Necc Fair Use Discussions To Send

Reducing Copyright Confusion:
This work is supported by a grant from the Joh n D. and Catherine T. MacArthur Foundation.

Conversation goals
Provide overview of Copyright Confusion Project.
Identify common misunderstandings about copyright and fair use.
Discuss various hypothetical situations.
Gain confidence in your understanding of copyright and fair use.

A Key Point
“ copyright law permits a wide range of uses of copyrighted material without permission or payment. Educational exemptions sit within a far broader landscape of fair use. However, educators today have no shared understanding of what constitutes acceptable fair use practices”
p. 1
Background

The Purpose of Copyright
Article I, section 8, clause 8 of the United States Constitution: Congress shall have the power "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.”

The Purpose of Copyright
Article I, section 8, clause 8 of the United States Constitution: Congress shall have the power "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.“
*18 th century understanding of Science = Knowledge and Learning

The Rights of Users are Protected by Fair Use
Fair use balances the rights of users with the rights of owners by encouraging the widespread and flexible use of cultural products
It requires users to consider the specific situation at hand in assessing fair 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
The purpose of the new work: to document and illustrate the concert events in historical context

True or False?
There are specific rules about the use of copyrighted materials in the classroom
There are specific rules that educators must follow to claim fair use.
How well do you understand Fair Use?

True or False?
The educational use guidelines and books that have been published about copyright in education define the full extent of fair use in education.

True or False?
I can only use a small amount of a copyrighted work under the fair use doctrine.

True or False?
I can only use a small amount of a copyrighted work under the fair use doctrine.
Fair use only applies to works that are critiques, commentaries or parodies.

True or False?
Fair use only applies when the use is non-commercial.

True or False?
Fair use is only a defense, not a right.

True or False?
It’s easier to pay a license fee rather than to claim fair use.

True or False?
It’s easier to pay a license fee rather than to claim fair use.
Fair use won’t help you until after you’ve been sued.

Transformativeness
Does use add value to the copyrighted material?
Is the work being employed for a purpose different from that for which it was originally intended?
This can involve modifying the material OR putting material into a new context
if YES = Use is transformative

Do Common Misunderstandings about Copyright and Fair Use Limit the Quality of Technology Integration?

Sample Instructional Use
Ben Stevens uses a PBS show, The Merchants of Cool , in his youth media after-school program, and anticipates doing so in the future. He taped the show off air when it ran three years ago on his local PBS affiliate. His supervisor told him that he must destroy his own copy and use the copy the organization has purchased from the PBS Learner catalog. What’s fair?
Ben also teaches media literacy and multimedia production in a youth media program sponsored by a local non-profit technology center. He likes to introduce students to basic concepts in media economics by reading and discussing short articles downloaded from the on-line edition of the Wall Street Journal , to which he subscribes. He found an article on how Warner Brothers and CBS formed the television network, CW. Students enjoyed reading the article so much that Ben likes to make photocopies and use it with every group of students he teaches, even though it’s been nearly two years since the article first ran in the newspaper. Is photocopying the newspaper article fair and reasonable?

Student Use of Copyrighted Material
In Mrs. Johnson’s Grade 4 class, students create PowerPoint slides using copyrighted images they gathered through Google to illustrate their reports on countries of the world. Mrs. Johnson likes to upload their completed slides to the school’s public website so that parents can see their children’s creative work. Another teacher tells her that students must get permission to use images in their own work. What action is fair and reasonable?
Her principal informs Mrs. Johnson that she must take down the Grade 4 Geography slides, even though her colleague, a Grade 8 teacher, has been allowed to post the work of students who created an iMovie video about stereotypes of teenagers in the media. This work weaves together students’ spoken-word poetry with various clips from TV shows and movies and images of teen celebrities found online. Does this distinction make sense or not?

Student Use of Copyrighted Material
In Stan Joseph’s social studies class, a student wants to create a video tribute to John Lennon that focuses on his role in the anti-war movement of the 1960s. She wants to use images from the Internet and samples of Lennon’s music in her project. Is this fair? Now assume that the student has contacted the record company to request permission and received no answer. Should she be able to use the music anyway?
Next semester, this same student wants to create a music video of “Imagine” that uses images of recent news coverage of the war in Iraq intercut with video footage of Vietnam. Is this a fair use? What are the considerations would influence your decision? Another student has created a music video of “Strawberry Fields Forever” that features teens lip-synching and playing air guitar along with footage of a teen couple walking hand-in-hand in a graveyard. Is this a fair use? Why or why not?

Distribution Issues
Is it appropriate to broadcast any of these videos via the closed circuit TV system in the district? On local public access cable TV? Should students be advised to place their work on You Tube? Should the students be able to submit their programs to a local film festival? Why or why not?

For More Information:
Renee Hobbs
Media Education Lab, Temple University
215-204-4291
[email_address]
Peter Jaszi
Washington College of Law, American University
[email_address]
Katie Donnelly
Media Education Lab, Temple University
[email_address]

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Necc Fair Use Discussions To Send

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