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Copyright Clarity ISTE SIGMS Webinar

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While copyright & fair use can be confusing to navigate you CAN use copyrighted material in your creative work! This introduction to the Code of Best Practices in Fair Use for Media Literacy Education …

While copyright & fair use can be confusing to navigate you CAN use copyrighted material in your creative work! This introduction to the Code of Best Practices in Fair Use for Media Literacy Education will explain fair use, reduce copyright confusion and share helpful ideas regarding how to teach your students and staff about copyright & fair use.
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  • Review history of each one. Note that all are approaches responding to the new texts, the new tools and the new technologies that are part of everyday life. visual lit: 1960s, started in Rochester NY with Kodak and the use of photography in education info lit: 1970s, started by librarians just as databases replaced card catalogs and keyword searching was invented media lit: 1980s, took off after VHS and cable TV came into homes in 1980s  ---when I started teaching in 1991 Films &amp; filmstrips were still widely use technology lit : In 1990s, computers started to appear in schools...Apple II, IIe... time when we started to have to explain to kids about the difference between hardware and software late 1990s growth of more connected sites (aol, msn) internet safety : early 2000s when children began using IM/chat ubiquittously digital citizenship : when teaching about privacy, copyright and cyberbullying became important in Web 2.0 environment news lit: and as newspapers begin to fail &amp; citizen journalism becomes more prevalent it is becoming apparent that consumers don’t always appreciate the special kind of products offered by journalists
  • What IS the purpose of copyright 2 min turn &amp; talk
  • willfully ignorant of the law
  • small groups discuss...what terms arose in the conversation
  • Government can establish a copyright system to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
  • Government can establish a copyright system to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
  • It’st time for educators to get smarter about their rights under the law About c &amp; fair use and how it relates to our work
  • It’st time for educators to get smarter about their rights under the law About c &amp; fair use and how it relates to our work
  • One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law ( title 17, U. S. Code ). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. FL-102, Revised May 2009
  • Introduce users rights video as a way to teach kids to start to think about the 4 factors of fair use.
  • willfully ignorant of the law
  • Kristin, Wasn&apos;t sure where to put these slides so I just front-loaded them for you to organize where you think they make sense. What do you think of this placement...teachers all have different range of comfort with use of copyright material...what is important is reasoning process.   Yes! Great idea!
  • I added a screencast (.mov) of this performance to the DropBox. Not sure which will play better for Elluminate. Instead of recording the ENTIRE music video, I just made a ~1 minute excerpt so the audience can get the general idea.
  • I pulled 4 slides total for the student example. We may only need 2, though.
  • Kenneth Crews  Columbia University founding director of the Copyright Advisory Office (CAO) to provide guidance with respect to the relationship between copyright law and the research, teaching   He has been a faculty member in  law, business, and library and information scienc and has published several books about copyright, constitutional law, political history, and library science. Dr. Crews was recently honored as the American Library Association&apos;s 2005 recipient of the  L. Ray Patterson Award: In Support of Users&apos; Rights .
  • The effective use of copyrighted materials enhances the teaching and learning process.
  • Nor will we deal mainly with the world of Creative Commons licensing, which is much more complicated than some would believe. Notice how many licenses there are? Some mistakenly view CC as a &amp;quot;safe harbor&amp;quot; for students. But this avoids exercising the necessary critical thinking when selecting copyrighted materials.
  • all it does is give kids right to copy &amp; paste
  • Talk about the process and discuss involvement. MY EXPERIENCE in understanding the difference between Best Practices and what traditionally is recognized as Fair Use
  • SMALL GROUP discuss after video.
  • p 10 - 14 code
  • Get article links?
  • SCENARIOS....
  • Break into groups by level...how did the teachers in the video exercise their rights to fair use....
  • FIVE CHALLENGES TO CONSIDER: 1. We can’t confuse having technology with the skillful use of it. One thing is certain: simply buying computers for schools does not necessarily lead to digital and media literacy education. Schools have a long way to go on this front. As Holly mentioned
  • 3. Digital and media literacy requires sophisticated print literacy competencies. Some consider the value of digital media simply for its ability to get kids engaged in learning, to help them pay attention in school. This is not (and should not be) the sole rationale for implementing digital and media literacy into the curriculum. When used well, news media, mass media and digital media texts can support the acquisition of literacy competencies including comprehension, inference-making, analysis, and prediction . Concepts like audience, purpose, and point of view must be applied to messages from digital media and popular culture as well as printed texts. Reading online is now a fundamental dimension of digital and media literacy that requires many interrelated practices, including using a search engine, reading search engine results, and quickly reading a web page to locate the best link to the information that is required. Many young people lack these skills (Coiro, 2007). When using a search engine, many use inefficient practices like clicking down the list of links in a “click and look” strategy without looking for clues to determine the relevance of the websites to their purpose and goal. Digital and media literacy education requires and supports the practices of reading comprehension and writing. Large-scale empirical research evidence has shown that student participation in media literacy education programs in high school can strengthen reading comprehension, writing and print media analysis skills (Hobbs, 2007). That’s because digital and media literacy educational practices cultivate an active approach to the process of meaning making in ways that help knowledge and skills to transfer from school to home and back. To promote reading and writing skills, adolescent literacy experts have long urged teachers to make literacy experiences more relevant to students’ interests, everyday life, and important current events, recommending, “Look for opportunities to bridge the activities outside and inside the classroom. Tune into the lives of students to find out what they think is relevant and why, and then use this information to design instruction and learning opportunities that will be more relevant” (U.S. Department of Education, 2008, p. 28). But although people do develop many skills informally through their use of digital media with peers in online communities and social groups, without routine practice in making connections between print literacy and digital and media literacy competencies, those skills are unlikely to transfer to new contexts (Solomon &amp; Perkins, 1989). Digital and media literacy education can provide a bridge to transfer print literacy skills from informal to formal, familiar to new, and narrow to broad contexts.
  • 4. The immediacy and immersive social characteristics of digital media may actually discourage reflective, analytic thinking about sources, content and credibility. It is just so simple--- point, click and wow, you’re on to something new. Educators must discourage the quick “go and grab it” mentality that’s now becoming normative when there’s a world of resources at your fingertips. These simple but powerful questions enable people to assess and evaluate messages. Building people’s capacity to engage with information means building critical thinking skills about mass media, popular cultlure and digital media.
  • In the report, 7 instructional practices are outlined  that address these challenges. There is no “one-size-fits-all” strategy to bring digital and media literacy to 300 million Americans. That’s why the report offers 10 action steps to accomplish this goal.
  • Transcript

    • 1. Copyright Clarity
      • & Fair Use for Digital Learning
      Kristin Hokanson & Spiro Bolos
    • 2. CONTEXT & HERITAGE
      • Visual Literacy
      • Information Literacy
      • Media Literacy
      • Technology Literacy
      • Internet Safety
      • Digital Citizenship
      • News Literacy
    • 3. ACCESS ANALYZE CREATE ACT REFLECT Digital and Media Literacy
    • 4. Image: 'fuzzy copyright' www.flickr.com/photos/58764797@N00/1384247192
    • 5. How do teachers cope? See no Evil Close the Door Hyper-Comply
    • 6.  
    • 7. “ To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors & Inventors the exclusive Right to their respective Writing and Discoveries”
    • 8. Article 1 Section 8 U.S. Constitution, 1787 “ To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors & Inventors the exclusive Right to their respective Writing and Discoveries”
    • 9. The Result Copyright Confusion
    • 10. OWNERS USERS Copyright Law Balances Rights of Owners and Users
    • 11. It’s time to replace old knowledge
    • 12. It’s time to replace old knowledge with accurate knowledge
    • 13. The Doctrine of Fair Use
    • 14. The Doctrine of Fair Use
    • 15. The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Criticism, comment, news reporting, teaching, scholarship, research … but also many forms of creative work that advance and spread innovation
    • 16. The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Fair use of copyrighted materials is allowed when the benefits to society outweigh the private costs to the copyright holder
    • 17. The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Fair use of copyrighted materials is allowed when the benefits to society outweigh the private costs to the copyright holder Fair use prevents copyright law from becoming a form of private censorship
    • 18. The effective use of copyrighted materials enhances the teaching and learning process.
    • 19.  
    • 20. USERS RIGHTS http://copyrightconfusion.wikispaces.com/Videos
    • 21. Is this Use of Copyrighted Materials a Fair Use?
      • Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? 
      • Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
    • 22. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
    • 23. An Example of Transformative Use
        • The purpose of the original: to generate publicity for a concert
    • 24. An Example of Transformative Use
        • The purpose of the original: to generate publicity for a concert
      The purpose of the new work: to document and illustrate the concert events in historical context
    • 25. Range of comfort with use of Copyrighted materials See no Evil Close the Door Hyper-Comply
    • 26.  
    • 27.  
    • 28.  
    • 29.  
    • 30.  
    • 31. Educational Fair Use Guidelines
    • 32. Guidelines are confusing AND they are NOT the Law! The documents created by these negotiated agreements give them “the appearance of positive law. These qualities are merely illusory, and consequently the guidelines have had a seriously detrimental effect. They interfere with an actual understanding of the law and erode confidence in the law as created by Congress and the courts”                                                                                        --Kenneth Crews, 2001
    • 33. Following Educational Guidelines interferes with students ability to think critically about the Copyrighted materials they are using?
    • 34.  
    • 35. Requiring students to use ONLY Creative Commons content does not require students to think critically about the Copyrighted materials they are using?
    • 36. Codes of Best Practices
    • 37.  
    • 38. http://mediaeducationlab.com/video-overview
    • 39.
      • Educators can:
        • make copies of newspaper articles, TV shows, and other                                copyrighted works and use them and keep them for educational use
        • create curriculum materials and scholarship with copyrighted materials embedded
        • share, sell and distribute curriculum materials with
        • copyrighted materials embedded
      • Learners can:
        • use copyrighted works in creating new material
        • distribute their works digitally if they meet the                                transformativeness standard
    • 40. Context & Situation A team of elementary educators shows the Disney movie The Little Mermaid to three classes of Grade 3 students on the day before winter break in the school auditorium.
    • 41. What things might NOT be fair?
      • Library Movie night….
      • Netflix accts for school
      • Other?
    • 42.  
    • 43. Fair Use Reasoning tells me...
      • Claim Fair Use
      • Ask permission
      • Buy a License
      • Use another Copyright Friendly source
    • 44. Practice exercising your Fair Use Muscles...
      • Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? 
      • Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
    • 45. Fair Use Reasoning tells me...
      • Claim Fair Use
      • Ask permission
      • Buy a License
      • Use another Copyright Friendly source
    • 46. Teach kids to reason http://copyrightconfusion.wikispaces.com
    • 47. Other Resources http://mediaeducationlab.com
    • 48. Video Case Studies Elementary School Case Study: P.S. 124 The Silas B. Dutcher School Brooklyn, NY High School Case Study: Upper Merion Area High School King of Prussia, PA College Case Study: Project Look Sharp at Ithaca College Ithaca, NY
    • 49.  
    • 50.  
    • 51.  
    • 52.  
    • 53.  
    • 54.