Week Six Summer HUM 140 Copyright Fair Use and You
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Week Six Summer HUM 140 Copyright Fair Use and You

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  • 1. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
  • 2. The freedom to use and study the work, The freedom to copy and share the work with others, The freedom to modify the work, The freedom to distribute modified and therefore derivative works.
  • 3. WHAT IS A COPYRIGHT VIOLATION?
  • 4. * Copyright Confusion
  • 5. See no Evil Close the Door Hyper-Comply *
  • 6. OWNERS USERS Copyright Law Balances Rights of Owners and Users
  • 7. with accurate knowledge http://www.youtube.com/watch?v=io3BrAQl3so
  • 8. * Can
  • 9. * NOTHING CAN BE CREATED WITHOUT INFLUENCE *Copying is not theft – under certain circumstances http://www.youtube.com/watch?v=jcvd5JZkUXY&feature=related
  • 10. --Section 107 Copyright Act of 1976 * http://www.youtube.com/watch?v=jcvd5JZkUXY&feature=related
  • 11. --Section 107 Copyright Act of 1976 * Criticism, comment, news reporting, teaching, scholar ship, research … but also many forms of creative work that advance and spread innovation
  • 12. --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
  • 13. When I use the creative work of others in my own work, which concepts apply to my situation? Attribution: Citing your sources Plagiarism: Not acknowledging source material used in your work Infringement: Copying another’s work in violation of law Fair Use: Legal use of copyrighted works without permission or payment Licensing: Asking permission and paying a fee
  • 14. --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
  • 15. Transformative Use is Fair Use “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.” --Joyce Valenza, School Library Journal
  • 16. *Users’ Rights, Section 107 http://www.youtube.com/watch?v=8tWhKeb-fUQ
  • 17. * Is Your Use of Copyrighted Materials a Fair Use? 1. 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? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
  • 18. MYTH: FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS. *Fair Use Is Empowering 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.
  • 19. Educators can: 1. make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use 2. create curriculum materials and scholarship with copyrighted materials embedded 3. share, sell and distribute curriculum materials with copyrighted materials embedded Learners can: 4. use copyrighted works in creating new material 5. distribute their works digitally if they meet the transformativeness standard *Five Principles Code of Best Practices in Fair Use
  • 20. High School Case Study: Upper Merion Area High School King of Prussia, PA College Case Study: Project Look Sharp at Ithaca College Ithaca, NY http://www.youtube.com/watch?v=8Z2-DtC8Q0k
  • 21. What’s Copyright? Users’ Rights, Section 107 http://www.youtube.com/watch?v=QPBdwGF14p4
  • 22. http://www.youtube.com/watch?v=GLELFEKpPLs Pay Special Attention: Quiz Questions to Follow
  • 23. 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?
  • 24. http://www.npr.org/2011/01/28/133306353/Digital-Music-Sampling-Creativity-Or-Criminality
  • 25. * * http://www.whosampled.com/sample/view/22023/Beastie%20Boys-Hey%20Ladies_Kool%20&%20the%20Gang- Jungle%20Boogie/
  • 26. *
  • 27. The metaphor of "standing on the shoulder of giants" is often used to promote and validate the Free Software Movement
  • 28. *Richard Matthew Stallman (born March 16, 1953), often shortened to rms,[1] is an American software freedom activist and computer programmer. In September 1983, he launched the GNU Project[2] to create a free Unix-like operating system, and has been the project's lead architect and organizer. With the launch of the GNU Project, he initiated the free software movement; in October 1985 he founded the Free Software Foundation. *Stallman pioneered the concept of copyleft and he is the main author of several copyleft licenses including the GNU General Public License, the most widely used free software license.[3] Since the mid- 1990s, Stallman has spent most of his time advocating for free software, as well as campaigning against both software patents and what he sees as excessive extension of copyright laws. Stallman has also developed a number of pieces of widely used software, including the original Emacs,[4] the GNU Compiler Collection,[5] the GNU Debugger,[6] and many tools in the GNU Coreutils[citation needed]. He co- founded the League for Programming Freedom in 1989.
  • 29. * BUT…………
  • 30. http://www.everythingisaremix.info/
  • 31. * http://vimeo.com/11749071 This work is licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.
  • 32. * http://remixer.clubcreate.com/v2/themusicstudio/ launch.html
  • 33. http://creativecommons.org/ Make this site your friend! Visit!