copyright clarity iste sigtc 4-11

8/7/2019 Copyright Clarity ISTE SIGTC 4-11

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Copyright Clarity

Fair Use for Digital Learning

Renee Hobbs

Kristin HokansonSpiro Bolos



Renee Hobbs is a professor at TempleUniversity¶s School of Communications and

Theater, where she founded the MediaEducation Lab.

Kristin Hokanson works at Upper MerionHigh School in King of Prussia PA.

Spiro Bolos is a social studies teacher atNew Trier High School in Winnetka IL.

About thePresenters



Reflects the ³bestpractices´ of

educators who usecopyrighted materialto build criticalthinking and

communication skills

Supported by a grant from the John D. and Catherine T MacArthur Foundation



How do teachers cope?

See no Evil Close the Door Hyper-Comply



Article 1 Section 8 U.S. Constitution

T o promote the Progress of Science and the useful Arts,

by securing for limited T

imesto Authors & Inventors theexclusive Right to their

respective Writing and Discoveries



Copyright Confusion



OWNERS USERS

Copyright Law Balances Rights of

Owners and Users



ItIts time tos time toreplace oldreplace oldknowledgeknowledge

withaccurate

knowledge



EVERYTHING IS COPYRIGHTED



Creative ControlCreative ControlThe Copyright Act grants five rights to a copyrightowner:

1. the right to reproduce the copyrighted work;

2. the right to prepare derivative works basedupon the work;

3. the right to distribute copies of the work to thepublic;

4. the right to perform the copyrighted work

publicly; and

5. the right to display the copyrighted workpublicly.



Copyright law enables people to controlthe creative works

they produce

LOVE HATE



Violating Copyright Can Be ExpensiveThe Copyright holder may receive statutory damages for all infringements involved

in the action« not less than $750 or more than $30,000 as the court considers just.[...]

When infringement was committed willfully, the court in its discretion may increasethe award of statutory damages to a sum of not more than $150,000."

LOVE HATE



EVERYTHING IS COPYRIGHTED

«BUT THERE ARE EXEMPTIONS



--Section 107

Copyright Act of 1976

The Doctrine of Fair Use



The Doctrine of Fair UseThe Doctrine of Fair UseCriticism, comment, news reporting,teaching, scholarship, research

« but also many forms of creativework that advance and spread

innovation



The Doctrine of Fair UseThe Doctrine of Fair UseCriticism, comment, news reporting,teaching, scholarship, research

« but also many forms of creativework that advance and spread

innovation

Fair use of copyrighted materials is allowedwhen the benefits to societyoutweigh the private costs

to the copyright holder

Fair use preventscopyright law from becoming

a form of private censorship



The effective use of

copyrighted materialsenhances the teaching and

learning process.



USERS RIGHTShttp://copyrightconfusion.wikispaces.com/Vid

eos



Is this Use of Copyrighted

Materials a Fair Use?

�Did the unlicensed use

transform

the material taken from thecopyrighted work by using it for a different purpose than that of the

original, or did it just repeat the work for the same intent and value as

the original?

�Was the material taken appropriate in kind and amount, consideringthe nature of the copyrighted work and of the use?



Bill Graham Archives vs. Dorling Kindersley, Ltd.

(2006)



An Example of Transformative Use

The purpose of the original: togenerate publicity for a concert



An Example of Transformative Use

The purpose of the original: togenerate publicity for a concert

The purpose of the new work:to document and illustrate theconcert events in historical

context



Exercising

Your Fair Use

ReasoningInvolves

Critical

Thinking



Misconceptions



Educational Fair UseGuidelines



The documents created by these negotiatedagreements give them the appearance of

positive law. These qualities are merely illusory,and consequently the guidelines have had aseriously detrimental effect. They interfere withan actual understanding of the law and erode

confidence in the law as created by Congressand the courts

--Kenneth Crews, 2001

Guidelines are confusing

AND they are NOT the Law!



Rigid adherence to³Educational Use Guidelines´may interfere with

students¶ ability to thinkcritically about the

copyrighted materials they areusing



Requiring students to useONLY Creative Commonscontent does not

require students to thinkcritically about the

media and materials theyare using



PLAGIARISM

Using other peoplescreative work by passing

it off as your own

COPYRIGHT INFRINGEMENT

A legal violation of the rights of authors, who can control access to

their creative work

ATTTRIBUTION CitingYour Sources



PLAGIARISM

Using other peoplescreative work by passing

it off as your own

COPYRIGHT INFRINGEMENT

A legal violation of the rights of authors, who can control access to

their creative work

ATTTRIBUTION CitingYour Sources

FINES & OTHERPENALTIES



³Citing Your Sources´

does not protect from copyrightliability



Licensing and Permissions



BE AWARE:

LicensingTrumps

Fair Use



What things might not qualify for the fair use exemption?

�Library movie night

�Using copyrighted images for promotional/marketing purposes




Helping teachers cope



Codes of Best Practice



http://mediaeducationlab.com/video-overview



Educators can:

1. make copies of newspaper articles, TV shows, andother copyrighted works and use them andkeep them for educational use

2. create curriculum materials and scholarship with copyrightedmaterials embedded

3. share, sell and distribute curriculum materials with

copyrighted materials embedded

Learners can:4. use copyrighted works in creating new material

5. distribute their works digitally if they meetthe transformativeness standard



Context & Situation

A team of elementary educatorsshows the Disney movie The LittleMermaid to three classes of Grade3 students on the day before winter break in the school auditorium.



Practice exercising your

Fair Use Muscles...

�Did the unlicensed use transform the material taken from the

copyrighted work by using it for a different purpose than that of the

original, or did it just repeat the work for the same intent and value as

the original?

�Was the material taken appropriate in kind and amount, considering

the nature of the copyrighted work and of the use?



Choices for the User �Claim fair use

�Ask permission�Buy a license

�Use public domain, royalty-free or Creative

Commons licensed content

�Don¶t use it



Other Resourceshttp://mediaeducationlab.com



Elementary School Case Study:P.S. 124 The Silas B. Dutcher SchoolBrooklyn, NY

Video Case Studies

High School Case Study:Upper Merion Area High SchoolKing of Prussia, PA

College Case Study:Project Look Sharp at Ithaca College

Ithaca, NY



Renee HobbsTemple UniversityEmail: [email protected]: reneehobbs

Kristin HokansonUpper Merion High SchoolEmail: [email protected]

Spiro BolosNew Trier High SchoolEmail: [email protected]

Contact Us

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