West Photography Students Learn the Law, Life Lesson

Among the lessons on lighting and composition, Lakota West art teacher Stephanie Gauer’s students learned a lesson you can’t find in most beginning photography courses. A deep dive into copyright and intellectual property law equipped them with a life skill she hopes they’ll carry into other classes, future careers and life experiences.

“Part of our goal in any art class is to develop a deep appreciation for what goes into an art piece,” Gauer said. The recent lesson struck a chord with many of her students who didn’t realize the depth of the issue surrounding copyright infringement, including its impact on artists and even the legal experts fighting to protect them. 

“It’s something you really need to know no matter what you do (as a job),” reflected Lakota West senior Jordan Jones. 

In a world where artists rely on the internet to sell their work - and where Artificial Intelligence continues to push the boundaries on copyright law - Gauer found her inspiration for the new unit. Three case studies later, plus several debates and a visit from a law professor, and her students have gained an invaluable skill for differentiating what constitutes as fair use of another’s work versus what crosses the line and infringes on an artist’s personal work. 

To kick off the unit, Gauer posed an interesting scenario to her students. She asked them to step into their language arts class, where they have been asked to write a poem. “Would it be okay if you wrote in your own handwriting, in purple ink, a poem you found on the internet?” she asked. The resounding response was “no.” 
She followed up with this scenario. “If you were assigned to draw a portrait of someone important to you and you found a photo of Harry Styles on Google, then drew it…is this okay?” she questioned. The resounding response was “yes.” She went on to explain that this is, in fact, not permissible because they did not create the original photo and it is copyrighted by the photographer. 

The unit that followed shed light on the “why” behind the process that Gauer and her art colleagues follow meticulously with their students. That is, the practice of creating their own unique ideas and original points of reference whenever creating any piece of artwork. 

“Art is all about generating your own ideas and making it a reflection of you and your story,” said Gauer, explaining that her students’ work is usually her best window for getting to know them. “Coming up with an idea is sometimes the hardest part and it’s what makes them invested in their piece, too.”

Gauer was especially excited about introducing the concept in a beginning photography class, in hopes that it would inspire her students to think differently and independently about the photos they create right from the beginning. 

Students worked in groups to study the outcomes of three different real cases, not only to gain an understanding of intellectual property law, but also to see the human impact of the cases. Their research exposed the personal toll the different cases took on the artists’ careers, many of them lasting for several years and even driving artists out of the industry in some cases. 

A special guest speaker rounded out the unit, helping not only reinforce some of what they learned, but also introduce students to a non-traditional career path in art. 

“Mrs. Gauer's students are studying subjects that occupy the attention of art, entertainment, and media lawyers around the world every day,” reflected Timothy Armstrong, the associate dean of faculty and research for the University of Cincinnati’s College of Law. “How can we use the law - and specifically, the copyright system - to make sure creative people receive appropriate credit and compensation for the art works they bring into the world?” 

Armstrong’s visit seemed to add a layer of personal responsibility and drive home Gauer’s original goal of the unit. “Copyright infringement deeply impacts people and from the artist’s point of view, they are sometimes fighting a losing and expensive battle,” she said. 

It’s a lesson she wants her students to carry with them and recall the next time they go to take a photo, paint a canvas or even write a poem.