28 March 2020

Permission Culture Gone Bad: A Story From TechDirt About A Kindergarten Teacher Reading a Book To Students Online

This excerpt will start you off > Let's go there!

Techdirt.
. . . just the fact that we're in this situation in the first place should demonstrate the fundamental broken nature of copyright law. A few people pointed me to certain "solutions" to this -- including a special Pandemic License and a more official Education Continuity License -- both of which have been designed to specifically deal with this situation. But both of those are still based on the fundamentally flawed idea that we should need licenses and permission to read aloud.
That's messed up. . . 
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Copyright Is Broken: COVID-19 Pandemic Revealing Just How Messed Up Our Permission-Based Culture Is

from the let's-fix-it dept

"Like large parts of the world right now, I'm stuck at home these days, and figuring out how to work and be a distance learning proctor to children. A week and a half into this forced educational experiment, my kid's kindergarten teacher decided to post a (private) video of her reading a children's book to the students. Why did it take so long before reading time arrived to distance learning? Copyright, of course. She needed to wait for permission from Random House, apparently, and that also meant that in posting the video to the distance learning platform the school is using, she noted in both text, and prior to reading, "with permission from Random House."
Now let's think about how silly this is. No one would ever expect that if you walked into a kindergarten classroom that a teacher would first need to (a) get permission to read aloud a book and (b) state before reading that he or she had "permission" from the copyright holder. This is permission culture gone mad. But it's the way things are, especially since copyright holders have spent the past two decades blaming platforms for hosting any "infringing" material. . . 
I doubt that the teacher in this case was directly concerned about her own liability (though, she might be), but it very likely had to do with the distance learning platform the school is using requiring her "properly license" anything uploaded. Indeed, when I tweeted about this, a copyright lawyer insisted that this was "better for everyone" to make sure that no one had liability. I question how it's better for teachers, students, or culture in general, however.

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