Educational Fair Use and Copyright EME 5207

Educational Fair Use and Copyright Kelly Dorsey EME 5207 March 28, 2009 3/29/2009 Kelly Dorsey

It’s important to understand a few things before we start: An example of the use of media in education, would be a teacher showing the class a video or reading from a textbook. Since the material is used for the same purpose it was originally intended (to instruct or entertain), it will not have significant copyright implications. When copyright materials are transformed, educators must understand fair use. 3/29/2009 Kelly Dorsey

Fair Use is the right to use copyrighted material without permission or payment-especially when cultural or social benefits of the use are predominant. The problem is that many educators are confused about their rights and fearful. This can deter educators from using certain materials which detracts from quality teaching. 3/29/2009 Kelly Dorsey

4 things are taken into account when assessing fair use: 1. the nature of the use 2. the nature of the work used 3. the extent of its use 4. economic effect 3/29/2009 Kelly Dorsey

There are two questions you should ask yourself when deciding if something is fair use: 1. Did the unlicensed use transform the material by using it for a different purpose that that of the original or did it just repeat the work for the same intent and value as the original? 2. Was the material taken appropriate in kind and amount? If the yes, it is fair use. Most of the time, educators can make their own decisions on fair use. 3/29/2009 Kelly Dorsey

Take all the facts and circumstances into account to decide if an unlicensed use of copyrighted material generates social or cultural benefits that are greater than the costs it imposes on the copyright owner. 3/29/2009 Kelly Dorsey

Two key points to keep in mind: Employing copyrighted material in media literacy lessons and in curriculum lessons is fair use. Just make sure to model referencing and use only what is necessary for the educational goal or purpose. There are guidelines, but they are just guidelines, and the power is given to the educator to determine if something is fair use. 3/29/2009 Kelly Dorsey

The principles of fair use…….. 3/29/2009 Kelly Dorsey

Apply to all forms of media 3/29/2009 Kelly Dorsey

Apply in institutional settings and to non-school-based programs 3/29/2009 Kelly Dorsey

Concern the unlicensed fair use of copyrighted materials for education, not the way those materials were acquired 3/29/2009 Kelly Dorsey

Are all subject to a “rule of proportionality” 3/29/2009 Kelly Dorsey

Principles ONE: EMPLOYING COPYRIGHTED MATERIAL IN MEDIA LITERACY LESSONS TWO: EMPLOYING COPYRIGHTED MATERIAL IN PREPARING CURRICULUM MATERIALS THREE: SHARING MEDIA LITERACY CURRICULUM MATERIALS FOUR: STUDENT USE OF COPYRIGHTED MATERIALS IN THEIR OWN ACADEMIC AND CREATIVE WORK FIVE: DEVELOPING AUDIENCES FOR STUDENT WORK Main things to keep in mind: Educators should use only what is necessary for the educational goal or purpose for which it is being made. In some cases, this will mean using a clip or excerpt; in other cases, the whole work is needed. Whenever possible, educators should provide proper attribution and model citation practices that are appropriate to the form and context 3/29/2009 Kelly Dorsey

COMMON MYTHS ABOUT FAIR USE 3/29/2009 Kelly Dorsey

MYTH: Fair Use is too unclear and complicated for me; It’s better left to lawyers and administrators Educators know best what they need to use to construct their lessons and materials 3/29/2009 Kelly Dorsey

MYTH: Educators can rely on “rules of thumb” for fair use guidance. There are no cut and dry rules. Fair use is situational and context is critical. 3/29/2009 Kelly Dorsey

MYTH: School system rules are the last word for educators. 3/29/2009 Kelly Dorsey

MYTH: Fair Use is just for critiques, commentaries, and parodies. Transformativeness, a key value in fair use law, can involve modifying material or putting material in a new context, or both. 3/29/2009 Kelly Dorsey

MYTH: If I’m not making any money off it, its fair use. (and if I am making money off it, its not.) Some public uses may be unfair, even if no money is exchanged. 3/29/2009 Kelly Dorsey

MYTH: Fair use is only a defense, not a right. 3/29/2009 Kelly Dorsey

MYTH: Employing fair use is too much trouble; I don’t want to fill out any forms You do not have to ask permission or alert the copyright holder-if you ask permission and get refused or ignored, you can still claim fair use. 3/29/2009 Kelly Dorsey

MYTH: Fair use could get me sued. That is VERY unlikely 3/29/2009 Kelly Dorsey

If you want more information on Educational Fair Use, visit http://online.education.ufl.edu/file .php/3164/05DigitalCitizen/Code ofBestPracticesinFairUse.pdf 3/29/2009 Kelly Dorsey

Now, lets learn about a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright. It’s called……. 3/29/2009 Kelly Dorsey

Creative Commons http://creativecommons.org/ 3/29/2009 Kelly Dorsey

3/29/2009 Kelly Dorsey

Creative Commons lets you know an authors’ intent. You don’t have to be unsure anymore of your risks and rights to use something. Standardized copyright licenses free of charge. 3/29/2009 Kelly Dorsey

Click here to watch a movie about Creative Commons http://www.youtube.com /watch?v=io3BrAQl3so 3/29/2009 Kelly Dorsey

Click the link for an example on how you can use Flickr and Creative Commons as an easy way to find resources to use in your teaching. http://www.screencast.com/users/KaraD/ folders/Jing/media/7233f311-59f7-46e6- 9c8a-8feb42803f60 3/29/2009 Kelly Dorsey

References Code of best Practices in Fair Use For Media Literacy Education. Retrieved March 20, 2009 from http://online.education.ufl.edu/file.php/3164/05DigitalCitizen/CodeofBestPracticesinFairUse.p df Creative Commons. Retrieved March 20, 2009 from www.creativecommons.org Flickr. Retrieved March 20, 2009 from http://www.flickr.com/ Jing. Retrieved March 20, 2009 from http://www.screencast.com/users/KaraD/folders/Jing/media/7233f311-59f7-46e6-9c8a- 8feb42803f60 3/29/2009 Kelly Dorsey

Educational Fair Use and Copyright EME 5207

by Kelly Dorsey on Mar 29, 2009

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