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Copyright Clarity: Using Copyrighted Materials for Digital Learning<br />Renee HobbsTemple UniversityMedia Education LabSchool of Communications & TheaterPhiladelphia PA<br />http://mediaeducationlab.com/copyright<br />

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PEER-TO-PEER FILE SHARING<br />Goals for Today’s Session<br />Why creative people value copyright law<br />When you (and your students) can use copyrighted materials without payment or permission under some circumstances<br />When you (and your students) should ask permission or pay a license fee to use copyrighted materials<br />How codes of best practice help people become more confident in understanding and using the doctrine of fair use<br />How the law adapts to changes in society and changes in technology<br />

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Media Literacy<br />Critical thinking about media & technology<br />+ <br />Composing using media & technology<br />For what purpose? <br />To build critical thinking and communication skills<br />Critical Thinking, Reflection & Ethics<br />Using Technology Tools Well<br />Self-Expression & Creativity<br />Teamwork & Collaboration<br />

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Supported with a grant from the John D. and Catherine T. MacArthur Foundation<br />

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What is the purpose of <br />

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To promote creativity, innovation and the spread of knowledge<br />Article 1 Section 8<br />U.S. Constitution<br />

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Technology makes it easy to:<br /><ul><li>Use and share

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Copy

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Modify & Repurpose

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Excerpt & Quote From

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Distribute</li></li></ul><li>Owners forcefully assert their rights to:<br /><ul><li>Restrict

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Limit

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Charge high fees

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Discourage use

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Use scare tactics</li></li></ul><li>How Teachers Cope<br />See no Evil<br />Close the Door<br />Hyper-Comply<br />

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Problem:<br />Educational Use Guidelines are Confusing!<br />NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS<br />Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions<br />Fair Use Guidelines for Educational Multimedia<br />Guidelines for the Educational Use of Music<br />

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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”<br /> --Kenneth Crews, 2001<br />Educational Use Guidelinesare NOT the Law!<br />

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It’s time to replace old knowledge<br />with<br />accurate knowledge<br />

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EVERYTHING <br />IS COPYRIGHTED<br />Any work of expression in fixed or tangible form<br />

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Creative Control<br />The Copyright Act grants five rights to a copyright owner:<br />1. the right to reproduce the copyrighted work; <br />2. the right to prepare derivative works based upon the work; <br />3. the right to distribute copies of the work to the public; <br />4. the right to perform the copyrighted work publicly; and <br />5. the right to display the copyrighted work publicly. <br />

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Owners May Control Copyright through the Licensing Process<br />

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LOVE<br />HATE<br />Copyright law enables people to control the creative works <br />they produce<br />

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LOVE<br />HATE<br />Violating Copyright Can Be Expensive<br />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. [...] <br />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." <br />

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EVERYTHING <br />IS COPYRIGHTED<br />..but there are exemptions<br />

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--Section 107<br /> Copyright Act of 1976<br />The Doctrine of Fair Use<br />For purposes such as <br />criticism, comment, <br />news reporting, teaching (including multiple copies for classroom use), <br />scholarship or research<br />

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The Doctrine of Fair Use<br />“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.”<br />--Carrie Russell, American Library Association<br />

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Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)<br />

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An Example of Transformative Use<br /> The purpose of the original: To generate publicity for a concert.<br />The purpose of the new work: To document and illustrate the concert events in historical context.<br />

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Is Your Use of Copyrighted Materials a Fair Use?<br />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?<br />Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?<br />

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Exercising Your Fair Use ReasoningInvolves Critical Thinking<br />

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Reflects the “best practices” of educators who use copyrighted material to build critical thinking and communication skills<br />

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Five Principles Code of Best Practices in Fair Use <br />Educators can:<br />make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use<br />create curriculum materials and scholarship with copyrighted materials embedded<br />share, sell and distribute curriculum materials with copyrighted materials embedded <br />Learners can:<br />use copyrighted works in creating new material <br />distribute their works digitally if they meet the transformativeness standard<br />

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Organizations Supporting the Code of Best Practices<br />Association of College and Research Libraries (ACRL)<br />National Association for Media Literacy Education (NAMLE)<br />Action Coalition for Media Education (ACME)<br />National Council of Teachers Of English (NCTE)<br />Visual Studies Division<br />International Communication Association (ICA)<br />

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Educators Can Rely on Fair Use <br />National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use<br />

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Video Case Studies <br />Elementary School Case Study:<br />P.S. 124 The Silas B. Dutcher School<br />Brooklyn, NY<br />High School Case Study:<br />Upper Merion Area High School <br />King of Prussia, PA<br />College Case Study: <br />Project Look Sharp at Ithaca College<br />Ithaca, NY<br />

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The Code of Best Practices Helps<br /><ul><li> To educate educators themselves about how fair use applies to their work

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To persuade gatekeepers, including school </li></ul> leaders, librarians, and publishers, to accept well-founded assertions of fair use<br /><ul><li> To promote revisions to school policies regarding the use of copyrighted materials that are used in education

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To discourage copyright owners from threatening or bringing lawsuits

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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></li></ul><li>PAY A LICENSE FEE Ask Permission<br />CLAIM FAIR USE<br />Just Use it<br />SELECT PUBLIC DOMAIN, ROYALTY-FREE or <br />CREATIVE COMMONS LICENSED CONTENT<br />DON’T USE IT<br />USING COPYRIGHTED MATERIAL<br />CHOICES FOR THE CREATIVE INDIVIDUAL<br />

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Communities of Practice Assert Their Fair Use Rights<br />

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Digital Millennium Copyright Act of 1998<br />RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. <br />ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use <br />

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The Results of our Advocacy<br />Users may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non-profit use. <br />

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SHARE THE GOOD NEWS! <br />

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http://mediaeducationlab.com<br />

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Wikispaces Online Community <br />

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Music Videos<br />Copyright? What’s Copyright?<br />Users’ Rights, Section 107<br />

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Three Visions<br />Open Source Business Models Make Copyright Obsolete <br />Creative Communities Develop Codes of Best Practices for Fair Use<br />Flexible Licensing Schemes:<br />Some Rights Reserved<br />

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Copyright Law Adapts to Changes in Technology and Society<br />

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PEER-TO-PEER FILE SHARING<br />Goals for Today’s Session<br />Why creative people value copyright law<br />When you (and your students) can use copyrighted materials without payment or permission under some circumstances<br />When you (and your students) should ask permission or pay a license fee to use copyrighted materials<br />How codes of best practice help people become more confident in understanding and using the doctrine of fair use<br />How the law adapts to changes in society and changes in technology<br />

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You Can Share Copyright Clarity<br />Contact:<br />Renee Hobbs<br />Temple University<br />Media Education Lab<br />Philadelphia PA<br />Email: renee.hobbs@temple.edu<br />Phone: (215) 204-3255<br />Twitter: reneehobbs<br />Web: http://mediaeducationlab.com<br />