ML, Copyright and Fair Use
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ML, Copyright and Fair Use

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Renee's presentation at ISTE-NECC in Washington, DC on June 28, 2009. Part of a 3-hour program featurinh Kristin Hokanson, Joyce Valenza, and Michael RobbGrieco.

Renee's presentation at ISTE-NECC in Washington, DC on June 28, 2009. Part of a 3-hour program featurinh Kristin Hokanson, Joyce Valenza, and Michael RobbGrieco.

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ML, Copyright and Fair Use Presentation Transcript

  • 1. Best Practices for Fair Use for 21st Century Educators
    Renee Hobbs, Kristin Hokanson, Joyce Valenza
    and Michael RobbGrieco
    Media Education Lab, Temple University
    ISTE-NECC June 28, 2009 | Washington DC
  • 2. Multimedia Composition is Growing in American Classrooms
  • 3. …the ability to access, analyze, evaluate and communicate messages in a wide variety of forms
    …an expanded conceptualization of literacy that includes mass media, popular culture and digital technology
    Critical Thinking
    Communication Skills
    What is Media Literacy?
  • 4. Technology makes it easy to…
    • Share
    • 5. Use
    • 6. Copy
    • 7. Modify
    • 8. Distribute
    • 9. Excerpt/Quote from
  • Owners forcefully assert their rights to:
    • Restrict
    • 10. Limit
    • 11. Charge high fees
    • 12. Discourage use
    • 13. Use scare tactics
  • What is the purpose of
  • 14. To promote creativity, innovation and the spread of knowledge
    Article 1 Section 8
    U.S. Constitution
  • 15. Copyright Confusion
  • 16. How Teachers Cope
    See no Evil
    Close the Door
    Hyper-Comply
  • 17. 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
  • 18. Educational Use Guidelinesare NOT the Law!
  • 19. 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!
  • 20. It’s time to replace old knowledge
    with
    accurate knowledge
  • 21. The Doctrine of Fair Use
    The right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.”
    --Section 107
    Copyright Act of 1976
  • 22. Finally the end to copyright confusion has arrived
    Funded by the John D. & Catherine T. MacArthur Foundation
  • 23. http://mediaeducationlab.com/index.php?page=293
  • 24. Organizations Supporting the Code of Best Practices
    Association for 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)
  • 25. Fair Use Policy for NCTE
    On November 11, 2008, NCTE adopted the Code of Best Practices in Fair Use for Media Literacy Education as the official policy on fair use:
    http://www.ncte.org/positions/statements/fairusemedialiteracy
  • 26. 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
  • 27. 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
  • 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. Video Case Studies
    Elementary School Case Study:
    P.S. 124, 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
  • 31. 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?
  • 32.
  • 33. The Code of Best Practices Helps
    • To educate educators themselves about how fair use applies to their work
    • 34. 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
    • 35. To discourage copyright owners from threatening or bringing lawsuits
    • 36. 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.
  • 37. Continue Your Learning
    Media Education Lab
    http://mediaeducationlab.com
    Online community for sharing:
    http://copyrightconfusion.wikispaces.com/
    Contact:
    Renee HobbsTemple UniversityMedia Education LabPhiladelphia, PAEmail: renee.hobbs@temple.eduPhone: 215 204-4291
  • 38. Users’ Rights, Section 107
    http://mediaeducationlab.com/index.php?page=295