(IN)FRINGE BENEFITS?:
Investigating Intellectual Property and Copyright in the Information Age

Grades:  6-8, 9-12

Subjects:  Civics, Language Arts, Media Studies, Technology

Related New York Times Article
"The Tyranny of Copyright?, By ROBERT S. BOYNTON", January 26, 2004

Overview of Lesson Plan:: In this lesson, students learn about the "Copy Left" movement, then analyze and discuss the key legal issues regarding intellectual property and copyright legislation in the context of global communication and the Internet.

SUGGESTED TIME ALLOWANCE:
1 hour

OBJECTIVES:
Students will:

1. Consider their own personal use of copyrighted materials.
2. Examine the debate regarding intellectual property and the Internet and the emergence of the "Copy Left" movement by reading and discussing "The Tyranny of Copyright?"
3. Analyze key issues regarding intellectual property, copyright legislation, global communication, and the Internet in the form of small group discussions.
4. Write persuasive essays defending the perspective of the Copy Left or the "copyright enthusiasts."

RESOURCES / MATERIALS:

• pens/pencils
• paper
• student journals
• copies of the article "The Tyranny of Copyright" (one per student)

ACTIVITIES / PROCEDURES:

1. WARM-UP/DO-NOW: Ask students to respond to the following prompt, written on the board prior to class: "Have you ever used copyrighted material illegally? For example, have you ever downloaded music or replicated software, or photocopied a chapter from a book without permission from the author or manufacturer? What were the circumstances?" After students have responded, allow a few minutes for them to discuss their experiences.
2. As a class, read and discuss the first eleven paragraphs of "The Tyranny of Copyright"(ending with "The Internet," he says, "is in that space right now."), using the following questions:
   1. What did a group of students at Swarthmore College discover in the fall of 2003?
   2. What did they do with their discovery?
   3. What type of product does Diebold Election Systems manufacture?
   4. What is the D.M.C.A., and how did it affect the Swarthmore College students in question?
   5. What are some other examples of "copyright horror stories" mentioned in the article?
   6. How did children as young as 12 become involved in copyright infringement cases?
   7. What are the two basic points of view regarding intellectual property and the Internet?
   8. What is the Copyright Term Extension Act, and how does it affect the D.M.C.A.?
   9. To what does the term "Copy Left" refer, and what are its origins?
   10. What do members of the Copy Left have in common?
   11. How does the Copy Left view copyright and intellectual property laws?
   12. According to the Copy Left perspective, how should copyrights work?
   13. What are the "cultural commons"?
   14. Why does Professor James Boyle argue for the necessity of the public domain?
   15. What does the term "permission culture" imply, according to the article?
   16. What are some current examples of current permission culture agreements?
   17. How do critics of the permission culture believe it might affect the future of information in the public domain?
   18. How might one view the current debate with the Internet in the greater scope of modern communications history, according to the article?
3. Explain to students that they will be reading and discussing the second third of the article in small groups. Each group will be responsible for responding to a set of critical thinking questions on the first two-thirds of the article, recording their responses, and sharing them with the rest of the class at the end of the period.
   Divide class into small groups of three to four students. Instruct groups to continue reading the article through the eighteenth paragraph (ending with "'…buy a packaged good off the shelf and consume.'"). Each group responds to the following critical thinking questions, based on their understanding of the intellectual property debate and the Copy Left movement:
   • The article mentions literature and music as examples of "intellectual property." What are some other examples of individuals' or groups' unique ideas or inventions not mentioned in the article? List as many as you can, and indicate whether you believe copyright laws should protect them, or whether they exist as part of the "cultural commons" or public domain.
   • Assume that you wish to use a copyrighted idea in a paper or project. What do you think should be the appropriate acknowledgment of that person or group's idea? Would you be willing to pay a fee, in addition to using a proper method of citation, such as footnote or endnote? Why or why not?
   • From what you know about history, how has the concept of "property" changed in the last century? How does the market of the "post-industrial" era differ from that of the industrial age?
   • If a person from one country wants to use intellectual property created and licensed by someone in another country, do you think he or she should be subject to the laws of his or her own land or the country of the property's origin? Why? Do you think the Creative Commons license will be an effective step toward "globalizing" intellectual property? Why or why not?
   • Do you think a person should be able to buy the rights to someone else's intellectual property? Why or why not?
   • How do you think the Internet and intellectual property copyright debate will ultimately affect you as students? Explain. How might your methods of reading, research, and writing change in the future? How might your current methods of doing schoolwork differ from those of a student your age twenty years ago?
   • Do you think the United States will change its legislation regarding intellectual property and copyright? If so, how, when, and why do you think it will change? If not, why not?
   • What is your opinion of the "micropayment" system of intellectual property (i.e., paying for individual songs or texts)? Do you feel that music and writing should be available for free to the public at large, or do you believe that artists and authors should profit from the use and distribution of their works?
   After groups have responded to the questions, students reconvene as a class and share their opinions and ideas. Each group should turn in a copy of its discussion notes to receive credit.
4. WRAP-UP/ HOMEWORK: At home, students read the rest of the article. In a one- to two-page persuasive essay, students defend the position of either the "Copy Left" or of the "copyright enthusiasts" (as Columbia Law School Professor Jane Ginsburg describes herself). Remind students that effective persuasive writing often includes a discussion and deconstruction of the opposing party's perspective.

DISCUSSION QUESTIONS:

• In your opinion, what are some ideas, products, or works that one should not be able to copyright?
• How would you define "intellectual property"?
• What do you think of the notion of a "limited copyright," or a brief period of time under which creators can profit from their works?
• Do you think there should be a distinction made between reproducing someone's intellectual property for private use versus profit?

EVALUATION / ASSESSMENT:
Students will be evaluated based on responses to Warm-Up exercise, thoughtful participation in group discussions and presentations, and thoughtfully written persuasive essays.

VOCABULARY:
civic-minded, sobering, hackers, afoul, intellectual, liable, aggrieved, veto, infringement, anecdotes, heralded, radicals, coherent, innovation, squelch, unconstitutional, domain, doled, susceptible, bonanza, innocuous, tweaks, catalyst, narcotized, peer, grudgingly, intermediaries, advocacy, protocols, erosion

EXTENSION ACTIVITIES:

1. How does the notion of "intellectual property" apply to the culinary world? What are some examples of "secret recipes" from restaurants or within your own family? Investigate, and create a cookbook of "pirated" recipes.
2. Make a poster outlining the processes by which one can obtain copyright, patent, or trademark. Visit the U.S. Patent and Trade Office Web site for information (www.uspto.gov).
3. The article mentions Rachel Carson as a pre-environmental movement environmentalist. Read Carson's "Silent Spring" and write your impressions of this groundbreaking work.

INTERDISCIPLINARY CONNECTIONS:
American History-The article traces the notion of intellectual property in the United States back to Jefferson and the Constitution. Make a timeline of the history of U.S. copyright legislation.

Global Studies- The article mentions "second-world" countries. To what do the terms "first-," "second-," and "third-world" refer? Where did these terms originate, and how have their meanings changed over the last two decades?

Journalism- Find and report on some more examples of "copyright horror stories," such as the FOX network's 2003 lawsuit against political satirist Al Franken for his use of the term "fair and balanced."

Science- Investigate the most recent developments in genetic research. What are the current guidelines for patenting human genes?

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Copyright 2004
The New York Times Company