Copyright Issues Got You Singin' the Blues? Options for hassle-free content, tailored for schools

Should you buy copyright insurance for your school? Pay an up-front cost to avoid the potential legal hassle and costly fines of an infringement case? Given the persistent misunderstanding that surrounds copyright law in education, this might not be a bad idea. Consider the $23,000 per song fine handed down in a recent infringement case, and an effort to proactively address copyright violations starts to look cost effective.

In the case of music, licensing is not a solution. Neither BMI nor ASCAP, the two largest clearinghouses for record label permissions, provides K–12 school licensing. For movies, it’s much easier. Movie Licensing USA provides K–12 schools and public libraries with a blanket license that covers public performances of many feature films. There are a few restrictions, but certainly not as many technicalities as you would otherwise have to wade through to arrange a showing. Big problem, simple solution. So is there room for improvement?

Barry Britt, president and cofounder of Soundzabound, thinks so. Rather than license popular music to schools, he decided to create new, royalty-free music expressly for K–12 use. With a growing library ranging from sound effects and hip-hop to classical and global music, Soundzabound is now pursuing licensing deals with major recording labels. Soundzabound’s generous terms of use allow inclusion of its works in almost any school project—even, for example, an online picture album that is going to be sold. Britt, however, is not stopping there.

Soundzabound Backstage is a new K–12 social network where “members can ask copyright questions and learn more about media permissions and ethics,” says Britt. “Technology changes every day, yet copyright and fair use stay the same,” he explains. “In the past, this has been a challenge. Now, we are using technology to stay ahead of the curve.” Britt hopes that Soundzabound Backstage will become a community for sharing quality media projects.

What about royalty-free images? Rather than search dubious clip-art galleries or the copyright shark tank that is Google image search, consider Morguefile. Thanks to the generosity of contributors, this site provides thousands of free pictures, which you can use and remix, even in commercial applications. Attribution is not required. However, as a frequent user of the site, I can assure you that a quick thank you email to a contributor is greatly appreciated. The robust Morguefile community, which features a wiki with lessons on photography, is an example of what could emerge from the beta project at Soundzabound.

In the end, the biggest problem with copyright law is not its convoluted and overly restrictive nature, it’s that the people most often frustrated by the law are those simply trying to follow the rules. A great deal of fuss is made over the music-sharing habits of so-called digital natives, yet copyright infringement is also an issue among digital immigrant teachers. The librarian is often stuck in the uncomfortable position of having to explain why it isn’t legal, moral, or ethical to violate someone’s intellectual property rights. Maybe it’s time to fight this battle with a carrot rather than a stick. Champion ethics, yes, but at the same time offer practical solutions with high-quality, copyright-legal content.