Copyright Clarity
Renee Hobbs
Harrington School of
Communication and Media
University of Rhode Island
Texts Used in Teaching and Learning
Texts Used Teaching and Learning
Texts Used in Teaching and Learning
moving-image
Texts Used in Teaching and Learning
Texts Used in Teaching and Learning
One Law Protects them All
PEER-TO-PEER FILE SHARING
Why creative people value copyright law
When you (and your students) can use copyrighted materia...
Supported with a
grant from the John
D. and Catherine T.
MacArthur
Foundation
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
See no Evil Close the Door Hyper-Comply
How Faculty Cope
NEGOTIATED AGREEMENTS BETWEEN MEDIA
COMPANIES AND EDUCATIONAL GROUPS
Problem 1:
Agreement on Guidelines for Classroom Copy...
The documents created by these negotiated
agreements give them “the appearance of positive
law. These qualities are merely...
Problem 2:
People Confuse Plagiarism and Copyright
PLAGIARISM
Using other people’s
creative work by passing
it off as your own
COPYRIGHT INFRINGEMENT
A legal violation of th...
PLAGIARISM
Using other people’s
creative work by passing
it off as your own
COPYRIGHT INFRINGEMENT
A legal violation of th...
When & How to Cite Your Sources:
Teaching Attribution
 Academic Writing
 Video PSAs
 Poetry
 Informal Writing
 Docume...
APA CITATION: Caramanica, J.
(2010). At 40, Circling Back to
Teenage Life. New York Times,
August 27.
SUMMARY: The produce...
What is the purpose of
To promote creativity,
innovation and the
spread of knowledge
To promote creativity,
innovation and the
spread of knowledge
Article 1 Section 8
U.S. Constitution
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...
Owners May Control Copyright
through the Licensing Process
Copyright law enables people to
control the creative works
they produce
LOVE HATE
VViolating Copyright Can Be Expensive
The Copyright holder may receive statutory damages for all
infringements involved in...
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, teac...
The Doctrine of Fair Use
“It not only allows but encourages socially
beneficial uses of copyrighted works such as
teaching...
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
...
Is Your Use of Copyrighted Materials a Fair Use?
1. Did the unlicensed use “transform” the material taken
from the copyrig...
Is Your Use of Copyrighted Materials a Fair Use?
1. Did the unlicensed use “transform” the material taken
from the copyrig...
LINK
Using Copyrighted Materials in Creative Work
. CASE 1. Someone uses an
image of John Lennon in a
class assignment when
dis...
Use of Copyrighted Materials in Creative Work
. CASE 1. A student mixes
excerpts of a classic speech
with a song in order ...
Sharing Creative Work Online
.
CASE 1. Someone uses
“Little Mermaid” image in a
personal blog writing about
childhood memo...
Sharing Creative Work Online
.
CASE 1. Students and
faculty make a “lip dub” video
and share it on YouTube.
LINK
Transformative Use is Fair Use
Exercising Fair Use
Involves
Critical Thinking
Transformative Use is Fair Use
Reflects the “best
practices” of
educators who use
copyrighted material
to build critical
thinking and
communication skill...
Educators can:
1. make copies of newspaper articles, TV shows, and other
copyrighted works and use them and keep them for ...
Codes of Best Practices Support
Academic & Creative Communities
USING COPYRIGHTED MATERIAL
CHOICES FOR THE CREATIVE INDIVIDUAL
PAY A LICENSE FEE
Ask Permission
CLAIM FAIR USE
Just Use it...
SHARE THE GOOD NEWS!
Wikispaces Online Community
Copyright? What’s
Copyright?
Music Videos
Users’ Rights, Section 107
www.mediaeducationlab.com
CONTACT:
Renee Hobbs
Founding Director
Harrington School of Communication and Media
University o...
IRA Institute 16: Copyright Clarity
IRA Institute 16: Copyright Clarity
IRA Institute 16: Copyright Clarity
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IRA Institute 16: Copyright Clarity

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Hobbs provides a brief introduction to understand how copyright and fair use applies to digital learning

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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.
  • Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress:
    “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
  • Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress:
    “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
  • Worst case scenario: $3,3 million – 22 episodes at $150K each
    If 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 each
    If you plead ignorance: possibly only $4,400 ($750 * 22 episodes)

    PLUS YOUR LEGAL FEES + THEIR LEGAL FEES


  • 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.
  • http://copyrightconfusion.wikispaces.com
  • IRA Institute 16: Copyright Clarity

    1. 1. Copyright Clarity Renee Hobbs Harrington School of Communication and Media University of Rhode Island
    2. 2. Texts Used in Teaching and Learning
    3. 3. Texts Used Teaching and Learning
    4. 4. Texts Used in Teaching and Learning moving-image
    5. 5. Texts Used in Teaching and Learning
    6. 6. Texts Used in Teaching and Learning
    7. 7. One Law Protects them All
    8. 8. PEER-TO-PEER FILE SHARING 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 Goals for Today’s Session
    9. 9. Supported with a grant from the John D. and Catherine T. MacArthur Foundation
    10. 10. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute
    11. 11. Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics
    12. 12. See no Evil Close the Door Hyper-Comply How Faculty Cope
    13. 13. NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS Problem 1: 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 Educational Use Guidelines are Confusing!
    14. 14. 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 Guidelines are NOT the Law!
    15. 15. Problem 2: People Confuse Plagiarism and Copyright
    16. 16. PLAGIARISM Using other people’s creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work
    17. 17. PLAGIARISM Using other people’s creative work by passing it off as your own COPYRIGHT INFRINGEMENT A legal violation of the rights of authors, who can control access to their creative work ATTTRIBUTION Citing Your Sources FINES & OTHER PENALTIES
    18. 18. When & How to Cite Your Sources: Teaching Attribution  Academic Writing  Video PSAs  Poetry  Informal Writing  Documentary Film  Journalism  Websites NORMS OF THE GENRE HOW TO USE SOURCES  Summarizing  Paraphrasing  Direct Quotation
    19. 19. APA CITATION: Caramanica, J. (2010). At 40, Circling Back to Teenage Life. New York Times, August 27. SUMMARY: The producer of 16 and Pregnant has had a turbulent career after having a successful early start in Hollywood followed by a string of failures and personal problems. Now that “16 and Pregnant” is a hit, he has a mission to tell the complex life stories of teenagers who are struggling with life challenges (Caramanica, 2010). PARAPHRASE: More than 2.4 million viewers watch “16 and Pregnant” each week (Caramanica, 2010). DIRECT QUOTATION: Morgan J. Freeman has helped “reposition MTV’s reality slate from tracking the lives of the young, beautiful and rich to capturing the lives of the young, beautiful and resilient” (Caramanica, 2010, p. D1).
    20. 20. What is the purpose of
    21. 21. To promote creativity, innovation and the spread of knowledge
    22. 22. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
    23. 23. It’s time to replace old knowledge with accurate knowledge
    24. 24. EVERYTHING IS COPYRIGHTED Any work of expression in fixed or tangible form
    25. 25. 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.
    26. 26. Owners May Control Copyright through the Licensing Process
    27. 27. Copyright law enables people to control the creative works they produce LOVE HATE
    28. 28. VViolating 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." LOVE HATE
    29. 29. EVERYTHING IS COPYRIGHTED ..but there are exemptions
    30. 30. --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
    31. 31. 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
    32. 32. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
    33. 33. 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.
    34. 34. 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?
    35. 35. 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? LINK
    36. 36. LINK
    37. 37. Using Copyrighted Materials in Creative Work . CASE 1. Someone uses an image of John Lennon in a class assignment when discussing how musicians share their political beliefs with their fans. CASE 2. Someone uses an image of John Lennon on the cover of the high school literary magazine.
    38. 38. Use of Copyrighted Materials in Creative Work . CASE 1. A student mixes excerpts of a classic speech with a song in order to promote new meanings and interpretations. CASE 2. A student uses a copyrighted song in a video to demonstrate understanding of rhetorical and literary techniques. LINK LINK
    39. 39. Sharing Creative Work Online . CASE 1. Someone uses “Little Mermaid” image in a personal blog writing about childhood memories. CASE 2. Someone uses a “Little Mermaid” image in online fan fiction about the sexual adventures of Ariel.
    40. 40. Sharing Creative Work Online . CASE 1. Students and faculty make a “lip dub” video and share it on YouTube. LINK
    41. 41. Transformative Use is Fair Use
    42. 42. Exercising Fair Use Involves Critical Thinking Transformative Use is Fair Use
    43. 43. Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills LINK
    44. 44. 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
    45. 45. Codes of Best Practices Support Academic & Creative Communities
    46. 46. USING COPYRIGHTED MATERIAL CHOICES FOR THE CREATIVE INDIVIDUAL PAY A LICENSE FEE Ask Permission CLAIM FAIR USE Just Use it DON’T USE IT SELECT PUBLIC DOMAIN, ROYALTY-FREE or CREATIVE COMMONS LICENSED CONTENT
    47. 47. SHARE THE GOOD NEWS!
    48. 48. Wikispaces Online Community
    49. 49. Copyright? What’s Copyright? Music Videos Users’ Rights, Section 107
    50. 50. www.mediaeducationlab.com CONTACT: Renee Hobbs Founding Director Harrington School of Communication and Media University of Rhode Island Email: hobbs@uri.edu
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