Linking is legal !

Researching and writing about e-books, haunted by the Clevenger iceberg (another story for another day), my mind is still on the topic of embedded video in blogs. While it appears from my research that this is still an easy debate to argue from both sides, legal precedent seems to allow for this “linking” of video to private blogs and other Websites including MySpace and Facebook pages. Given the research I have done, which I will share below, I feel comfortable, at least for now, “linking” (read: embedding) videos, slideshows, and podcasts into this blog. I admit, my sources are primarily other blogs, but they appear knowledgeable and certainly involved in the debate. I welcome any comments or thoughts in agreement or disagreement regarding the legal or ethical considerations of embedded content in our blogs.

The Citizen Law Media Project explains that “linking to another website does not infringe the copyrights of that site, nor does it give rise to a likelihood of confusion necessary for a federal trademark infringement claim” ("Linking to Copyrighted," 2008). The article continues to describe that “deep linking,” linking to “a particular page within another site (i.e., other than its homepage)” has never been identified by a court as either copyright or trademark infringement. (“Linking”) While off topic, this is comforting information as I create my own directories of favorite links.

Though admitting “there is some uncertainty on this point” the article describes that inline linking or embedding, “placing a line of HTML on your site that so that your webpage displays content directly from another site,” when tried in a recent case in “the Ninth Circuit Court of Appeals concluded that inline linking does not directly infringe copyright because no copy is made on the site providing the link; the link is just HTML code pointing to the image or other material. See Perfect 10, Inc. v. Google, Inc. , 508 F.3d 1146 (2007). Other courts may or may not follow this reasoning. However, the Ninth Circuit's decision is consistent with the majority of copyright linking cases which have found that linking, whether simple, deep, or inline, does not give rise to liability for copyright infringement. For discussion of these cases, see The Internet Law Treatise” (“Linking”).

“The situation changes when you knowingly link to works that clearly infringe somebody's copyright, like pirated music files or video clips of commercially distributed movies and music videos. In this situation, you might be liable for what is known as "contributory copyright infringement." Contributory copyright infringement occurs by "intentionally inducing or encouraging direct infringement" of a copyrighted work” (“Linking”). Fred vonLohman from the Electronic Frontier Foundation agrees that common sense to avoid commercially distributed media and to respect any rights published or indicated should protect bloggers from potential copyright violation when embedding content (“Linking,” 2008; vonLohman, 2007). On his Website, Christopher Heng points out that YouTube and most media hosting services offer users posting content the choice whether to “enable or disable the EMBED code for their videos. . . In theory, if the owner enables the EMBED code for others to use, it means that they” are willing and even pleased to have others embed their video (2008).

References

Bailey, J. (2007, December 20). Why I embed my images. In Plagiarism Today [PT blog]. Retrieved November 21, 2008, from http://www.plagiarismtoday.com/‌2007/‌12/‌20/‌why-i-embed-my-images/

Heng, C. (2008). Is it okay to post YouTube videos on my website? (copyright question). In The site wizard. Retrieved November 21, 2008, from http://www.thesitewizard.com/‌general/‌embed-youtube-video-copyright-matters.shtml

Howell, D. (2007, July 9). Embedding a headache. In Lawgarithms [blog]. Retrieved November 21, 2008, from http://blogs.zdnet.com/‌Howell/‌?p=146

Linking to copyrighted materials. (2008, June 3). Citizen Law Media Project. Retrieved November 21, 2008, from http://www.citmedialaw.org/‌legal-guide/‌linking-copyrighted-materials

Ross, P. (2008, November 12). Copyright in a free market. In Copyright Alliance [blog]. Retrieved November 21, 2008, from http://blog.copyrightalliance.org/‌2008/‌11/‌copyright-in-a-free-market/

VonLohman, F. (2007, July 9). YouTube embedding and copyright. In Electronic Frontier Foundation [EFF DeepLinks Blog]. Retrieved November 21, 2008, from http://www.eff.org/‌deeplinks/‌2007/‌07/‌youtube-embedding-and-copyright

Tech toys or tools (?) and their uses

Wordle.com is described on its home page as a "toy". Using it to create a tag cloud of this blog, though, it is a tool to summarize and discover the primary informational focus or keywords being discussed. Is this cheating? Is using a calculator to do math cheating? The answer is a resounding "no". The answer is that we need to embrace technology and the new tools and methods available to us as a society and as teachers and learners.

A school librarian I met recently boasted how much fun she had doing her job - playing with kids and technology every day. Past generations maintained a strict division between technology toys and technology tools but the more I learn about the technology available and the pedagogy of learning, the more difficult it becomes to label tech toys as valueless. Tool or toy, matching the application to the curriculum, the need, and particular learning style is far more important than the preconceived perception of the application's value.

Presenters at the K-12 Online Conference (live this month and archived for perpetuity) with the theme “Amplifying Possibilities” are using many different communication technologies to share and teach us some of the Web 2.0 possibilities and challenge us to reach for the next level. In their presentation "How Can I Become Part of this ReadWriteWeb Revolution?" Alice Barr, Bob Sprankle, and Cheryl Oakes remind us that once we immerse ourselves and accept our roles as learners along with our students, they will develop and show us ways to use technology that we cannot even imagine.
Keynote speaker Stephen Heppell (designer of physical and virtual learning environments of the future) started the conference (link to his presentation moved. will add when I find.) by describing the crossroads in our educational environment today from the old "factory style" classrooms to the new community classrooms defined by "us-ness". He spoke of teachers provoking learning instead of providing learning and pushing students to take ownership of their learning. While I don't see the majority of our students accepting that role, I think he hit the nail on the head regarding the social nature of learning today and the value of "audience" as a tool in the equation. Perhaps the failure of students to take more ownership or at least be more interested and engaged may be a result of our failure to trust them with the tools of their generation.

Instead of prohibiting headphones, for instance, we should be providing them to all students along with books on tape, podcasts, vodcasts, and text message reminders of class assignments. Instead of disjointed and meaningless deliverable assignments during the course of a semester, perhaps each assignment should add toward a greater, high quality, publishable whole to be displayed on the web. Examples could include articles, tables, photos and even video or podcasts blended into a student created website, or perhaps a professionally designed magazine, well maintained blog, or carefully edited video news program. The key factor may not be the format, but the freedom to choose the format and the reality that, upon completion, it will be available for the full world to see (including important peers and family members).

Blogging & other 2.0 apps in the classroom

I'm hooked! Serendipitous research this week has led me into the websites and blogs of school libraries, librarians, and teachers who are actively using Web 2.0 tools in the classroom. These teachers are not using technology just for the sake of technology, but as an integral tool in curriculum development.

I've heard podcasts of poetry, political ads, personal experiences, book talks and more. I have seen student created websites about history, health, and science. Blogs have been adopted by teachers in virtually every subject area and, amazingly, in almost every grade level.

Included below are a couple videos borrowed from TeacherTube. The first describes blogs, bloggers, and our relationship to the world around us.




The second gives ten reasons students should be blogging.




I apologize for not including links of all the Web 2.0 applications referenced above. Will begin to share these details in future posts . . . )