Copyright Clarity:  <ul><li>Helping Our Students Ethically Navigate the </li></ul><ul><li>21st Century Information Landsca...
Our 21st Century Students Critical Thinking, Reflection & Ethics Using Technology Tools Well Self-Expression & Creativity ...
Plagiarism in a  Cut & Paste Culture...
What’s your level of confidence in understanding copyright and fair use: Image: 'fuzzy copyright' www.flickr.com/photos/58...
Technology makes it easy to: Use and share Copy  Modify & Repurpose Excerpt & Quote From Distribute
Copyright Confusion
How do teachers cope? See no Evil Close the Door Hyper-Comply
We need to start talking about
It’s time to replace old knowledge with accurate knowledge
To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution, 1787
OWNERS USERS Copyright Law Balances Rights of Owners and Users
The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Criticism, comment, news reporting, teaching, scholarship, re...
The Doctrine of Fair Use
The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Fair use of copyrighted materials is allowed when the benefit...
Exercising Your Fair Use Reasoning Involves  Critical Thinking
Range of comfort with use of Copyrighted materials Hyper-Comply
Educational Fair Use Guidelines The effective use of copyrighted materials enhances the teaching and learning process.
Does following “rules” for  educational guidelines require students to think critically about the  copyrighted materials t...
Does following “rules” for  Educational Guidelines require students to think critically about the  Copyrighted materials t...
Creative Commons
We need to rethink a few things... <ul><li>“ We’re changing what it would mean to be a creator just at the time that techn...
Does requiring students to use ONLY Creative Commons content require students to think critically about the  Copyrighted m...
Does requiring students to use ONLY Creative Commons content require students to think critically about the  Copyrighted m...
Codes of Best Practices
 
<ul><li>Educators can: </li></ul><ul><li>make copies of newspaper articles, TV shows, and other  copyrighted works and use...
Fair Use Judgment
Context & Situation <ul><ul><li>A team of elementary educators shows the Disney movie The Little Mermaid to three classes ...
Other Resources http://mediaeducationlab.com
Video Case Studies  Elementary School Case Study:   P.S. 124 The Silas B. Dutcher School Brooklyn, NY High School Case Stu...
Is this Use of Copyrighted Materials a Fair Use? <ul><li>Did the unlicensed use “transform” the material taken from the co...
Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
TRANSFORMATIVENESS <ul><ul><li>The purpose of the original: to generate publicity for a concert </li></ul></ul>The purpose...
Fair Use Reasoning tells me... <ul><li>Claim Fair Use </li></ul><ul><li>Ask permission </li></ul><ul><li>Buy a License </l...
Discuss a Student Sample
Is this Use of Copyrighted Materials a Fair Use? <ul><li>Did the unlicensed use “transform” the material taken from the co...
Teach kids to reason http://copyrightconfusion.wikispaces.com
Communities of Practice Assert Their Fair Use Rights
Strengthening weak muscles Regardless of whether you are using copyright material or the Creative Commons...in order to st...
 
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Copyright Clarity VA Beach LMS Conference

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Session designed to develop knowledge of the distinctions between fair use, creative commons, and other types of licenses so attendees will understand how to evaluate the use of a copyrighted work to determine whether it is appropriate for teachers and students to claim fair use, use Creative Commons licenses, ask
permission, or purchase a license.

Participants will also learn some specific
activities that can be used to teach K-12
students about their social responsibility
and ethical use of information.

Published in: Education, Technology
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  • Talk about some of the skills we expect our kids to master in the 21st C Discussion - WHO ARE OUR 21st C kids
  • quotes, attribution... 5 min storytelling.. searching a paper on for social studies. He didn&apos;t go to the library, pull down reference books and fill up 3x5 index cards. He went onto Google. Plagiarism is using someone elses work without attirbution...results from ignorance about attribute...WHEN DO WE START TEACHING THIS??? WHERE??? Kids have the feeling that they can find anything cut &amp; paste SMALL GROUP DISCUSSION… Is plagariasm being legitimized by the Google-generation, IF SO, how do we begin to develop a broader ethical sense about the ownership of things and ideas? Whose responsibility? How do we get the word out LARGE GROUP...5 min TRANSITION...PROBLEM IS...when we put laptops in the hands of kids...need to start doing things completely differently Cultural criticism is essential to democracy p5 Mass media &amp; Digital media are imp part of cultural environment p5 Appropriation of cultural materials promotes creativity &amp; learning p6
  • Relate to terms
  • Look at 3 coping strategies willfully ignorant of the law 5 min total time 20 min
  • small groups discuss...review terms arose in the conversation 5 min review... NO MORE THAN 10 min to do next 7 slides total time 40 min
  • It’s time for educators to get smarter about their rights under the law About c &amp; fair use and how it relates to our work
  • Government can establish a copyright system 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. Effective use of copyright materials can enhance teaching &amp; learning process p5
  • Talk about the law and the intention of the law...
  • Doctrine of fair use is central to what we do as educators
  • One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law ( title 17, U. S. Code ). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work. The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. FL-102, Revised May 2009
  • The problem is that over time...copyright confusion has started to strangle the creative process... We need to start to excercise our rights under the law When trying to build 21st C skills like creativity, innovation, critical thinking evaluation. Educators need to be able to use multimedia resources effectively...
  • Well meaning BEWARE OF CHARTS &amp; GRAPHS p 28 can actually distort your understanding of the law
  • Charts &amp; guidelines
  • There is a new model emerging and that is allowing creators to specify exactly how ~system was developed to “counteract problems of the current system... When should we think about use of Creative Commons Resources....
  • all it does is give kids right to copy &amp; paste cc license can actually diminish users lawful rights under fair use and hamper critical thinking process
  • Talk about the process and discuss involvement. MY EXPERIENCE in understanding the difference between Best Practices and what traditionally is recognized as Fair Use Before sharing CC resources with kids really need to start to examine best practices
  • According to the law...citizens themselves must interpret and apply the doctrine of fair use based on the context &amp; situation NEXT...OVERVIEW VIDEO
  • Discuss... (5 min) then examine different context / situations (5 min)
  • Break into groups by level...how did the teachers in the video exercise their rights to fair use....
  • p 8-9 Transformativeness is the term emerging to describe repurposing copyrighted materials as part of creative process I don’t have to ask permission to quote as you are developing ideas If repurposed you CAN use beyond the classroom 1. Did the unlicensed use “transform” taken form the copyrighted works 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 orignal? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted material and the use If the answers to these questions is YES, a court is likely to find a use fair.
  • Darfur Video... Watch &amp; analyze in small group
  • http://www.flickr.com/photos/oter/3104958433/
  • Copyright Clarity VA Beach LMS Conference

    1. 1. Copyright Clarity: <ul><li>Helping Our Students Ethically Navigate the </li></ul><ul><li>21st Century Information Landscape </li></ul>Kristin Hokanson
    2. 2. Our 21st Century Students Critical Thinking, Reflection & Ethics Using Technology Tools Well Self-Expression & Creativity Teamwork & Collaboration
    3. 3. Plagiarism in a Cut & Paste Culture...
    4. 4. What’s your level of confidence in understanding copyright and fair use: Image: 'fuzzy copyright' www.flickr.com/photos/58764797@N00/1384247192 A. Very confident B. Confident C. I think I understand it D. Confused E. Completely confused!
    5. 5. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute
    6. 6. Copyright Confusion
    7. 7. How do teachers cope? See no Evil Close the Door Hyper-Comply
    8. 8. We need to start talking about
    9. 9. It’s time to replace old knowledge with accurate knowledge
    10. 10. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution, 1787
    11. 11. OWNERS USERS Copyright Law Balances Rights of Owners and Users
    12. 12. The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Criticism, comment, news reporting, teaching, scholarship, research … but also many forms of creative work that advance and spread innovation
    13. 13. The Doctrine of Fair Use
    14. 14. The Doctrine of Fair Use --Section 107 Copyright Act of 1976 Fair use of copyrighted materials is allowed when the benefits to society outweigh the private costs to the copyright holder Fair use prevents copyright law from becoming a form of private censorship
    15. 15. Exercising Your Fair Use Reasoning Involves Critical Thinking
    16. 16. Range of comfort with use of Copyrighted materials Hyper-Comply
    17. 17. Educational Fair Use Guidelines The effective use of copyrighted materials enhances the teaching and learning process.
    18. 18. Does following “rules” for educational guidelines require students to think critically about the copyrighted materials they are using?
    19. 19. Does following “rules” for Educational Guidelines require students to think critically about the Copyrighted materials they are using?
    20. 20. Creative Commons
    21. 21. We need to rethink a few things... <ul><li>“ We’re changing what it would mean to be a creator just at the time that technology is enabling anybody to be a creator. So, just when it matters most, the law steps in and destroys the opportunity...” </li></ul><ul><li>— Prof. Lawrence Lessig </li></ul>
    22. 22. Does requiring students to use ONLY Creative Commons content require students to think critically about the Copyrighted materials they are using?
    23. 23. Does requiring students to use ONLY Creative Commons content require students to think critically about the Copyrighted materials they are using?
    24. 24. Codes of Best Practices
    25. 26. <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>Five Principles Code of Best Practices in Fair Use
    26. 27. Fair Use Judgment
    27. 28. Context & Situation <ul><ul><li>A team of elementary educators shows the Disney movie The Little Mermaid to three classes of Grade 3 students on the day before winter break in the school auditorium. </li></ul></ul>
    28. 29. Other Resources http://mediaeducationlab.com
    29. 30. 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
    30. 31. Is this Use of Copyrighted Materials a Fair Use? <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>
    31. 32. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
    32. 33. TRANSFORMATIVENESS <ul><ul><li>The purpose of the original: to generate publicity for a concert </li></ul></ul>The purpose of the new work: to document and illustrate the concert events in historical context
    33. 34. Fair Use Reasoning tells me... <ul><li>Claim Fair Use </li></ul><ul><li>Ask permission </li></ul><ul><li>Buy a License </li></ul><ul><li>Use another Copyright Friendly source </li></ul>
    34. 35. Discuss a Student Sample
    35. 36. Is this Use of Copyrighted Materials a Fair Use? <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>
    36. 37. Teach kids to reason http://copyrightconfusion.wikispaces.com
    37. 38. Communities of Practice Assert Their Fair Use Rights
    38. 39. Strengthening weak muscles Regardless of whether you are using copyright material or the Creative Commons...in order to strengthen the fair use muscles, you must use the reasoning process

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