Fair Use, <ul><li>and the classroom </li></ul>Video Use
Fair Use? What does that mean? <ul><li>Fair use is the right to use copyrighted </li></ul><ul><li>material without permission or payment </li></ul><ul><li>under some circumstances. </li></ul>
<ul><li>Copyright gives original creators limited property rights. </li></ul><ul><li>Fair use gives other creators the rights to reuse portions of the same copyrighted material without permission. </li></ul>recycling of old to make new Again…
Why is this so important today? <ul><li>Video has become more prevalent </li></ul><ul><li>and visible on the digital platform. </li></ul>YouTube YouTube YouTube YouTube YouTube You Tube mashup remix online parody
Why is this so important to educators? <ul><li>Technology is an important part of our students’ </li></ul><ul><li>lives and sharing videos digitally is one of today’s </li></ul><ul><li>hottest trends. </li></ul><ul><ul><li>Teachers integrate digital video into their lessons. </li></ul></ul><ul><ul><li>Teachers encourage students to use digital video to share what they have learned. </li></ul></ul>
Let’s start at the beginning with some rules for schools using a video without Public Performance Rights: <ul><li>It must be used by a nonprofit institution. </li></ul><ul><li>It must be shown by teachers and students in a regularly scheduled class. </li></ul><ul><li>It must be shown in a classroom or other instructional place. </li></ul><ul><li>It must be shown from a legally acquired (purchased or rented) copy of the program. </li></ul><ul><li>It must be directly related to the lesson at hand. </li></ul>
What about uploading an entire video to the school’s server? <ul><li>It is okay if… </li></ul><ul><ul><li>• it is in the public domain (no copyright holder can be found) </li></ul></ul><ul><ul><li>• it is 100% student or teacher created </li></ul></ul><ul><ul><li>• the school has permission from the copyright holder </li></ul></ul>Uploading a copyrighted DVD to the school’s server could be considered a duplication or a public performance and would, therefore, violate copyright laws.
What about videos recorded from the television? • A broadcast program, but not a cablecast program, may be recorded off-air and retained by a non-profit educational institution for 45 days. After 45 days it must be destroyed. • Off-air recordings must be used once during the first 10 days by individual teachers in the course of relevant teaching activities, and repeated once if necessary. • Off-air recordings may not be regularly recorded in anticipation of requests. • All copies of off-air recordings must include the copyright notice on the broadcast program as recorded. • Excerpts may be used in class, but the programs may not be altered or electronically combined with other work.
What about inserting portions of legally acquired videos into mashups (digital composites)? This is okay if… <ul><li>The use of the material is transformative in nature. </li></ul><ul><li>The material taken was appropriate in kind and amount. </li></ul><ul><li>The new use does not cause excessive economic harm to the original creator. </li></ul>
Transformative in Nature <ul><li>A portion of the copyrighted work is used to produce insight or understanding. </li></ul><ul><li>The borrowed content is informative or factual* and was not inserted strictly for entertainment value (though, the informative piece could be entertaining). </li></ul>*Some courts have ruled that if the original work was produced for educational purposes rather than for general public use, then the use in the classroom is less likely to be fair use.
Appropriate in Kind and Amount <ul><li>The portion of copyrighted material that is </li></ul><ul><li>borrowed is measured in relation to the </li></ul><ul><li>entire work. </li></ul>Work that competes with the original work constitutes harm to the market and is not fair use. Economic Effect
This is all kind of vague. Can you give me some “fair use” rules?
<ul><li> • it does not follow a specific formula </li></ul><ul><ul><li>• it does look at cultural benefit </li></ul></ul><ul><ul><li>• it does weigh the economic effect </li></ul></ul><ul><ul><li>• it does follow “rule of reason”* </li></ul></ul>Not really...fair use is flexible 1. the purpose and character of the use 2. the nature of the copyrighted work 3. the amount and substantiality of copying 4. the market effect *Courts look at the following when deciding if the benefit is greater than the economic loss to the copyright holder:
<ul><li>References </li></ul>American University, & Ford Foundation. (2008). Code of best practices in fair use. Washington, D.C.: Center for Social Media. Retrieved October 23, 2009, from http://www.centerforsocialmedia.org/files/pdf/online_best_practices_in_fair_use.pdf. Bartrom, L. (2009). Fair Use Guidelines. TechTrends: Linking Research & Practice to Improve Learning, 53(5), 14-15. http://search.ebscohost.com, doi:10.1007/s11528-009-0317-3 Koss, J. (2009). The DVD Dilemma. School Library Journal, 55(10), 34-36. http://search.ebscohost.com Simpson, C. (2008). Copyright Questions of the Month. Library Media Connection, 27(2), 46. http://search.ebscohost.com Thoman, E., & Jolls, T. (2008). Literacy for the 21st century An overview and orientation guide to media literacy education. Santa Monica, CA: Center for Media Literacy.