Digital Law Issues: Introduction to Copyright and Fair Use

By Louise Fechter

Learning Objectives

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“How do digital laws such as Copyright Law and Fair Use affect the way that teachers present content in the online learning environment?”

• Define Digital Law and issues associated with it.

• Define Copyright, Fair Use and Transformative Use as it relates to the use of educational content in the online learning environment.

• Practice and Apply Concepts using the four-factor analysis tool to determine how Copyright laws or Fair Use guidelines should be applied to a Case Scenario.

What is Digital Law?

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• Essentially, it is defined as the electronic responsibility for your actions or deeds on the internet.

• The ethical or unethical use of copyrighted content.

Digital Law Issues

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Digital Law Issues often cover:

• File sharing• Pirating software• Identify theft• Plagiarism• Copyright Laws and Fair Use

Copyright Education User Rights

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Copyright Education User Rights, Section 107 Music Video

orhttp://www.youtube.com/user/MediaEdLab#p/u/1/8tWhKeb-fUQ

What is Copyright?

Copyright refers to the digital laws that protect Individuals who

– Create materials– Own materials– Sale it– It gives owners exclusive rights to print,

publish, perform their content in creative ways

6Retrieved from Copyright Education User Rights, Section 107 Music Video

Copyright Categories

Copyright owners usually fit into three categories:

– Internet, text and software

– musical works, lyrics, and video

– photographs, illustrations and data sets

7Retrieved from Copyright Education User Rights, Section 107 Music Video

Remix Culture Fair Use is Your Friend Video

If time permits:

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Remix Culture Fair Use is Your Friend Video

Orhttp://www.screencast.com/t/nwWwTaNCmhh3

What is Fair Use?

• Fair use happens when copyrighted material is reproduced for specific purposes that do not require permission from the copyright owner or a fee for royalties. The material is used for a limited and "transformative“ purpose.

• Transformative use occurs when a new author comments on, criticizes, or parodies a copyrighted work without permission from the copyright owner. Ideally, when this occurs it is to add value to the existing content.

• When using copyrighted content best to use a smaller portion.

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Retrieved from Remix Culture Fair Use is Your Friend Video

Four-factor Analysis Tool

The four-factor analysis tool helps us to examine the:

– purpose and character of use– nature of copyrighted material– effect on potential market effect – amount or sustainability of portion

used

This helps us to make better decisions about the use of copyrighted content.

10Retrieved from Remix Culture Fair Use is Your Friend Video

Discussion Scenario 1 – Part 1

Case Scenario: An instructor scans excerpts from journals, textbooks, and various other sources and to create PDF files for readings in his course. Then, he announces that readings will be available in his online WebCT/Vista course.

11Retrieved from: University of Minnesota Copyright Information and Education.

The digital laws applied in this scenario:

• Copyright Law• Fair Use or • Both

*Do you agree with these statements? Y/N or raise your hand for both.

Discussion Scenario 1 – Part 2

12Retrieved from: University of Minnesota Copyright Information and Education.

What actions could be taken to make this scenario an appropriate use of the Copyright Laws or Fair Use exceptions?

• The four-factor analysis tool could be used in the decision making process.

• The content should be assessed for Copyright or Fair Use:

a) Separately b) One Unit

*Do you agree with these statements? Y/N

Discussion Scenario 1 – Part 3

13Retrieved from: University of Minnesota Copyright Information and Education.

In this scenario, the instructor could have

• Used less of the content.

• Created a link to the original website where the content resides and cited the work properly.

• There was no problem with the way the instructor used the content.

*Do you agree with these statements? Y/N

Discussion Scenario Response 1

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In this scenario, the instructor would conduct a four-factor analysis for each journal article, each textbook section, and any other work she/he wishes to include in the course.

The result may be mixed. Fair use might be applied to some works while other content would require permission from the copyright owner.

Retrieved from: University of Minnesota Copyright Information and Education.

The four-factor analysis tool helps us to examine:

•purpose and character

•nature•market effect •amount or sustainability

Discussion Scenario Response 3

Case Scenario: Copyright is assigned to all original works of authorship even if it has not been published.

As soon as the content is "fixed it becomes a tangible medium of expression,“ and is covered under the Copyright Laws.

The four-factor analysis tool should be used to assess each piece of work regardless of whether it has been published. This will allow the researcher to determine how much of the content is used and whether it affects the potential market.

15Retrieved from: University of Minnesota Copyright Information and Education.

Discussion Scenario 2

Case Scenario: An instructor uses photographs or music in a PowerPoint presentation for his face-to-face class lecture.

16Retrieved from: University of Minnesota Copyright Information and Education.

• He does not need to seek permission from the copyright owners to do so.

• He can make changes to the photograph or music file without repercussions.

*Do you agree with these statements? Y/N

Discussion Scenario Response 2

• Case Scenario: The content was used in a face-to-face classroom, so the instructor does not need to seek permission under section 110 of U.S. Copyright Law.

• Changes that are made to enhance instructional purpose, like commentary, criticism, or parody, are activities permissible under the Fair Use.

17Retrieved from: University of Minnesota Copyright Information and Education.

Discussion Scenario 3

Case Scenario: A researcher uses excerpts from an unpublished work of an article which will be published in an edited collection of critical essays.

• This an acceptable use of Copyright Law. Y or N

18Retrieved from: University of Minnesota Copyright Information and Education.

Quick Assessment

A show of hands please…

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• Is the content relevant to what you do?

• Is the content general enough for a beginner?

*Do you agree with these statements? Y/N

Summary

In Summary

• We defined Digital Law and some of the issues associated with it like how Copyright Rights affect the way that educational content is presented in a digital environment.

• We also defined Fair Use and Transformative Use and described how these principles would be used with educational content.

Finally, we defined the four-factor analysis tool and used it to assess educational content with a case scenario. Again, I’ll reiterate that copyright is the law. So know your facts, know your responsibility and when in doubt ask permission!

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References

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http://digiteen.wikispaces.com/Digital+LawU.S. Copyright Code, 17 U.S.C. § 102(a) or http://www.law.cornell.edu/uscode/17/102.html

http://www.lib.umn.edu/copyright/howitworks

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html

http://www.copyright.gov/fls/fl102.html

Copyright Education User Rights, Section 107 Music Video or http://www.youtube.com/watch?v=8tWhKeb-fUQ%20

Remix Culture Fair Use is Your Friend Video or http://techtv.mit.edu/genres/24-how-to/videos/7692-remix-culture-fair-use-is-your-friend

University of Minnesota Copyright Information and Education or http://blog.lib.umn.edu/copyinfo/scenarios/cat_all.html

http://www.usg.edu/copyright/fair_use_checklist/

Microsoft clipart images are used with the permission of http://office.microsoft.com/en-us/images/