Emily Bennett
For: EME5207
Spring II- 2009

DIGITAL CITIZENSHIP
Copyright and Fair Use
 What is Fair Use and how does it relate to
  Copyright?
 How can you use what you know to impact...
What is Fair Use?

 Fair use is “the right to use copyrighted material
  without permission or payment under some
  circu...
What is Media Literacy Education?

   Media literacy can be taught and learned.
   Media Literacy is “The capacity to ac...
What Does This Mean For Teachers?
 We as teachers know that students will use these
  forms of communication regardless o...
What does this have to do with
Copyright?
 Copyright law has grown confusing as media
  literacy education evolves and ta...
YIKES! I’d rather not
bother!
 Making and sharing media aids the development
  of critical thinking and communication ski...
Ah Ha! Teachers get Special
Privileges!
 This is indeed true.
 Teachers and learners who use copyrighted
  materials in ...
BUT…
 That does not give teachers the right to use anything
  they want. There are certain limitations.
 As always, mone...
More on Fair Use
 Judgment of whether use is “fair” takes into
  consideration, “all the facts and circumstances… to
  de...
More on Fair Use

 Fair Use applies to all forms of media
 It applies to both school and non school
  based programs lik...
Just a little more…

 Student work that transforms the original
  material can be distributed to wide
  audiences.
 “Edu...
Flawed Beliefs
 Many believe there are set guidelines that must
  be followed in order to stay within the
  framework of ...
In Actuality

 There are no solid guidelines or rules. Fair use
  is “situational” and “context is critical”
 You do not...
“I’m still not sure I see the
  benefits”
Why should I bother using copyrighted material fair use
  or not?
 “Copying, qu...
“I’m still not sure I see the
benefits”
 Student use of copyrighted material helps them
  “learn how juxtaposition reshap...
quot;Ok, ok… So what should I be
doing?”
Here are some things teachers should take into
  consideration:
 Teachers can ma...
More Considerations

 Educators should model correct attribution and
  citation practices.
 Educators should work to pro...
More Considerations

 Educators should model the permissions process
  and help students differentiate between:
   Mater...
What Does this Mean for
Teachers at Morning Star?
 It is especially important to provide our
  students with media litera...
Want some ideas?
Try Creative Commons
 Non-profit organization meant to allow artists to share
  their work and allow it ...
More ideas

Try Flickr
 Flickr works in conjunction with Creative
  Commons. Students and teachers can freely
  use pictu...
Lesson Ideas- Primary-
Intermediate
 Teach students to search the Flickr site for CC
  licensed materials.
 Allow studen...
Lesson Ideas– Intermediate-
Junior High
 Search for pictures and videos.
 Create a story using the images to illustrate
...
Lesson Ideas– Intermediate-
Junior High
 Use Flickr and CC licensed images to create a
  digital story.
 Allow students ...
Lesson Ideas-- All

 Have students create their own media either
  individually or working in groups.
 This can be done ...
This presentation was made
possible by:
 Copyright Symbols by MikeBlogs
 Fuzzy copyright by PugnoM
 Your life has been ...
This presentation was made
possible by:
 The Code of Best Practices in Fair Use for Media
  Literacy Education. (2008, No...
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Digital Citizenship

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Digital Citizenship

  1. 1. Emily Bennett For: EME5207 Spring II- 2009 DIGITAL CITIZENSHIP
  2. 2. Copyright and Fair Use  What is Fair Use and how does it relate to Copyright?  How can you use what you know to impact your teaching?  Why is it important to know the answers to these questions? BECAUSE IT WILL HELP PREPARE YOUR STUDENTS FOR 21st CENTURY LEARNING!
  3. 3. What is Fair Use?  Fair use is “the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008)  The Code does not tell you the limits of fair use rights. It’s only a guideline.  The code of best practices was reviewed by a committee of legal scholars and lawyers expert in copyright and fair use.
  4. 4. What is Media Literacy Education?  Media literacy can be taught and learned.  Media Literacy is “The capacity to access, analyze, evaluate, and communicate messages in a wide variety of formats.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008)  This responds to demands of “cultural participation in the 21st century.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008) In the 21st century, students need to know how to communicate in many different ways. Communication can be through writing, emailing, blogging, tv, newspapers, even podcasts.
  5. 5. What Does This Mean For Teachers?  We as teachers know that students will use these forms of communication regardless of what and how we teach them.  Students must be aware that  Media messages contain values and varying points of view.  People construct their own meaning from media messages.  Messages “can influence beliefs, attitudes, values, behaviors and the democratic process.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008) Students need to be taught how to interpret the messages they receive through all kinds of media.
  6. 6. What does this have to do with Copyright?  Copyright law has grown confusing as media literacy education evolves and takes on greater purposes in the classroom. Fear and confusion about copyright can hinder the teaching and learning process.
  7. 7. YIKES! I’d rather not bother!  Making and sharing media aids the development of critical thinking and communication skills. It allows for reflection on creative choices and helps students grasp the power of communication.  Because of the value of media literacy education, teachers can and should make use of the Fair Use provisions.  Teachers teaching media literacy education may sometimes use copyrighted materials under the provisions of Section 110(1) and (2) of the Copyright Act.
  8. 8. Ah Ha! Teachers get Special Privileges!  This is indeed true.  Teachers and learners who use copyrighted materials in the education setting:  Have certain copyright advantages  Are less likely to be challenged by rights holders  Are more likely to receive special consideration under fair use because the use occurs in the education setting. In essence, it’s a copyright cushion
  9. 9. BUT…  That does not give teachers the right to use anything they want. There are certain limitations.  As always, money is key. It is not likely to be considered fair use if the school or the individual makes a profit from the work.  It is also not likely to be fair use if the use results in the loss of profit for a company. (So no more copying consumable workbooks)  Fair Use doctrine is flexible and open to interpretation. It works to the advantage of the user.  “Four Factors”  The nature of the use  The nature of the work used  The extent of the use  It’s economic effect
  10. 10. More on Fair Use  Judgment of whether use is “fair” takes into consideration, “all the facts and circumstances… to decide if an unlicensed use of copyrighted material generates social or cultural benefits that are greater than the cost it imposes on the copyright owner.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008)  Questions to consider:  Was the copyrighted work “transformed” or used for the original intent?  Were the kind and the amount of material taken appropriate under the circumstances? Copyrighted material can often be appropriately used for teaching and learning.
  11. 11. More on Fair Use  Fair Use applies to all forms of media  It applies to both school and non school based programs like after school, camp and religious programs.  It is irrelevant where the material was obtained as long as it was obtained legally.  The fairness of use depends on whether or not the user took more than what was needed to accomplish his or her educational goals.
  12. 12. Just a little more…  Student work that transforms the original material can be distributed to wide audiences.  “Educational uses will often be considered fair because they add important pedagogical value to referenced media objects.”
  13. 13. Flawed Beliefs  Many believe there are set guidelines that must be followed in order to stay within the framework of the law.  Many also believe that there are official numbers, percentages and time limits for use of copyrighted materials.  Risk is often overstated; educators fear being sued.
  14. 14. In Actuality  There are no solid guidelines or rules. Fair use is “situational” and “context is critical”  You do not have to ask permission of the creator to employ fair use.  It is very unlikely that an educator will be sued.
  15. 15. “I’m still not sure I see the benefits” Why should I bother using copyrighted material fair use or not?  “Copying, quoting, and generally re-using existing cultural material can be, under some circumstances, a critically important part of generating a new culture.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008)  Giving people a chance to use existing material to produce new material creates new cultural work.  Fair use keeps copyright from violating the First Amendment. It’s important now more than ever.
  16. 16. “I’m still not sure I see the benefits”  Student use of copyrighted material helps them “learn how juxtaposition reshapes meaning.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008)  Student media production using existing media, can “foster and deepen awareness of the constructed nature of all media.” (The Code of Best Practices in Fair Use for Media Literacy Education, 2008)  Use of copyrighted material should not replace creativity
  17. 17. quot;Ok, ok… So what should I be doing?” Here are some things teachers should take into consideration:  Teachers can make their own judgments of whether or not a use is fair and appropriate in context. They can often make these decisions on their own, without approval.  Educators should share their knowledge of fair use so that others can exercise their rights.  Educators should select the media they need for the project, using only what is necessary for the purpose.
  18. 18. More Considerations  Educators should model correct attribution and citation practices.  Educators should work to protect third-party access/download.  Educators should use material that meets professional standards and educational objectives.  Educators must help students understand that material must be properly attributed whenever possible but that the attribution itself does not make an illegal use of a work into a fair one.
  19. 19. More Considerations  Educators should model the permissions process and help students differentiate between:  Material that should be licensed  Material that is within the public domain  Copyrighted material that is subject to fair use.  Educators should help students understand the ethical and social issues surrounding copyright.  Educators should be leaders in establishing best practices in fair use.
  20. 20. What Does this Mean for Teachers at Morning Star?  It is especially important to provide our students with media literacy education starting as early as possible.  Students will need time to learn the values and responsibilities associated with 21st century media.  Our students can gain real world skills in critical thinking, problem solving, collaboration and innovation if they master some of these concepts.
  21. 21. Want some ideas? Try Creative Commons  Non-profit organization meant to allow artists to share their work and allow it to be used by others. The artist gets to set his or her own restrictions that are often less strict than typical copyright laws.  Changes “all rights reserved” to “some rights reserved” or even “no rights reserved”  CC licenses work globally  Does not replace copyright; works with copyright.  Founded 2001 with support of Center for the Public Domain  In 2008 there were an estimated 130 million CC licensed works.  The short video on the next slide will give you a good idea of what CC is all about!
  22. 22. More ideas Try Flickr  Flickr works in conjunction with Creative Commons. Students and teachers can freely use pictures and video found on Flickr as long as they use it in accordance with the artist’s wishes.
  23. 23. Lesson Ideas- Primary- Intermediate  Teach students to search the Flickr site for CC licensed materials.  Allow students to select picture related to a designated topic.  Put the pictures together into a slide presentation.  Share the presentation with another class.
  24. 24. Lesson Ideas– Intermediate- Junior High  Search for pictures and videos.  Create a story using the images to illustrate the story.  Publish the story to the school website.  Try adding music and audio and publish the story to a program like SlideShare so parents and friends can view the story as well.
  25. 25. Lesson Ideas– Intermediate- Junior High  Use Flickr and CC licensed images to create a digital story.  Allow students to record their personal narrative.  Set the story to CC licensed music and use the images to illustrate the story.
  26. 26. Lesson Ideas-- All  Have students create their own media either individually or working in groups.  This can be done using the school camera either on the still or motion video setting.  Allow students to select the form of attribution they wish to use with their own work.  Help students understand the value of sharing their work.
  27. 27. This presentation was made possible by:  Copyright Symbols by MikeBlogs  Fuzzy copyright by PugnoM  Your life has been copyrighted by Damouns  copyright cushion by openDemocracy  Copyright Criminal by courosa The pictures used in this presentation were found on Flickr under Creative Commons licensing.
  28. 28. This presentation was made possible by:  The Code of Best Practices in Fair Use for Media Literacy Education. (2008, November). Retrieved March 21, 2009, from Center for Social Media: http://www.centerforsocialmedia.org/resources/p ublications/code_for_media_literacy_education/  Creative Commons: http://creativecommons.org/  Dr. Kara Dawson, Professor, UF College of Education: Presentation http://www.screencast.com/users/KaraD/folders/J ing/media/7233f311-59f7-46e6-9c8a- 8feb42803f60

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