Yes, You Can! Use Copyrighted Materials for Media Literacy


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Renee offered a seminar at the National Media Literacy Association (NAMLE) conference in Detroit on August 1, 2009

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  • In order to become media literate…we must USE MEDIA…what does that mean? Have to have an understanding of fair use… How do these skills relate to our rights under fair use?
  • Technologies make it easy to: Share Use Copy Excerpt/Quote from Modify Repurpose Distribute
  • Why do most people think that it is all about the owners? Where do these misconceptions come from From Wikipedia, the free encyclopedia: only clause the explains explicit purpose 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.
  • It’st time for educators to get smarter about their rights under the law About c & fair use and how it relates to our work
  • Describe each one If these are fair..what is NOT fair..what are instances where you would need to ask permission or get a license… TO COVER MYTH : FAIR USE IS TOO UNCLEAR AND COMPLICATED FOR ME; IT’S BETTER LEFT TO LAWYERS AND ADMINISTRATORS. TRUTH: The fair use provision of the Copyright Act is written broadly—not narrowly—because it is designed to apply to a wide range of creative works and the people who use them. Fair use is a part of the law that belongs to everyone—especially to working educators. Educators know best what they need to use of existing copyrighted culture to construct their own lessons and materials. Only members of the actual community can decide what’s really needed. Once they know, they can tell their lawyers and administrators.
  • Screen shot video hand 4 factors…questions over The law refers to four considerations: the nature of the use, the nature of the work used, the extent of the use, and its economic effect (the so-called “four factors”). This still leaves much room for interpretation, especially since the law is clear that these are not the only permissible considerations. In assessing fair use, courts ask: (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?
  • Talk about Creative Commons Permissions
  • Yes, You Can! Use Copyrighted Materials for Media Literacy

    1. 1. Renee Hobbs Media Education Lab Temple University National Association for Media Literacy Education Detroit MI August 1, 2009
    2. 3. <ul><li>Critical Thinking </li></ul><ul><li>Communication Skills </li></ul><ul><li>… an expanded conceptualization of literacy that includes mass media, popular culture and digital technology </li></ul><ul><li>… the ability to access, analyze, evaluate and communicate messages in a wide variety of forms </li></ul>
    3. 4. <ul><li>Share </li></ul><ul><li>Use </li></ul><ul><li>Copy </li></ul><ul><li>Modify </li></ul><ul><li>Distribute </li></ul><ul><li>Excerpt/Quote from </li></ul>
    4. 5. <ul><li>Restrict </li></ul><ul><li>Limit </li></ul><ul><li>Charge high fees </li></ul><ul><li>Discourage use </li></ul><ul><li>Use scare tactics </li></ul>
    5. 7. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
    6. 8. Copyright Confusion
    7. 9. See no Evil Close the Door Hyper-Comply
    8. 10. 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 Educational Use Guidelines are Confusing!
    9. 12. 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
    10. 13. with accurate knowledge
    11. 14. <ul><li>The right to use copyrighted materials freely without payment or permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.” </li></ul><ul><li>--Section 107 </li></ul><ul><li>Copyright Act of 1976 </li></ul>
    12. 15. Funded by the John D. & Catherine T. MacArthur Foundation
    13. 16.
    14. 17. Organizations Supporting the Code of Best Practices Action Coalition for Media Education (ACME) National Association for Media Literacy Education (NAMLE) National Council of Teachers Of English (NCTE) Visual Studies Division International Communication Association (ICA) Association for College and Research Libraries (ACRL)
    15. 18. 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:
    16. 19. <ul><li>Educators can: </li></ul><ul><li>make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use </li></ul><ul><li>create curriculum materials and scholarship with copyrighted materials embedded </li></ul><ul><li>share, sell and distribute curriculum materials with copyrighted materials embedded </li></ul><ul><li>Learners can: </li></ul><ul><li>use copyrighted works in creating new material </li></ul><ul><li>distribute their works digitally if they meet the transformativeness standard </li></ul>
    17. 20. 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
    18. 21. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
    19. 22. An Example of Transformative Use <ul><ul><li>The purpose of the original: To generate publicity for a concert. </li></ul></ul><ul><ul><li>The purpose of the new work: To document and illustrate the concert events in historical context. </li></ul></ul>
    20. 23. Users’ Rights, Section 107
    21. 24. 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
    22. 25. <ul><li>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? </li></ul><ul><li>Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use? </li></ul>
    23. 26. Practicing the Fair Use Reasoning Process
    24. 28. The Intellectual Context LESSIG JASZI & AUFDERHEIDE BENKLER
    25. 29. The Code of Best Practices Helps <ul><li>To educate educators themselves about how fair use applies to their work </li></ul><ul><li>To persuade gatekeepers, including school </li></ul><ul><li>leaders, librarians, and publishers, to accept well-founded assertions of fair use </li></ul><ul><li>To promote revisions to school policies regarding the use of copyrighted materials that are used in education </li></ul><ul><li>To discourage copyright owners from threatening or bringing lawsuits </li></ul><ul><li>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. </li></ul>
    26. 30. <ul><li>ANTI-CIRCUMVENTION </li></ul><ul><li>RULEMAKING </li></ul>Digital Millennium Copyright Act
    27. 32. Continue Your Learning Media Education Lab Online community for sharing: Contact: Renee Hobbs Temple University Media Education Lab Philadelphia, PA Email: [email_address] Phone: 215 204-4291