Copyright Clarity: Using Copyrighted Materials for Digital Learning

Copyright Clarity: Using Copyrighted Materials for Digital Learning
Renee HobbsTemple UniversityMedia Education LabSchool of Communications & TheaterPhiladelphia PA
http://mediaeducationlab.com/copyright

PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Why creative people value copyright law
When you (and your students) can use copyrighted materials without payment or permission under some circumstances
When you (and your students) should ask permission or pay a license fee to use copyrighted materials
How codes of best practice help people become more confident in understanding and using the doctrine of fair use
How the law adapts to changes in society and changes in technology

Media Literacy
Critical thinking about media & technology
+
Composing using media & technology
For what purpose?
To build critical thinking and communication skills
Critical Thinking, Reflection & Ethics
Using Technology Tools Well
Self-Expression & Creativity
Teamwork & Collaboration

Supported with a grant from the John D. and Catherine T. MacArthur Foundation

What is the purpose of

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

Technology makes it easy to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute

Owners forcefully assert their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics

How Teachers Cope
See no Evil
Close the Door
Hyper-Comply

Problem:
Educational Use Guidelines are Confusing!
NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS
Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions
Fair Use Guidelines for Educational Multimedia
Guidelines for the Educational Use of Music

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
Educational Use Guidelinesare NOT the Law!

It’s time to replace old knowledge
with
accurate knowledge

EVERYTHING
IS COPYRIGHTED
Any work of expression in fixed or tangible form

Creative Control
The Copyright Act grants five rights to a copyright owner:
1. the right to reproduce the copyrighted work;
2. the right to prepare derivative works based upon the work;
3. the right to distribute copies of the work to the public;
4. the right to perform the copyrighted work publicly; and
5. the right to display the copyrighted work publicly.

Owners May Control Copyright through the Licensing Process

LOVE
HATE
Copyright law enables people to control the creative works
they produce

LOVE
HATE
Violating Copyright Can Be Expensive
The Copyright holder may receive statutory damages for all infringements involved in the action… not less than $750 or more than $30,000 as the court considers just. [...]
When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."

EVERYTHING
IS COPYRIGHTED
..but there are exemptions

--Section 107
Copyright Act of 1976
The Doctrine of Fair Use
For purposes such as
criticism, comment,
news reporting, teaching (including multiple copies for classroom use),
scholarship or research

The Doctrine of Fair Use
“It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses— quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledge—would be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.”
--Carrie Russell, American Library Association

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.

Is Your 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?

Exercising Your Fair Use ReasoningInvolves Critical Thinking

Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills

Five Principles Code of Best Practices in Fair Use
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

Organizations Supporting the Code of Best Practices
Association of College and Research Libraries (ACRL)
National Association for Media Literacy Education (NAMLE)
Action Coalition for Media Education (ACME)
National Council of Teachers Of English (NCTE)
Visual Studies Division
International Communication Association (ICA)

Educators Can Rely on Fair Use
National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use

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

The Code of Best Practices Helps
To educate educators themselves about how fair use applies to their work
To persuade gatekeepers, including school
leaders, librarians, and publishers, to accept well-founded assertions of fair use
To promote revisions to school policies regarding the use of copyrighted materials that are used in education
To discourage copyright owners from threatening or bringing lawsuits
In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.

PAY A LICENSE FEE Ask Permission
CLAIM FAIR USE
Just Use it
SELECT PUBLIC DOMAIN, ROYALTY-FREE or
CREATIVE COMMONS LICENSED CONTENT
DON’T USE IT
USING COPYRIGHTED MATERIAL
CHOICES FOR THE CREATIVE INDIVIDUAL

Communities of Practice Assert Their Fair Use Rights

Digital Millennium Copyright Act of 1998
RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works.
ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use

The Results of our Advocacy
Users may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non-profit use.

SHARE THE GOOD NEWS!

http://mediaeducationlab.com

Wikispaces Online Community

Music Videos
Copyright? What’s Copyright?
Users’ Rights, Section 107

Three Visions
Open Source Business Models Make Copyright Obsolete
Creative Communities Develop Codes of Best Practices for Fair Use
Flexible Licensing Schemes:
Some Rights Reserved

Copyright Law Adapts to Changes in Technology and Society

PEER-TO-PEER FILE SHARING
Goals for Today’s Session
Why creative people value copyright law
When you (and your students) can use copyrighted materials without payment or permission under some circumstances
When you (and your students) should ask permission or pay a license fee to use copyrighted materials
How codes of best practice help people become more confident in understanding and using the doctrine of fair use
How the law adapts to changes in society and changes in technology

You Can Share Copyright Clarity
Contact:
Renee Hobbs
Temple University
Media Education Lab
Philadelphia PA
Email: renee.hobbs@temple.edu
Phone: (215) 204-3255
Twitter: reneehobbs
Web: http://mediaeducationlab.com

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Copyright Clarity: Using Copyrighted Materials for Digital Learning

by Renee Hobbs

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