amount of the Dealing
  4. Alternatives to the Dealing
  5. The Nature of the Work
  6. Effect of the Dealing on the Work

Though not all of these considerations will arise in every question of Fair Dealing, this list provides a useful analytical framework with which govern decisions of fairness.

Specifically, section 29.6 of the Canadian Copyright Act says:

“it is not an infringement of copyright for an educational institution or a person acting under its authority to

(a) make, at the time of its communication to the public by telecommunication, a single copy of a news program or a news commentary program, excluding documentaries, for the purposes of performing the copy for the students of the educational institution for educational or training purposes;

So, if you’re a student wanting to show a video clip of a news program or news commentary program, you don’t need the CBC’s permission to make a copy and you’re allowed to keep and show that copy for up to one year without paying royalties.

I think it’s disgraceful that CBC is so protective over their publicly funded content, however, the law does allow for the presentation of certain material for educational purposes in educational contexts. It’s too bad the CBC doesn’t realize this.

Categories
education

Aesthetic and Efferent Listening – A Handout

Here is a handout I created for my language in education class. I figure I might as well post it, in case someone out there might find it useful.

aesthetic and efferent listening handout

I’m going to leave this up, but I’ve always felt a bit guilty that I didn’t do a better job with this assignment. If you’re searching for something to explain the differences between aesthetic and efferent listening skills, there have to be better resources out there than this one.

Categories
education life

Jeff Milner Autobiography

A very short summary of my life:

Jeff Milner’s 2 minute autobiography.

(Made for one of my education classes).

Autobiographical writing and representation
By Jeff Milner
Due September 29, 2010
Images: http://www.flickr.com/photos/jeffmilner/sets/72157624935640311/show/
(to be played simultaneously with the audio)

Transcript of the audio:

I began my school life in the autumn of my sixth year. Over the next 12 years as I finished elementary, jr. and sr. high I felt that I would never complete school. I spent winter evenings playing basketball at the gym and my summers in the pool. I developed a passion for travel. My family would often take road trips to the United States. At age 15 I took part in an international art camp in Japan.

I learned the value (and grind) of manual labor working on a huge vegetable farm packing corn and carrots. In the eleventh grade I decided not to rejoin the basketball team and instead took a job with a local computer shop fixing PCs and eliminating lemons by checking new computers before they left the store. It wasn’t glamorous work, but it sure beat packing corn.

At 19, I moved to Salt Lake City volunteering a year of service to my church. This remains one of the most memorable years of my life.

After returning, I got a job working for the City of Medicine Hat in their GIS department. Using an air photo covering the city limit I traced the outline of every building within the municipal boundary. It was during this time that I began to kayak.

The job only lasted for about a year and then I began work as a pre-press assistant at the Medicine Hat News. Working nights didn’t suit me, so I found a new job working for a local engineering company that did defense research at the nearby army base. My job was to bury electronic landmines for research purposes.

Moving from job to job and living at home, while building an interesting set of skills and experiences, did not give me the same satisfaction as the more stable and independent life I would find when I moved to Lethbridge to start university in 2002. I found a great source of friendship on the university swim team.

I completed a degree in New Media 4 years later with a work experience placement in Malaysia helping create channel identity clips for Southeast Asia’s music channel, Channel V. Although it was a wonderful opportunity I didn’t take full advantage of my time there because I was distracted with heartache due to the break-up with my university sweet-heart.

After convocation I went into web design and photography full tilt. My skills in kayaking improved and I also took a couple of teaching jobs in the summer at the University. I alternated between teaching the Movie Making, animation, and swim camps. I found a love for teaching there that in part inspired me to return to school and get a second degree in formal education. Sometimes I still feel like I will never finish school but now I look at the journey itself as my destination and it doesn’t bother me that I’m still not done. I’ll always keep growing.

Reflection on the process of creation:
I wanted to fit in as much as possible in just two minutes. This restraint left me with the arduous chore of deciding what to include and what to cut. I’m not sure I made the best choices as many very interesting things about myself didn’t make it. (I do have about 10 years more than most of the students, so perhaps if I had an extra minute I could have fit it all in there).

Some of the images fit perfectly with the story, while at times other images that I wish I had, just don’t exist.

The music that goes with the story ads a level of interest that I personally really like. Creating a podcast is something that I’ve been interested in for a long time and I’m glad this assignment pushed me into creating one.

Categories
education life Politics travel

Bomb Blast in Trois-Rivières

Yesterday at 3am, a bomb went off at the Canadian Forces Recruiting Centre in Centre Ville, Trois-Rivières. Nobody was hurt. Catch the CBC’s coverage here.

I am in Trois-Rivières this month studying French.

CSI: Trois-Rivières

Categories
education work

Ed 2500 Practicum – Day 1

It was about 10:15 the night before my first day at Westminster school. I was worried — should I wear a tie, no tie? Where were my khaki pants? I knew this pent up anticipation was overblown, but the school day would still arrive much too quickly. I was terrified I would wake up late and begin my descent on the slippery slope to failure. Despite my fears, I woke up bright and early, had no problem deciding what to wear, and made myself a breakfast fit for a champion. I arrived exactly one half hour before class and waited nervously in the office for someone to say hello. There isn’t much going on at Westminster at ten to eight in the morning, but I could hear the principal and the secretary talking in another room. Time stood still as I reflected the moment. Memories of my own experiences in elementary school flooded my mind. There were teachers that I loved and maybe one or two that left me with some unpleasant memories. I pondered what Mrs. Day would be like, how she would teach, and how I would interact with the students.

When I met her, I knew immediately that we would get along just fine. We took a quick tour around the school. There were so many names of teachers — I remember thinking, how am I going to remember them all, let alone the names of the kids in the class. Mrs. Day asked me to help her prepare breakfast for the kids — Westminster provides breakfast for each student, assuring that they’ve all had something to eat before they are expected to learn. I opened a box of apple juice and began to pour. Juice dribbled out in all directions. I’m not sure why I felt nervous, but I remember thinking sarcastically, what a great way to start things out: the very first thing I’ve been asked to do and I make a mess. No big deal though, Mrs. Day grabbed me rag and I cleaned things up. I finished pouring drinks while she cut bananas and muffins. Next we headed out for supervision and then back into class when the bell rang.

I liked watching the control Mrs. Day possessed over her class. She confidently instructed and the students listened. She identified which students weren’t paying attention and called them to order. She maintained the flow by not only identifying children individually by name but also by row; thereby calling a few students to action at a time. She also utilized their birth months when selecting a group of students to go back for second helpings. I liked the efficiency and order and how the students knew the routine and listened patiently for their turn.

The smart board lesson on how to write a story was fantastic. First the class listened and watched as a story was read and illustrated. Following that, Mrs. Day discussed with the class the formal elements of a story writing. I tried to watch which students were answering most of the questions, and while there were a few that consistently answered and a few that almost never answered, Mrs. Day did a good job of balancing out who she called on for responses. It was clear that she had given this lesson before and was very well prepared. She is a master at the smart board.

It was about this time that hands began to raise to ask if they could go to the bathroom. It was very interesting how some kids got permission while others were told to wait. I wasn’t sure how to feel about making anyone wait, if they said they needed to use the bathroom I would have trusted them to go, but Mrs. Day had experience and knew who was to be trusted and who was trying… not to take advantage, but who might have been more likely to waste time in the hallways. One of the students who asked to go to the bathroom didn’t explain that it was because he was feeling ill. When he came back he sat with his head on the desk.

Mrs. Day asked me to mark some math homework, which I really enjoyed. It was something I could do rather than feeling awkward about wandering the classroom and just observing. I had finished marking most of the homework when suddenly Mrs. Day said to me, “Mr. Milner, would you please go get the caretaker, one of the students just threw up.” I looked over and sure enough it was the kid that hadn’t been feeling well. I thought, what a thing to happen on my first day! Luckily it was pretty mild compared to how it potentially could have been.

Later, the kids had a math test in which I helped by answering kids questions about what a specific question meant. My limited assistance felt a bit useless but clarifying exactly what a question was asking was enough to help most of the kids complete their answers. Mrs. Day asked me to go out in the hallway with one student in particular and go through the test with her. (I didn’t realize she was a she and not a he… apparently not an uncommon assumption). It was a bit sad to realize that this little girl had a very limited reading ability. In the hallway behind us a police officer was talking with a student. I was a bit shocked to see a police officer questioning a student in an elementary school.

I’m not going to say I didn’t enjoy my first day. I certainly felt it to be an interesting day and I’m very excited to be here. I definitely thought the kids were cute and nice. However, I did remember thinking that elementary school wouldn’t be my first choice. I also remember thinking the neighbourhood where the school is located makes a big difference in the kind of issues a teacher has to deal with on a daily basis. I was very impressed with Mrs. Day’s manner with the kids and her clearly well honed teaching skills. She made me feel very welcome and just before I left we discussed what I can do to take part in teaching a lesson with the smart board next week. I’m looking forward to it.

Categories
education life

Back to School

I’m back at the university today for my first day back at school. I am considering joining the swim team and applying for a position as the Fine Arts Rep for the Students Union. I’m about to go to the welcome lunch with my friend Kelly Sushinsky.

I spent the afternoon attending my Painting 1 class, which was brief due to the fact that we don’t have any supplies yet. Afterward I slipped into the Swim Team’s orientation meeting and decided that maybe joining the swim team again is too large a time/money commitment.

Categories
education

Wikipedia’s List of Common Misconceptions

I enjoyed reading through Wikipedia’s list of common misconceptions.

Categories
education

Open Source Online University Coming Soon

Israeli entrepreneur, Shai Reshef, plans to combine the world’s open source educational material and create the world’s first free global university*.

“The open-source courseware is there, from universities that have put their courses online, available to the public, free,” Mr. Reshef said. “We know that online peer-to-peer teaching works. Putting it all together, we can make a free university for students all over the world, anyone who speaks English and has an Internet connection.”

Reshef plans on starting things small. Starting this fall, 300 students will enroll in bachelor’s degrees in business administration and computer science.

*Free as in open source, not free as in beer. However, it doesn’t look like it will be particularly expensive. From the article: “students would pay only nominal fees for enrollment ($15 to $50) and exams ($10 to $100), with students from poorer countries paying the lower fees and those from richer countries paying the higher ones.”

Categories
education religion Science

Five must see open course video lectures

Since the introduction of open lectures by progressive thinking educational institutions like M.I.T., Stanford, Duke, Yale, and others, many exceptional presentations have bubbled to the top and should be watched.

Here are five must see open course video lectures as recommended by Virginia Heffernan of the NYTimes.

  1. Walter H. G. Lewin, Powers of 10, M.I.T. (At about 2:40 watch Power of Ten video that is cut from the lecture)
  2. Randy Pausch, Really Achieving Your Childhood Dreams, Carnegie Mellon
  3. Dan Ariely, Predictably Irrational, Duke and M.I.T. (the rest of his short clips)
  4. Langdon Hammer, Modern Poetry, Yale
  5. Christine Hayes, Introduction to the Old Testament (Hebrew Bible), Yale

I also recommend Mark Schlissel, Introduction – The Cell Theory, Bacteria, Animal Cells, Evolution (Viruses and Midochondria). (The good stuff starts at about 13:00).

I listened to about a quarter of all the lectures from this course—most of which were over my head, but the first and second (mp3) classes are fascinating and make me wish I studied biology at school.

Categories
education

Is Becoming a Teacher the Best Plan?

After another meeting about the possibility of becoming a teacher, I’m even more conflicted about what I’m eventually going to do. The meeting went well, possibly as well as it could have, but some concerns still need to be addressed.

I realize the actual day to day of teaching in a public school may not be as fun as teaching New Media summer camps over at the University—with many students suffering teenage angst and apathy for learning in general. That isn’t what’s bothering me.

The real conflict comes from the fact that I’ll still have to take two art classes before I can even apply to the Faculty of Education, and another five after that before I can start the year and a half of practical studies requirements. So the best case scenario would mean I wouldn’t start PS1 until Fall 2009, PS2 Spring 2010, and PS3 Fall 2010—I could be a fully paid teacher by January 2011. I’ll be almost 32.

Perhaps when it comes to furthering my education, I should think about a higher level degree, as opposed to moving laterally. Do I really want another Bachelors degree? Perhaps I should be thinking about a Masters.