Copyright Fair Use Part 1


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Copyright Fair Use Part 1

  1. 1.
  2. 2. To promote creativity, innovation and the spread of knowledge<br />Article 1 Section 8<br />U.S. Constitution<br />
  3. 3. The freedom to use and study the work, The freedom to copy and share the work with others, The freedom to modify the work,<br /> The freedom to distribute modified and therefore derivative works.<br />
  4. 4. What is a Copyright Violation?<br />
  5. 5. The Result<br />Copyright Confusion<br />
  6. 6. How We Cope<br />See no Evil<br />Close the Door<br />Hyper-Comply<br />
  7. 7. Copyright Law Balances Rights of Owners and Users<br />OWNERS<br />USERS<br />
  8. 8. It’s time to replace old knowledge<br />with<br />accurate knowledge<br /><br />
  9. 9. YouCanUse Copyrighted Materials! <br />
  10. 10. Copying is not theft – under certain circumstances<br /><br />All Work is DerivativeNothing can be created without influence<br />
  11. 11. The Doctrine of Fair Use<br /> --Section 107<br /> Copyright Act of 1976<br /><br />
  12. 12. The Doctrine of Fair Use<br />Criticism, comment, news reporting, teaching, scholarship, research <br />… but also many forms of creative work that advance and spread innovation<br /> --Section 107<br /> Copyright Act of 1976<br />
  13. 13. The Doctrine of Fair Use<br />Fair use of copyrighted materials is allowed when the benefits to society <br />outweigh the private costs <br />to the copyright holder<br />Fair use prevents <br />copyright law from becoming <br />a form of <br />private censorship<br /> --Section 107<br /> Copyright Act of 1976<br />
  14. 14. When I use the creative work of others in my own work, which concepts apply to my situation?<br />Attribution: Citing your sources<br />Plagiarism: Not acknowledging source material used in your work<br />Infringement: Copying another’s work in violation of law<br />Fair Use: Legal use of copyrighted works without permission or payment<br />Licensing: Asking permission and paying a fee<br />
  15. 15. The Doctrine of Fair Use<br />Fair use of copyrighted materials is allowed when the benefits to society <br />outweigh the private costs <br />to the copyright holder<br />Fair use prevents <br />copyright law from becoming <br />a form of <br />private censorship<br /> --Section 107<br /> Copyright Act of 1976<br />
  16. 16. Transformative Use is Fair Use<br />“When a user of copyrighted materials adds value to, or repurposes materials for a use different from that for which it was originally intended, it will likely be considered transformative use; it will also likely be considered fair use. Fair use embraces the modifying of existing media content, placing it in new context.”<br />--Joyce Valenza, School Library Journal<br />
  17. 17. Users’ Rights, Section 107 <br /><br />
  18. 18. Is Your Use of Copyrighted Materials a Fair Use?<br />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?<br />Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?<br />
  19. 19. Fair Use Is Empowering <br /> MYTH: <br /> FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS.<br />TRUTH:The fair use provision of the Copyright Act is written broadly because it is designed to apply to a wide range of creative works and the people who use them. Fair use is a part of the law that belongs to everyone. <br />
  20. 20. Five Principles Code of Best Practices in Fair Use <br />Educators can:<br />make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use<br />create curriculum materials and scholarship with copyrighted materials embedded<br />share, sell and distribute curriculum materials with copyrighted materials embedded <br />Learners can:<br />use copyrighted works in creating new material<br />distribute their works digitally if they meet the transformativeness standard<br />
  21. 21. Organizations Supporting the Code of Best Practices<br />Association of College and Research Libraries (ACRL)<br />National Association for Media Literacy Education (NAMLE)<br />Action Coalition for Media Education (ACME)<br />National Council of Teachers Of English (NCTE)<br />Visual Studies Division<br />International Communication Association (ICA)<br />
  22. 22. Digital Millennium Copyright Act<br />1201<br />ANTI-CIRCUMVENTION <br />RULEMAKING PROCESS<br />When encryption <br />interferes with fair use <br />DMCA 1201<br />A petition requesting an exemption for media literacy educators and their students<br />
  23. 23. Video Case Studies <br /><br />High School Case Study:<br />Upper Merion Area High School <br />King of Prussia, PA<br />College Case Study: <br />Project Look Sharp at Ithaca College<br />Ithaca, NY<br />
  24. 24. Schoolhouse Rock Style Music Videos<br /><br />What’s Copyright?<br />Users’ Rights, Section 107<br />
  25. 25. Pay Special Attention: Quiz Questions to Follow<br /><br />
  26. 26. Discussion Questions:1. Why do you think Newsweek told Project Look Sharp to get permission from the photographers and the subjects of the photos?2. Do you think it makes a difference whether or not Project Look Sharp makes money from selling their curriculum materials? Why or why not?3. In this video, the copyrighted images were used for purposes of critique and analysis. Would it make a difference to you if the images were used for purposes of illustration? Why or why not?4. Which of the five principles are relevant in this case? What evidence supports your answer?<br />