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Fair Use, TEACH Act, Creative Commons

Fair Use, TEACH Act, Creative Commons

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  • 1. © Doug Brown EME5207 March 2009
  • 2. Published November 2008
  • 3. Code of Best Practices  Media Literacy – A 21st Century Skill  Media Literacy Education is to promote critical thinking, effective communication and active citizenship; more 21st century skills.
  • 4. Code of Best Practices Six foundations of media analysis  Messages are constructed  Media have different characteristics and ways of construction  Messages are produced for a reason  Messages have points of view and inherent values  Individuals make their own meaning of a message  Messages can change beliefs
  • 5. Code of Best Practices Fair use is flexible Four factors are considered  Nature of use  Nature of work  Extent of use  Economic effect
  • 6. Code of Best Practices Rules  Rules of thumb like 10% of the work no longer apply  Now it’s the ―rule of proportionality‖  Fair use applies to the portion of the copyrighted work needed to fulfill the educational goal
  • 7. Code of Best Practices Principles ONE—In media literacy lesson: Illustrative material with attribution TWO—In curriculum materials: integrate copyrighted material with attribution THREE—Sharing curriculum materials: Seen, used, purchased FOUR—Students use in academic work: Learn to incorporate, modify, re-present, with attribution FIVE—Developing audience for student work: Internet distribution of work that meets transformativeness standard with attribution
  • 8. Code of Best Practices Educators Should Be Leaders in Fair Use
  • 9. Code of Best Practices Myths List Myth Truth Fair use for lawyers only Fair use belongs to educators Fair use rules of thumb Fair use is situational and work must practiced in context School rules are the last Safe harbor may be word negotiated to include more possibilities Fair use is for critics and Fair use is also for creators parody makers of new content transforming existing works
  • 10. Code of Best Practices Myths List (continued) Myth Truth Fair use is any non- Some commercial may be commercial fair use Fair use is a defense only Fair use is a right You need forms for fair use Nothing official is required for fair use Fair use can get me sued It has not happened yet
  • 11. Code of Best Practices  The TEACH Act of 2002 is never mentioned in the Code  Earlier copyright laws are discussed  Some Code information appears to be not in compliance with the TEACH Act
  • 12. TEACH Act Guidelines For Complying With the TEACH Act
  • 13. TEACH Act Latest US Copyright Law:  Technology, Education, and Copyright Harmonization Act (TEACH Act)  Passed by Congress in 2002
  • 14. TEACH Act  Brought Copyright Law into 21st Century  Provided Parameters for Copyrighted Material to be Digitally Transmitted  Repealed Sections of Copyright Law That Mandated Web Educators Use Protocols That Mimicked Closed Circuit TV Instruction
  • 15. TEACH Act Improvements In Copyright Law  Enhanced breadth of available works  Enhanced opportunities for student locations  Enhanced storage and access to students  Conversion of works to digital format
  • 16. TEACH Act Benefits of the TEACH Act are only available to institutions and educators that comply with the Act
  • 17. TEACH Act The TEACH Act has:  Requirements for institutional policy makers  Requirements for information technology officials  Requirements for instructors
  • 18. TEACH Act Instructor Responsibilities:  Determine if Material is Protected by Copyright  Determine if Material Qualifies for ―Fair Use‖  Determine if Use is Allowable Under the TEACH Act (Hoon, 2002)  Investigate Other Methods of Instructional Material Delivery (Crews, 2003)
  • 19. TEACH Act Instructor “Do’s”:  Limit Use to the Equivalent of a Class Session  Make the Material Part of the Classroom Material Instruction Activities  Notify Students About Copyrighted Material, Copyright Law, and That They Should Not Violate the Rights of the Copyright Holder (Hoon, 2002)
  • 20. TEACH Act Instructor “Dont’s”:  Don’t Use Pirated Works  Don’t Convert Analog Material to Digital Format, Without Complying With Provisions of the TEACH Act  Unless Purchased by the Institution, Do Not Use Commercial Works Marketed for Digital Distance Education Purposes (Crews, 2003)
  • 21. Creative Commons A set of licenses in lieu of copyright that allows a creator to set the permissions of how others can distribute and alter their work
  • 22. Creative Commons License Conditions  Attribution  Share Alike  Non-commercial  No derivative works
  • 23. Creative Commons Licenses  Attribution  Attribution Share Alike  Attribution No Derivatives  Attribution Non-Commercial  Attribution Non-Commercial Share Alike  Attribution Non-Commercial No Derivatives
  • 24. Flickr  Photosharing  Set and Collection Organizing  Photo Editing  Flickr Mapping
  • 25. References Center For Social Media. (2008). The Code of Best Practices in Fair Use For Media Literacy Education. Retrieved March 23, 2009, from http://www.centerforsocialmedia.org/resources/publicati ons/code_for_media_literacy_education/ Creative Commons. (n.d.) Licenses. Retrieved March 27, 2009, from http://creativecommons.org/about/licenses
  • 26. References (cont.) Crews, K.D. (2003). New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act. Retrieved March 13, 2007, from http://www.copyright.iupui.edu/teach_summary.htm Flickr. (2009). Welcome to Flickr. Retrieved March 27, 2009, from http://www.flickr.com
  • 27. References (cont.) Hoon, P.E. (2002). The TEACH Toolkit, An Online Resource for Understanding Copyright and Distance Education. North Carolina State University. Retrieved March 13, 2007, from http://www.lib.ncsu.edu/scc/legislative/teachkit/