1. Renee Hobbs
Professor of Communication Studies
Director, Media Education Lab
Harrington School of Communication and
Media
University of Rhode Island
@reneehobbs #gaetc15
#GaETC15
Copyright Clarity: Yes You Can Use Copyrighted
Materials for Digital Learning

2. @reneehobbs #gaetc15
www.mediaeducationlab.com

3. PEER-TO-PEER FILE SHARING
Goals for Today’s Session
@reneehobbs #gaetc15
Learn about the most common misunderstandings that K-12
educators and technology specialists have about copyright
and fair use
Understand the purpose of copyright and learn how to
make a fair use determination
Appreciate the value of becoming a community advocate for
expanding copyright and fair use for digital learning

4. Technology
makes it easy
to:
Use and share
Copy
Modify & Repurpose
Excerpt & Quote From
Distribute
@reneehobbs #gaetc15

5. Owners
forcefully assert
their rights to:
Restrict
Limit
Charge high fees
Discourage use
Use scare tactics
@reneehobbs #gaetc15

6. See no Evil Close the Door Hyper-Comply
How Teachers Cope
@reneehobbs #gaetc15

7. It’s time to
replace old
knowledge
with
accurate
knowledge
@reneehobbs #gaetc15

8. Let’s Clear Up
Some Common Misunderstandings
@reneehobbs #gaetc15

9. @reneehobbs #gaetc15
C
H
A
R
T
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10. NEGOTIATED AGREEMENTS BETWEEN MEDIA
COMPANIES AND SOME EDUCATIONAL GROUPS
Problem:
 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!
@reneehobbs #gaetc15

11. @reneehobbs #gaetc15
C
H
A
R
T
NEGOTIATED AGREEMENTS BETWEEN MEDIA
COMPANIES AND SOME EDUCATIONAL GROUPS
CANNOT BE USED BY JUDGES IN DETERMINING
WHETHER AN UNAUTHORIZED USE IS FAIR

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
Educational Use Guidelines
are NOT the Law!
@reneehobbs #gaetc15

13. Let’s Clear Up
Some Common Misunderstandings
@reneehobbs #gaetc15

14. PLAGIARISM
Using other people’s creative
work by passing it off as your
own
COPYRIGHT INFRINGEMENT
A legal violation of the rights of authors,
who can control access to their creative
work
ATTTRIBUTION Citing Your
Sources
@reneehobbs #gaetc15

15. PLAGIARISM
Using other people’s creative
work by passing it off as your
own
COPYRIGHT INFRINGEMENT
A legal violation of the rights of authors,
who can control access to their creative
work
ATTTRIBUTION Citing Your
Sources
FINES & OTHER PENALTIES
@reneehobbs #gaetc15

16. PLAGIARISM
Using other people’s creative
work by passing it off as your
own
COPYRIGHT INFRINGEMENT
A legal violation of the rights of authors,
who can control access to their creative
work
ATTTRIBUTION Citing Your
Sources
FINES & OTHER PENALTIES
@reneehobbs #gaetc15

17. Let’s Clear Up
Some Common Misunderstandings
@reneehobbs #gaetc15

18. What is the purpose of
@reneehobbs #gaetc15

19. To promote creativity,
innovation and the
spread of knowledge
Article 1 Section 8
U.S. Constitution
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20. EVERYTHING
IS COPYRIGHTED
@reneehobbs #gaetc15

21. Creative Control
The Copyright Act grants five rights to
a copyright owner:
1. the right to reproduce the
copyrighted work;
2. the right to prepare derivative
works based upon the work;
3. the right to distribute copies of the
work to the public;
4. the right to perform the copyrighted
work publicly; and
5. the right to display the copyrighted
work publicly.
@reneehobbs #gaetc15

22. Copyright law enables people to
control the creative works
they produce
LOVE HATE
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23. Violating Copyright Can Be Expensive
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. [...]
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."
LOVE HATE
@reneehobbs #gaetc15

24. EVERYTHING
IS COPYRIGHTED
…BUT THERE ARE
EXEMPTIONS
@reneehobbs #gaetc15

25. Let’s Clear Up
Some Common Misunderstandings
@reneehobbs #gaetc15

26. --Section 107
Copyright Act of 1976
The Doctrine of Fair Use
For purposes such as
criticism, comment,
news reporting, teaching (including multiple
copies for classroom use),
scholarship or research
@reneehobbs #gaetc15

27. FAIR
USE

28. The Doctrine of Fair Use
“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.”
--Carrie Russell, American Library Association
@reneehobbs #gaetc15

29. @reneehobbs #gaetc15
Judges are more likely to rule that a particular use of copyrighted
materials is a fair use when the social benefits of the unauthorized
use outweigh the private costs to the copyright holder

30. Bill Graham Archives vs. Dorling Kindersley,
Ltd. (2006)
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31. 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.
@reneehobbs #gaetc15

32. http://mediaeducationlab.com/copyright@reneehobbs #gaetc15

33. @reneehobbs #gaetc15

34. Let’s Clear Up
Some Common Misunderstandings
@reneehobbs #gaetc15

35. Creative Authors Must Ask Critical
Questions when Making a Fair Use
Determination
1. Did my use of the work re-purpose
or transform the copyrighted
material? Did I add value?
1. Did I merely re-transmit the
original work? Could my work serve
as a substitute or replacement for
the original?
2. Did I use just the amount I needed
in order to accomplish my purpose?
Exercising Fair Use Reasoning
Involves Critical Thinking
@reneehobbs #gaetc15

36. Using Copyrighted Materials in Creative Work
.
CASE 1. Someone teaching an online
graduate class demonstrates the best
practices of a storytime read-aloud by
creating an educational video that features
a teacher reading aloud from a picture
book.
CASE 2. Someone creates a video of a
children’s picture book by using images
from the picture book while reading aloud
to create a video.
CASE 3. Someone uses a variety of
different copyrighted images to create a
book trailer for a children’s picture book.
@reneehobbs #gaetc15

37. Using Copyrighted Materials in Creative Work
. CASE 1. Someone uses an
image of John Lennon in a
class assignment when
discussing how musicians
share their political beliefs
with their fans.
CASE 2. Someone uses an
image of John Lennon on the
cover of the high school
literary magazine.
@reneehobbs #gaetc15

38. Sharing Creative Work Online
.
CASE 1. Someone uses
“Little Mermaid” image in a
personal blog writing about
childhood memories.
CASE 2. Someone uses a
“Little Mermaid” image in
online fan fiction about the
sexual adventures of Ariel.
@reneehobbs #gaetc15

39. Creative Authors Must Ask Critical
Questions when Making a Fair Use
Determination
1. Did my use of the work re-purpose
or transform the copyrighted
material? Did I add value?
1. Did I merely re-transmit the
original work? Could my work serve
as a substitute or replacement for
the original?
2. Did I use just the amount I needed
in order to accomplish my purpose?
Exercising Fair Use Reasoning
Involves Critical Thinking
@reneehobbs #gaetc15

40. Let’s Clear Up
Some Common Misunderstandings
@reneehobbs #gaetc15
“Guidelines” documents are not copyright laws
Citing sources is not a cure for copyright violation
Everything we create is automatically copyrighted
Fair use is a strong protection that balances the rights
of owners with the rights of users
People have the legal right and obligation to make a
fair use determination when they use copyrighted
materials in their own creative work

41. Reflects the “best
practices” of
educators who use
copyrighted material
to build critical
thinking and
communication skills
Supported by a grant from the John D. and Catherine T MacArthur Foundation@reneehobbs #gaetc15

42. Educators can:
1. make copies of newspaper articles, TV shows, and other
copyrighted works and use them and keep them for educational
use
2. create curriculum materials and scholarship with copyrighted
materials embedded
3. share, sell and distribute curriculum materials with copyrighted
materials embedded
Learners can:
4. use copyrighted works in creating new material
5. distribute their works digitally if they meet the
transformativeness standard
Five Principles
Code of Best Practices in Fair Use
@reneehobbs #gaetc15

43. 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 of College and Research
Libraries (ACRL)
@reneehobbs #gaetc15

44. Educators Can Rely on Fair Use
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
@reneehobbs #gaetc15

45. @reneehobbs #gaetc15

46. Copyright Clarity:
Choices for the Creative Individual
PAY A LICENSE FEE
Ask Permission
CLAIM FAIR USE
Just Use it
DON’T USE IT
SELECT PUBLIC DOMAIN,
ROYALTY-FREE or
CREATIVE COMMONS
LICENSED CONTENT
@reneehobbs #gaetc15

47. Licensing and Permissions
@reneehobbs #gaetc15

48. @reneehobbs #gaetc15

49. BE AWARE:
Licensing
Trumps
Fair Use
@reneehobbs #gaetc15

50. People need to ask
permission & pay a
license fee when
using copyrighted
materials for
promotional or
advertising
purposes
@reneehobbs #gaetc15

51. Advocacy Matters
@reneehobbs #gaetc15

52. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to
circumvent digital rights management (DRM) software that controls access to
copyrighted works.
2. 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
Digital
Millennium
Copyright Act
of 1998
@reneehobbs #gaetc15

53. The Results of our Advocacy
2012. K-12 teachers may unlock DVDs protected by the
Content Scrambling System for creating film clips for the
purpose of criticism or comment.
2015 K-12 teachers and students may use screencasting
software to create short film clips to use in multimedia
projects
@reneehobbs #gaetc15

54. Copyright Law Adapts
to Changes in Technology and Society
@reneehobbs #gaetc15

55. PEER-TO-PEER FILE SHARING
Goals for Today’s Session
@reneehobbs #gaetc15
Learn about the most common misunderstandings that K-12
educators and technology specialists have about copyright
and fair use
Understand the purpose of copyright and learn how to
make a fair use determination
Appreciate the value of becoming a community advocate for
expanding copyright and fair use for digital learning

56. http://mediaeducationlab.com/copyright@reneehobbs #gaetc15

57. SAVE THE DATE!
Summer Institute in Digital Literacy
July 23 – 29, 2016
Providence URI Campus
@reneehobbs #gaetc15
www.mediaeducationlab.com

58. @reneehobbs #gaetc15
Graduate Certificate in Digital Literacy – Univ Rhode Island
www.mediaeducationlab.com

59. Renee Hobbs
Media Education Lab
University of Rhode Island
Harrington School of Communication and
Media
Web: http://mediaeducationlab.com
Twitter: @reneehobbs
@reneehobbs #gaetc15