Copyright and Fair Use
by Randy Rodgers
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A quiz and overview of copyright laws, fair use in education, and resources for teachers and students to find usable images, media, and more.
A quiz and overview of copyright laws, fair use in education, and resources for teachers and students to find usable images, media, and more.
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When you said, 'To my knowledge, the practices I’ve shared with students have not led to negative court decisions. I’m looking, but I haven’t found any such instances. Are there any you are aware of?'
You are totally correct here -- no lawsuits. But although I too agree that some teachers/students 'throw all caution to the wind', many schools hyper-comply to 'the rules', which essentially becomes a form of censorship. As the Supreme Court states, 'Fair use keeps copyright from violating the 1st Amendment' (Code of Best Practices in Fair Use for Media Literacy Education).
Perhaps here is where we disagree. What is more important? What do you value as an educator? '[M]aking students sensitive to copyright laws' (as you said), or allowing them to comment on the culture around them, which has become increasingly copyrighted? Obviously, I value the latter. But I would argue that having teachers and students follow 'the rules' doesn't even fulfill *your* goal, unfortunately, because 'the rules' do not represent the law and do not have the force of law.
Does that make sense? 2 years ago
I won't disagree with you. The law is not nearly so cut-and-dry as the presentation would imply, particularly with regard to how much use is fair use. However, because of the ambiguity and subjectivity of the law, these guidelines (and that is what they are) have been used and scrutinized in education, even by attorneys, for quite some time, and have proven useful. Steven didn't invent them--I've seen this same info for years. The Stanford University Library advocates the same guidelines (http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-c.html). Regardless of their source, they have been followed within education for some time now, and, I would argue, successfully. They probably do attempt to make the abstract perhaps too concrete, but they do the main job of making students sensitive to copyright laws. You may not consider this to be enough, and that is reasonable. Facing the realities of the day-to-day k-12 setting, where students and teachers throw all caution to the wind, however, I consider it a monumental step in the right direction.
Here is the biggest challenge. All I have to do is visit 10 different sites from 10 different universities to get 10 different opinions/interpretations by academic 'experts.' (I did this, believe me.) This is problematic and symptomatic of copyright law, in general. Much is left to the interpretation of lawyers and the courts. To my knowledge, the practices I've shared with students have not led to negative court decisions. I'm looking, but I haven't found any such instances. Are there any you are aware of?
Kristen,
Actually, the one of the four criteria I omitted of was really the nature of the work (intentionally). This was the most difficult to define clearly to students. However, I did find the Fair Use Checklist by Columbia University (http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/) to be a handy tool for this area. I mention it while presenting, but didn't put it in the slideshow. I'll revise and repost. I like what you have to say about reasoning, and I should and will address this to a greater degree in my future presentations. Don't think I'll throw the baby out with the bath water just yet, however. I'm a bit stubborn, and I'll need more convincing before I just abandon something. I am listening, however. 2 years ago
Be sure to READ the copyright office's description of the Fair Use clause
http://www.copyright.gov/fls/fl102.html
and here is the reasoning tooo http://copyrightconfusion.wikispaces.com/reasoning 2 years ago
Unfortunately, the 'Fair Use Guidelines' you present in your Pop Quiz perpetuate the myth that fair use can be boiled down to a set of numbers and percentages. According to Kenneth Crews (a preeminent scholar in the field), “...in fact the guidelines bear little relationship, if any, to the law of fair use”.
I would strongly encourage you to take a look at Renee Hobbs' book, Copyright Clarity, or download the 'Code of Best Practices in Fair Use for Media Literacy Education' for free at http://www.mediaeducationlab.com/code-best-practices-fair-use-media-literacy-education-0
I would be happy to talk to you more on this subject before your next presentation. I am leaving a similar comment on Steven Anderson's site, too. I can connect you with Renee Hobbs of Temple University if you have further questions about this critique. 2 years ago
1. Copyright infringement. Fair use limits use of copyrighted music to the lesser of 30 seconds or 10%.
2. Fair use. The lesser of 3 complete poems or 250 words may be used.
3. Depends. Up to the lesser of 3 minutes or 10% of video may be used, so it depends upon the length of the original video.
4. True. It also may include punitive damages of up to $100,000 for each work illegally used.
5. It is protected. Published, original works are so protected by default.
6. Facts are not protected.
7. Protected. Copyright protection extends 70 years beyond the death of the creator of the work, and it is possible for this to be extended.
8. Yes, dance and choreography are protected. 2 years ago