Copyright Clarity: How Fair Use Supports Digital Learning

Finally the end to copyright confusionhas arrived!

Critical Thinking, Reflection & Ethics
Using Technology Tools Well
Self-Expression & Creativity
Teamwork & Collaboration

What’s your level of confidence in understanding copyright and fair use:
A. Very confident
B. Confident
C. I think I understand it
D. Confused
E. Completely confused!

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

--Section 107
Copyright Act of 1976
The Doctrine of Fair Use

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

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

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

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.

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)

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

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

Wikispaces Online Community

Exercising Your Fair Use ReasoningInvolves Critical Thinking

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

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.

Communities of Practice Assert Their Fair Use Rights

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?

http://mediaeducationlab.com/copyright

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Copyright Clarity: How Fair Use Supports Digital Learning

by Renee Hobbs

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