Today in my secondary general music methods class we discussed how one can use current events as a springboard for classroom discussion and lessons. In the spirit of that discussion I figured I’d write about a recent set of issues relating to the discourse of copyright and the presidential election. I’ve written here about copyright several times before and I always look forward to updates on James Frankel’s “Copyright or Copywrong” series because it’s an issue that I think plays a constant role in our classrooms, especially if we make use of multimedia.
The current event I think I would be addressing right now if I were back in my middle school general music classroom is the recent exchange between Senator McCain’s campaign and YouTube in reference to videos removed from their service as well as the number of musicians who have invoked their copyright to demand McCain stop using their music in his campaign. On one level it’s an interesting and concrete way to frame discourse around copyright and the Digital Millenium Copyright Act and on the other it’s a way to shift the discourse of copyright beyond the ongoing focus on the RIAA’s lawsuits over illegally downloaded music.
While a potentially tricky topic to discuss in class due to the political realities of a presidential election taking place, if facilitated skillfully, a discussion in a secondary general music class might provide students with a real life scenario to discuss copyright issues that might play a role in their own lives. As music educators we could shift the focus from the political aspect of the issue to the notion of copyright, fair use and the Digital Millenium Copyright Act. Larson & Keiper (2007) offer several approaches to having discussions in the classroom. Their “taking a stand” and “Issues/Values Continuum” approaches (pp. 236-239) could work very well with this particular set of issues.
Often the focus of copyright discourse in mainstream media locates copyright in the hands of the record industry rather than the artists themselves or the general public. In the context of McCain’s campaign several musicians began to demand their music not be used. This could lead to a discussion over who indeed has the right to use music and whether or not someone should be able to use existing music for their own purposes. Is this a financial issue? A legal issue? An ethical issue? A musical issue? A discussion of this sort could assist students in developing a sense of nuance and the ability to see the issue from a variety of perspectives. It could also provide students with an opportunity to work through a deeper understanding of what is or isn’t “Fair Use”. It may lead into questions regarding how they would like music they have composed to be used. Should you be able to use pre-existing music that fits your particular project whether it be a political campaign, film you are making, or artwork? How would students respond if someone used their music in a way that went against their own set of beliefs or values? By having students view the issue from each person’s perspective they might come to a better understanding of the multilayered complexities of copyright and fair use. If using the “Taking a Stand” approach to discussion, students are encouraged to develop an argument for a perspective with which they do not necessarily agree (p. 237). While potentially uncomfortable, this might assist students in seeing an issue from a variety of perspectives and to at the very least develop an understanding of how the world can be read in different ways.
In the case of McCain’s videos being removed from YouTube students might discuss their own perspectives after identifying each side’s position. This could assist students in moving beyond a political perspective to include issues if legality, ethics, and aesthetics. Again, besides developing a more nuanced view of the issue at hand, this type of discussion might provide students with a concrete application of the Digital Millenium Copyright Act and the notion of fair use – two issues that might be extremely important to their lives.
How might a lesson extend beyond a discussion of these issues? Can you imagine students becoming invovled in the discourse outside of the classroom? Might students contribute letters to the editor of their local newspaper weighing in on the situation and proving to adults that adolescents can indeed speak on a national issue with nuance and understanding? This discussion could also serve as a foundation for students to begin working with others’ music in the context of remixing or sample-based composing. How might they approach these types of compositional processes after discussing the complexities of copyright and fair use?
Finally, it’s exciting to think how a discussion of this sort might play a lasting role in a student’s life. We never know which of our students may someday be engaging in discourse to determine policies, voting on those policies, or hey, even playing a direct role in the shape of copyright for future generations as President.
And for any of my students reading this post (if you ended up reading all the way through!)… bonus points to the first person who emails me the outcome of the lawsuit I mentioned in class involving the Texas woman attempting to go to court instead of settling with the RIAA.