Copyright Laws and Educational Fair Use What are we allowed to photocopy, download, distribute, or play?
Have you ever wondered: What resources are teachers legally allowed to use for instructional purposes without infringing on copyright laws? http:// www.istockphoto.com/stock-photo-6426216-students-in-a-classroom.php
What if I wanted to use this photograph in my classroom? <ul><li>When this magnificent photograph was taken it was immediately protected by copyright law, but the photographer wanted others to be able to use his photo as long as he was credited, so he uploaded it to Flickr and obtained a Creative Commons license, allowing me to share it with you today as part of this presentation…without the risk of paying a fine of up to $150,000 (plus damages and attorney fees!) </li></ul><ul><li>http://www.flickr.com/photos/cocoya/2329802790/ </li></ul>
Let us begin with the basics…. <ul><li>As we teach 21 st century skills, media literacy becomes as important as the ability to read and write. </li></ul><ul><li>Media literacy is the capacity to access, analyze, evaluate, and communicate in a wide variety of forms. </li></ul><ul><li>Media literacy education promotes heightened consciousness of media’s role in personal and social life, strengthens skills of critical analysis, and develops people’s ability to use language, print, sound, visual and digital media for self-expression, communication and citizenship. </li></ul>
What are opyrights? <ul><li>opyrights are exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt </li></ul><ul><li>the work. </li></ul><ul><li>opyrights prevent individuals from altering the work of authors, artists, musicians and creative minds </li></ul>
Copyright Law Protects: <ul><li>The works of authors, photographers, moviemakers, poets, composers, singers, architects, musicians and creative minds like YOU…everything you create is protected by copyright law </li></ul>
If there are copyright laws….. <ul><li>Does that mean that teachers can’t reproduce, distribute, or utilize the works of others for instructional purposes? </li></ul><ul><li>NO! </li></ul>
Educational Fair Use: <ul><li>Fair use is a policy in copyright law that allows the use of copyright material without obtaining permission from the author </li></ul>
Under Fair Use: <ul><li>You can use someone else’s creation for the following purposes: </li></ul><ul><li>Educational </li></ul><ul><li>Research </li></ul><ul><li>News reporting </li></ul><ul><li>Criticism </li></ul><ul><li>Commentary </li></ul>
Four determining factors for fair use: <ul><li>The purpose of the use is educational and non-profit – you are using someone else’s work to educate individuals and are not selling it to gain a profit </li></ul><ul><li>The nature of the copyrighted work </li></ul><ul><li>Copyrighted material must be a non-critical excerpt </li></ul><ul><li>You are not impairing the marketability of the work </li></ul>
Does that mean I can copy the entire book, pass it out to my students, and not purchase it? <ul><li>NO! </li></ul><ul><li>The following examples are not protected under the Fair Use policy: </li></ul><ul><li>Copying and using the same work repeatedly semester after semester and year after year </li></ul><ul><li>Making extensive amounts of copies instead of purchasing the workbooks or textbooks </li></ul><ul><li>Using materials for commercial use </li></ul>
Five principles for the use of copyrighted materials and media literacy to which the doctrine of fair use apply <ul><li>These principles apply to all forms of media (print, images, Web sites, moving-image media, and sound media, among others) </li></ul><ul><li>The principles apply in institutional settings and non-school based programs </li></ul>
Principle 1: Employing Copyrighted Material in Media Literacy Lessons <ul><li>Educators can use televised news, advertising, films, photographs, newspaper and magazine articles, Web sites, video games, and other copyrighted materials to engage learners in critical thinking, conceptual understanding and communication. </li></ul><ul><li>Educators should always provide attribution and cite the creators of the copyrighted materials. </li></ul>
Principle 2: Employing Copyrighted Material in Preparing Curriculum Materials <ul><li>Under Fair Use teachers can integrate copyrighted materials into the curriculum such as books, workbooks, podcasts, DVDs, videos, and Web sites. </li></ul><ul><li>Teachers should always provide attribution and the material being used should meet the standards for curriculum development (instructional objectives, learning goals) </li></ul>
Principle 3: Sharing Media Literacy Curriculum Materials <ul><li>Informal sharing of materials through professional development, electronic mail and team planning sessions is allowed </li></ul><ul><li>Be careful to only use what is necessary when planning the curriculum (a small portion rather than the entire work) </li></ul>
Principle 4: Student Use of Copyrighted Materials in their Own Academic and Creative Work <ul><li>Students strengthen media literacy skills by using images, sounds, and digital media to express themselves </li></ul><ul><li>Teachers should encourage students to incorporate, modify, and re-present existing forms of media in their own work as long as this does not inhibit their own creativity </li></ul>
Principle 5: Developing Audiences for Student Work <ul><li>If students work incorporates, modifies, and re-presents existing media content it can be distributed to wide audiences under the Fair Use doctrine </li></ul>
What if I create something and want others to use it? <ul><li>Visit the Creative Commons link on the Glog to find out how you can share your own creations with others </li></ul>
References <ul><li>Code of Best Practices in Fair Use for Medial Literacy Education </li></ul><ul><li>http://www.ncte.org/positions/statements/fairusemedialiteracy </li></ul>
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