Copyright Clarity PETE&C 2011

Copyright Clarity& Fair Use for Digital Learning Kristin Hokanson

CONTEXT & HERITAGE Visual Literacy Information Literacy Media Literacy Technology Literacy Internet Safety Digital Citizenship News Literacy

Digital and Media Literacy REFLECT ACCESSANALYZE CREATE ACT

Image: fuzzy copyrightwww.flickr.com/photos/58764797@N00/1384247192

To promote creativity,innovation and the spread ofknowledge Article 1 Section 8 U.S. Constitution, 1787

The ResultCopyright Confusion

Copyright Law Balances Rights of Owners and UsersOWNERS USERS

What do kids understand about...• Copyright• Exemption (Fair Use)• Public Domain• Creative Commons

How do teachers cope?See no Evil Close the Door Hyper-Comply

It’s time toreplace oldknowledgewithaccurateknowledge

The Doctrine of Fair Use --Section 107 Copyright Act of 1976

The Doctrine of Fair Use Criticism, comment, news reporting, teaching, scholarship, research … but also many forms of creative work that advance and spread innovation --Section 107 Copyright Act of 1976

The Doctrine of Fair Use Fair use of copyrighted materials is Fair use prevents allowed when the benefits to society copyright law from becoming outweigh the private costs a form of to the copyright holder private censorship --Section 107 Copyright Act of 1976

The effective use of copyrightedmaterials enhances the teaching and learning process.

Context & Situation

Is this Use of Copyrighted Materials a Fair Use?•Did the unlicensed use “transform” the material taken from thecopyrighted work by using it for a different purpose than that of theoriginal, or did it just repeat the work for the same intent and value as theoriginal? •Was the material taken appropriate in kind and amount, considering thenature of the copyrighted work and of the use?

Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)

An Example of Transformative Use The purpose of the original: to generate publicity for a concert

Range of comfort with use of Copyrighted materials See no Evil Close the Door Hyper-Comply

Educational Fair Use Guidelines

The effective use of copyrightedmaterials enhances the teaching and learning process.

Does following “rules” for Educational Guidelines require students to think critically about theCopyrighted materials they are using?

Excerpts from: http://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity.html http://www.youtube.com/watch?v=TPAO-lZ4_hU An anthropological introduction to YouTube

Creative Commons

We need to rethink a few things...“We’re changing what it would mean to be acreator just at the time that technology isenabling anybody to be a creator. So, just whenit matters most, the law steps in and destroysthe opportunity...” — Prof. Lawrence Lessig

Does requiring students to use ONLY Creative Commons content require students to think critically about theCopyrighted materials they are using?

Codes of Best Practices

http://mediaeducationlab.com/video-overview

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.

Fair Use Reasoning tells me...• Claim Fair Use• Ask permission• Buy a License• Use another Copyright Friendly source

Discuss

Practice exercising your Fair Use Muscles...•Did the unlicensed use “transform” the material taken from thecopyrighted work by using it for a different purpose than that of theoriginal, or did it just repeat the work for the same intent and value as theoriginal? •Was the material taken appropriate in kind and amount, considering thenature of the copyrighted work and of the use?

Fair Use Reasoning tells me...• Claim Fair Use• Ask permission• Buy a License• Use another Copyright Friendly source

Teach kids to reason http://copyrightconfusion.wikispaces.com

Other Resources http://mediaeducationlab.com

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

Other Examples?

Evaluation Code

http://www.mcvsd.org	1213
http://ning.peteandc.org	22
http://elemresources.wiki.elanco.net	2
https://www.mcvsd.org	1

Copyright Clarity PETE&C 2011

by Kristin Hokanson on Feb 15, 2011

Accessibility

Categories

Upload Details

Usage Rights

4 Embeds 1,238

Statistics

Copyright Clarity PETE&C 2011 Presentation Transcript