Yes! You Can Use Copyrighted Material for Digital Literacy

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In this session, Renee Hobbs, Sandy Hayes and Kristin Hokanson explore the importance of copyright and fair use for digital literacy. Participants gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy and appreciate the concept of transformative use. They gain confidence in making a fair use determination and learn how to integrate fair use reasoning into student media production activities. Finally, participants increase their ability to advocate for the fair use of copyrighted materials in digital literacy

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Yes! You Can Use Copyrighted Material for Digital Literacy

  1. 1. Remix Culture is our Culture
  2. 2. TURN AND TALK: How are students in your school using images, videos, music and other copyrighted material in their own creative work?
  3. 3. www.mediaeducationlab.com
  4. 4. Yes! You Can Use Copyrighted Materials for Digital Literacy Sandy Hayes Renee Hobbs Kristin Hokanson Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com @sjhayes8 @reneehobbs @khokanson www.mediaeducationlab.com/copyright
  5. 5. PEER-TO-PEER FILE SHARING Goals for Today’s Session Gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy Appreciate the concept of transformative use and gain confidence in making a fair use determination Learn how to integrate fair use reasoning into student media production activities Increase your ability to advocate for the fair use of copyrighted materials in digital literacy
  6. 6. Renee Hobbs
  7. 7. Sandy Hayes
  8. 8. Kristin Hokanson
  9. 9. Technology makes it easy to: Use and share Copy Modify & Repurpose Excerpt & Quote From Distribute
  10. 10. Owners forcefully assert their rights to: Restrict Limit Charge high fees Discourage use Use scare tactics
  11. 11. See no Evil Close the Door Hyper-Comply How Teachers Cope SOURCE: Hobbs, R. Jaszi, P. & Aufderheide, P. (2007). The cost of copyright confusion for media literacy education. Center for Social Media: Washington, D.C.
  12. 12. 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
  13. 13. 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 Not the Law
  14. 14. 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!
  15. 15. It’s time to replace old knowledge with accurate knowledge
  16. 16. What is the purpose of
  17. 17. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
  18. 18. EVERYTHING IS COPYRIGHTED
  19. 19. 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.
  20. 20. Copyright law enables people to control the creative works they produce LOVE HATE
  21. 21. 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
  22. 22. EVERYTHING IS COPYRIGHTED …BUT THERE ARE EXEMPTIONS
  23. 23. The Doctrine of Fair Use Copyright Act of 1976 Section 107
  24. 24. 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 Copyright Act of 1976 Section 107
  25. 25. 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
  26. 26. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
  27. 27. 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.
  28. 28. CREATIVE AUTHORS MUST ASK THREE CRITICAL QUESTIONS TO MAKE 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
  29. 29. Using Copyrighted Materials in Creative Work . CASE 1. Someone teaching an online graduate class demonstrates effective storytime read-aloud practices 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 combining images from the picture book with audio narration of the text. CASE 3. Someone uses a variety of different copyrighted images to create a book trailer for a children’s picture book.
  30. 30. Using Copyrighted Materials in Creative Work . CASE 1. Someone teaching an online graduate class demonstrates effective storytime read-aloud practices by creating an educational video that features a teacher reading aloud from a picture book.
  31. 31. Using Copyrighted Materials in Creative Work . CASE 2. Someone creates a video of a children’s picture book by combining images from the picture book with audio narration of the text.
  32. 32. Using Copyrighted Materials in Creative Work . CASE 3. Someone uses a variety of different copyrighted images to create a book trailer for a children’s picture book.
  33. 33. PEER-TO-PEER FILE SHARING Goals for Today’s Session Gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy Appreciate the concept of transformative use and gain confidence in making a fair use determination Learn how to integrate fair use reasoning into student media production activities Increase your ability to advocate for the fair use of copyrighted materials in digital literacy
  34. 34. Hannah & Michelle Model Image Critique
  35. 35. If it’s not transformative, it’s not fair use. But you can always ask for permission.
  36. 36. from Nancy Sims, a lawyer and the Copyright Program Librarian at the University of Minnesota Libraries “Often, presenters consider their use of an image to be fair use – and often they think that giving proper credit is part of fair use. This is a misconception: no URL, citation, or attribution is required under fair use – and if the fair use is not fair, no URL, citation, or attribution will make it so.” . . . and remember: “Images by Google” is not a source
  37. 37. Copyright Law Adapts to Changes in Technology and Society
  38. 38. RIPPING DVDs is ILLEGAL Digital Millennium Copyright Act of 1998
  39. 39. Results of Our Advocacy K-12 teachers may legally 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. www.copyright.gov/1201
  40. 40. K-12 TEACHERS LIBRARIANS & EDUCATORS WORKING IN NON-PROFIT ORGS K-12 STUDENTS
  41. 41. Fair Use is a User Right
  42. 42. Fair Use is Essential for Education in a Digital Age
  43. 43. PEER-TO-PEER FILE SHARING Goals for Today’s Session Gain knowledge about U.S. copyright law as it relates to the most common instructional practices in digital literacy Appreciate the concept of transformative use and gain confidence in making a fair use determination Learn how to integrate fair use reasoning into student media production activities Increase your ability to advocate for the fair use of copyrighted materials in digital literacy
  44. 44. Yes! You Can Use Copyrighted Materials for Digital Literacy Sandy Hayes Renee Hobbs Kristin Hokanson Email: shayes@isd726.org Email: hobbs@uri.edu Email: kristin@mediaeducationlab.com @sjhayes8 @reneehobbs @khokanson www.mediaeducationlab.com/copyright

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