Copyright Clarity: How Fair Use Supports Digital Learning
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Copyright Clarity: How Fair Use Supports Digital Learning

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Use these slides along with Renee Hobbs' new book, Copyright Clarity: How Fair Use Supports Digital Learning (Corwin Press, 2010) to offer a professional development workshop for educators in your ...

Use these slides along with Renee Hobbs' new book, Copyright Clarity: How Fair Use Supports Digital Learning (Corwin Press, 2010) to offer a professional development workshop for educators in your community.

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  • Renee,
    This is a fantastic resource...when I linked to the Media Education Lab's page...I was in heaven. This is exactly what I've been looking for to help my students and teachers understand that fear is not the end-all tactic/approach for copyright, as YouTube (and others) would have us believe. My copy of Copyright Clarity is in the mail!

    Thanks!!!

    Jennifer Perino
    Peoria Notre Dame High School
    Director of Instructional Technology
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  • Renee and Andrew, thanks again for this constructive discussion. Just when I feel like I have a decent grasp of the concepts surrounding Fair Use, Copyright, Creative Commons and how it all applies to schools and education, something comes along and makes me think more deeply about it. Sometimes I wish it was all so cut-and-dried to be easily understood. But then I remember that this is how our students must feel ALL the time!

    BTW, I'm anxiously awaiting the arrival of 'Copyright Clarity' to our professional resources library!
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  • Thanks Renee
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  • Hi Andrew: Thanks for your questions. (1) CC licenses do not interfere with fair use. See http://wiki.creativecommons.org/Frequently_Asked_Questions. (2) I could use a list of attributions if I wanted to, but it's not legally required. Attribution is an ethical consideration, not a legal one. By the way, I asked (and received) permission for the one image in the slideshow that I did not manipulate-- the surprised guy's face. Hope this is helpful.
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  • Hi Renee,
    In reference to your response to Clint's comment, does what you are saying mean that if you use a CC image under 'fair use', you do not need to abide by the requests under that CC license; i.e. attribute the author or 'share-alike'? In terms of interfering with the effectiveness of communication, could you not attribute the creators on a slide at the end of the presentation?
    I too found your presentation valuable as well as the resulting discussions. Thanks.
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Copyright Clarity: How Fair Use Supports Digital Learning Copyright Clarity: How Fair Use Supports Digital Learning Presentation Transcript

  • 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