Standing on the Shoulders of Giants: Copyright and Fair Use
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Standing on the Shoulders of Giants: Copyright and Fair Use

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A one day workshop on copyright and fair use for educators, drawing heavily on the work of Renee Hobbes

A one day workshop on copyright and fair use for educators, drawing heavily on the work of Renee Hobbes

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  • Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress: “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
  • 12/09/10 I am pleased to have the opportunity to talk with you today. There is no more important work than the work that you do.
  • 12/09/10 Spend two minutes talking with a neighbor about interesting patterns that you see in the data. Let’s focus on the growth in the college-high school wage differential. Now I could have given you the data in a different form. Would this have worked as well for your brainstorming?
  • 12/09/10
  • 12/09/10 Classroom management as an example. Leading a school as an example. Making constructive use of student assessment results.
  • 12/09/10 Big decline in routine cognitive: the filing and bookkeeping are being done to a large extent by computers and to a lesser extent work is sent off shore. Big growth in tasks involving what Frank and I call Expert Thinking and Complex Communication Skills. What is involved in becoming good at these skills?
  • 12/09/10 Are the students in your school being prepared to provide the type of answers that the second student gave? Did schools do a better job 35 years ago?
  • 12/09/10

Standing on the Shoulders of Giants: Copyright and Fair Use Standing on the Shoulders of Giants: Copyright and Fair Use Presentation Transcript

  • Standing on the Shoulders of Giants Copyright, Fair Use, Citation, Plagiarism and Web Literacy Justin Reich EdTechTeacher.org Harvard Graduate School of Education
  • Who are you?
  • Questions and Goals?
  • Questions for the Day
    • What is Copyright?
    • What is Fair Use?
    • What are our rights as educators with regards to fair use?
    • What is the Creative Commons?
    • Where can we find Creative Commons Licensed materials?
    • What is crediting? How do we help students learn to credit?
  • Scenario #1
    • A group of your students are meant to put on a scene from Hamlet. They get so excited practicing for it, that they decide to film the scene with props, special effects, and so forth. During one part of the scene, they play about 2 minutes of Gnarls Barkley’s “Crazy” in the background. Is it OK for you to show the video in your class? Is it OK to post the video on your school’s password protected Web site? Is it OK for you to post the video on YouTube?
  • What is the purpose of
  • To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
  • Why do we care so much about copyright now?
  • Print Media vs. New Media
    • Source material too long too copy in entirety
    • Clearly defined guidelines for quoting and paraphrasing
    • Clearly defined citation guidelines
    •   Teachers have experience throughout their academic career
    • Easy to copy entire works
    • Unclear guidelines for fair use
    • No citation guidelines
    • Brand new for teachers
  • Skills for 21 st Century Work and Life Richard J. Murnane Harvard Graduate School of Education
  • Men's real hourly wage by education, 1979-2006 (2006 $)
  • Computerizing the Routine Tasks: Self-Service Check-In
  • Types of Tasks Computers Do Not Well
    • Tasks that cannot be described well as a series of if-then-do steps because:
      • “ We know more than we can tell.” (Polyani).
      • Not all contingencies can be predicted ahead of time.
      • We learn to define the task and accomplish it through social interactions.
  • Economy-Wide Measures of Routine and Non-Routine Task Input: 1969-1998 (1969=0)
  • What was the date of battle of the Spanish Armada?
    • Student 1 : 1588.
    • Q. How do you know this?
    • It was one of the dates I memorized for the exam.
    • Q. Why is the event important?
    • I don’t know.
    • Student 2 : It must have been around 1590.
    • Q. How do you know this?
      • I know the English began to settle in Virginia just after 1600, although I’m not sure of the exact date. They wouldn't have dared start overseas explorations if Spain still had control of the seas. It would have taken a little while to get expeditions organized, so England must have gained naval supremacy somewhere in the late 1500's.
    • Q. Why is the event important?
      • It marks a turning point in the relative importance of England and Spain as European powers and colonizers of the New World.
    This example is taken from Bransford, Brown and Cocking (eds.)
  • Implications for Education
    • Expert Thinking and Complex Communication are not new subjects to add to the curriculum. They should be at the center of instruction in every one of the existing subjects.
  • What are 21 st Century Skills?
    • Levy and Murnane: Expert Thinking and Complex Communication
    • Skills where humans have a comparative advantage over computers in a labor market
    • [[What they are not: skills invented in the 21 st century]]
    • Levy F. and Murnane R., The New Division of Labor, Princeton UP
  • http://www.youtube.com/watch?v=pEHcGAsnBZE
  • Copyright Basics
    • What is copyright?
    • What can be copyrighted?
    • What can’t be copyrighted?
    • How does one copyright a work?
    • (Copyright Basics Pages 1-4)
  • Changing Nature of Copyright
    • Lewis Hyde on the History of Copyright (through 9:10 or so)
  • Technology makes it easy to:
    • Use and share
    • Copy
    • Modify & Repurpose
    • Excerpt & Quote From
    • Distribute
  • Owners forcefully assert their rights to:
    • Restrict
    • Limit
    • Charge high fees
    • Discourage use
    • Use scare tactics
  • How Teachers Cope See no Evil Close the Door Hyper-Comply
  • What educational guidelines are out there?
  • Problem: NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions Fair Use Guidelines for Educational Multimedia Guidelines for the Educational Use of Music Educational Use Guidelines are Confusing! Some of these guidelines are reproduced in the legislative notes to the 1976 Copyright law, but these are NOT part of the law. Objections to the guidelines were not reproduced in full in the legislative notes…
  • It’s time to replace old knowledge with accurate knowledge
  • The Doctrine of Fair Use --Section 107 Copyright Act of 1976
  •  
  • The Doctrine of Fair Use “ It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses— quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledge—would be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.” --Carrie Russell, American Library Association
  • Fair Use is what makes copyright constitutional!
  • What is the doctrine of Fair Use?
    • Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
  • Fair Use Factors
      • The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
      • The nature of the copyrighted work
      • The amount and substantiality of the portion used in relation to the copyrighted work as a whole
      • The effect of the use upon the potential market for, or value of, the copyrighted work
  • Scenario #1
    • A group of your students are meant to put on a scene from Hamlet. They get so excited practicing for it, that they decide to film the scene with props, special effects, and so forth. During one part of the scene, they play about 2 minutes of Gnarls Barkley’s “Crazy” in the background. Is it OK for you to show the video in your class? Is it OK to post the video on your school’s password protected Web site? Is it OK for you to post the video on YouTube?
  • http://www.youtube.com/watch?v=2TO96CpCGE0
  • Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills
  • Five Principles Code of Best Practices in Fair Use
    • Educators can:
    • make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use
    • create curriculum materials and scholarship with copyrighted materials embedded
    • share, sell and distribute curriculum materials with copyrighted materials embedded
    • Learners can:
    • use copyrighted works in creating new material
    • distribute their works digitally if they meet the transformativeness standard
  • Transformative Use is Fair Use When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.  --Joyce Valenza, School Library Journal
  • Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
  • An Example of Transformative Use
      • The purpose of the original: To generate publicity for a concert.
      • The purpose of the new work: To document and illustrate the concert events in historical context.
  • http://www.youtube.com/watch?v=8tWhKeb-fUQ
  • Organizations Supporting the Code of Best Practices Action Coalition for Media Education (ACME) National Association for Media Literacy Education (NAMLE) National Council of Teachers Of English (NCTE) Visual Studies Division International Communication Association (ICA) Association of College and Research Libraries (ACRL)
  • Exercising Your Fair Use Reasoning Involves Critical Thinking
  • Educators Can Rely on Fair Use National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use
  • The Code of Best Practices Helps
    • To educate educators themselves about how fair use applies to their work
    • To persuade gatekeepers, including school
    • leaders, librarians, and publishers, to accept well-founded assertions of fair use
    • To promote revisions to school policies regarding the use of copyrighted materials that are used in education
    • To discourage copyright owners from threatening or bringing lawsuits
    • In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.
  • Communities of Practice Assert Their Fair Use Rights
  • Is Your Use of Copyrighted Materials a Fair Use?
    • 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?
  • Copyright Scenarios
    • http://mediaeducationlab.com/case-study-video-high-school
    • http://mediaeducationlab.com/case-study-video-elementary
    • http://mediaeducationlab.com/case-study-video-curriculum-materials-creation
  • More Copyright Scenarios
    • http://copyrightconfusion.wikispaces.com/Scenarios
  • Questions for the Day
    • What is Copyright?
    • What is Fair Use?
    • What are our rights as educators with regards to fair use?
    • What is the Creative Commons?
    • Where can we find Creative Commons Licensed materials?
    • What is crediting? How do we help students learn to credit?
  • Creative Commons Licenses
    • http://creativecommons.org/about/licenses/
  • Creative Commons Search
    • http://search.creativecommons.org/
  • Advanced Google Searching Video Tutorial Part I Video Tutorial Part II
  • Key Words and Searching
  • Google Custom Search Video Tutorial
  • Assessing Credibility
    • a. http://zapatopi.net/ treeoctopus/
    • b. http://newdeal.feri.org/
    • c. http://www.dhmo.org/
    • d. http://www.bigredhair.com/boilerplate
  • More Resources
    • http://copyrightfriendly.wikispaces.com/
  • Questions for the Day
    • What is Copyright?
    • What is Fair Use?
    • What are our rights as educators with regards to fair use?
    • What is the Creative Commons?
    • Where can we find Creative Commons Licensed materials?
    • What is crediting? How do we help students learn to credit?
  • Scenario #2
    • A student turns in a paper with no quotations, citations, or evidence from other sources. When you ask him why he’s missing this material he says, “Well, I didn’t want to plagiarize like you were telling us about, so I just wrote the paper based on my own ideas and general knowledge.” What would you do?
  • Standing on the Shoulders of Giants
    • For students, plagiarism is a crime. You can avoid committing the crime by
      • a) crediting sources (hard)
      • b) not providing evidence (easy)
    • For scholars, crediting lets you stand on the shoulders of giants.
      • You can be explicit about who you agree and disagree with
      • You can demonstrate your command of a relevant body of knowledge
      • You can build on the works of others
  • Standing on the Shoulders of Giants
    • Teach Students to be Scholars
    • Thus, crediting sources is not a defensive act to prevent committing a crime, but another opportunity for students to demonstrate their initiative, creativity, thoroughness, and care.
  • Scenario #3
    • A student turns in a paper for your classes with a very peculiar thesis: that advances in spectroscopy are responsible for advances in the computing revolution. You do a Google Search for the phrase “advances in spectroscopy are responsible for advances in the computing revolution” and find a paper on the subject. You confront the student about it and explain that what she’s done is plagiarism. She looks at you with horror and says that she didn’t know, she didn’t understand, and that she didn’t paraphrase or quote from the paper. She just couldn’t think of a good idea for her paper so she searched around. Once she found the idea, she wrote the rest of the paper herself. What would you do?
  • Preventing Plagiarism
    • Standing on the shoulders of giants vs. Avoiding penalties
    • Build works through drafts and in class
    • Maintain a draft trail (blogs, wikis, google docs, notebook, etc.)
    • Demonstrate a clear commitment to identifying plagiarism and creating a fair classroom environment
    • Contract with your students so that they know they are responsible for understanding academic honesty expectations and following them
  • Technology Strategies
    • TurnItIn.com
    • Proactive use
    • Reactive use
    •  
    • Google Advanced Search
    • Search for an odd phrase
    • Search for an unlikely combination of words
    • Search for “out of voice” writing
  • Credits
    • All slides with ETT background are created by Justin Reich, with a CC Attribution-ShareAlike 3.0 license.
    • Slides with the HGSE background are designed by Richard Murnane, used with permission
    • All other slides are from Renee Hobbs and the Media Education Lab