Copyright Clarity: Using Copyrighted Materials for Digital Learning
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Renee Hobbs explains copyright and fair use

Renee Hobbs explains copyright and fair use

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  • Institute for Policy Innovation global music piracy causes $12.5 billion of economic losses every year, 71,060 U.S. jobs lost, a loss of $2.7 billion in workers' earnings, and a loss of$422 million in tax revenues, $291 million in personal income tax and $131 million in lost corporate income and production taxes. FORTUNATELY: ten million licensed tracks available on more than 400 different services worldwide.  That’s great news for music fans and the industry alike.
  • Worst case scenario: $3,3 million – 22 episodes at $150K eachIf you plead ignorance: possibly only $4,400 ($750 * 22 episodes)PLUS YOUR LEGAL FEES + THEIR LEGAL FEES
  • Worst case scenario: $3,3 million – 22 episodes at $150K eachIf you plead ignorance: possibly only $4,400 ($750 * 22 episodes)PLUS YOUR LEGAL FEES + THEIR LEGAL FEES

Copyright Clarity: Using Copyrighted Materials for Digital Learning Presentation Transcript

  • 1. Copyright Clarity: Using Copyrighted Materials for Digital Learning
    Renee HobbsTemple UniversityMedia Education LabSchool of Communications & TheaterPhiladelphia PA
    http://mediaeducationlab.com/copyright
  • 2. 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
  • 3. 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
  • 4. Supported with a grant from the John D. and Catherine T. MacArthur Foundation
  • 5. What is the purpose of
  • 6. To promote creativity, innovation and the spread of knowledge
    Article 1 Section 8
    U.S. Constitution
  • 7. Technology makes it easy to:
    • Use and share
    • 8. Copy
    • 9. Modify & Repurpose
    • 10. Excerpt & Quote From
    • 11. Distribute
  • Owners forcefully assert their rights to:
    • Restrict
    • 12. Limit
    • 13. Charge high fees
    • 14. Discourage use
    • 15. Use scare tactics
  • How Teachers Cope
    See no Evil
    Close the Door
    Hyper-Comply
  • 16. 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
  • 17. 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!
  • 18. It’s time to replace old knowledge
    with
    accurate knowledge
  • 19. EVERYTHING
    IS COPYRIGHTED
    Any work of expression in fixed or tangible form
  • 20. 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.
  • 21. Owners May Control Copyright through the Licensing Process
  • 22. LOVE
    HATE
    Copyright law enables people to control the creative works
    they produce
  • 23. 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."
  • 24. EVERYTHING
    IS COPYRIGHTED
    ..but there are exemptions
  • 25. --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
  • 26. 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
  • 27.
  • 28. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
  • 29. 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.
  • 30. 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?
  • 31. Exercising Your Fair Use ReasoningInvolves Critical Thinking
  • 32.
  • 33. Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills
  • 34.
  • 35. 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
  • 36. 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)
  • 37. 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
  • 38. 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
  • 39.
  • 40. The Code of Best Practices Helps
    • To educate educators themselves about how fair use applies to their work
    • 41. 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
    • 42. To discourage copyright owners from threatening or bringing lawsuits
    • 43. 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
  • 44. Communities of Practice Assert Their Fair Use Rights
  • 45. 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
  • 46.
  • 47. 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.
  • 48. SHARE THE GOOD NEWS!
  • 49. http://mediaeducationlab.com
  • 50. Wikispaces Online Community
  • 51. Music Videos
    Copyright? What’s Copyright?
    Users’ Rights, Section 107
  • 52. 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
  • 53. Copyright Law Adapts to Changes in Technology and Society
  • 54. 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
  • 55. 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