Navigating fair use and copyright law


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Navigating fair use and copyright law

  1. 1. NAVIGATING FAIR USE AND COPYRIGHT LAW: A Case Study on How Students Compose Multimodal Compositions – Nicole Williams, Ball State University
  2. 2. “Copyright is a form of protection provided by the laws of the United States (Title 17, U.S. Code) to the authors of ‘original works,’ including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.” (US Copyright Office) Copyright Law
  3. 3. 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. Amount and substantiality of the portion used in relation to the copyrighted works as a whole; and 4. The effect of the use upon the potential market for or value of the copyrighted work. Fair Use: The Four Factors
  4. 4. How do I teach my students something that I have trouble understanding? How do I explain something to them that has no cut and dry rules for them to follow? Does it hinder their creativity? Do they think about the law at all? Do they limit their options because of the law? Is the quality of their projects and learning affected by it? Questions: My Focus
  5. 5. Instructor of FYC Qualitative Study Two part interview study of students composing multimodal projects in FYC Analysis of interviews and projects All names have been changed for confidentiality Case Study and Context
  6. 6. 1. How many multimodal compositions (projects that combine image, audio, or text) have you created for high school or college classes? 2. What type of project are you creating for this multimodal assignment? 3. What is your plan, step-by-step, for creating this project? 4. Where are you finding materials such as images, audio, and text for your project? 5. How are you using these modes (images, audio, and text) in your project? 6. Have you run into any problems or complications with creating your project so far? Interviews Questions: Set One
  7. 7. 1. Describe your final project to me. 2. Did you have to make any adjustments to the initial plan you discussed with me in your first interview? If so, what? 3. Were you able to find all the images, audio, and text you required for your project? 4. Where you able to use all the images, audio, and text you wanted to for your final project? 5. How did you document the sources you used for your project? 6. Did you have to change your plan or project in any way due to limitations of fair use and copyright law? Interview Questions: Set Two
  8. 8. “no…I went to Google and found it pretty easy” “it changed completely…I thought it would be more difficult using IMovie cause you would have to find clips and cut it down for plagiarism…so I think my project is easier now.” Interview One: Diane
  9. 9. “from different websites and I actually encountered a problem with the first website because I scrolled down to the bottom and it was like you can’t use this because of copyright laws…that put me at hold for a minute so I had to do more research to find more images.” “I have to give credit where credit is due and the images I have are credited to someone so when I do my works cited it will be pretty Interview Two: Ann
  10. 10. “I am nervous about getting around certain fair use things…I don’t know my limitations…I’m going to talk to my teacher” Interview Three: Mike
  11. 11. “No. Maybe I should be a little more conscientious about it, but I am not going to get in trouble…I’m just going to have to cite everything.” Interview Four: Kate
  12. 12. “I’m using Google to find a broad range of images and the video I converted from Youtube and clipped it” “As long as I do my works cited right it will be alright” Interview Five: Justin
  13. 13.  “No cause I didn’t use any music and the videos that I used were from CNN and YouTube” Interview Six: Michelle
  14. 14. “The images I found fairly easy but citing them is going to take awhile because there are a good 20-25 of them. The music was easy cause I already had the CD’s, so I used Audacity to cut down the songs to where they were short clips to avoid copyright infringement” “there were a few pictures I really liked, but I couldn’t find the origin of the pictures” “I had to shorten one song a little more cause I didn’t want to use to much of the song in my project for Interview Seven: Jamie
  15. 15. Two Issues: o Hinders creativity  Confused with citation Case Study: Results
  16. 16. Pedagogical methods Understand students confusion Language of fair use doctrine The Future