http://mediaeducationlab.com/copyright
Critical Thinking, Reflection & Ethics Using Technology Tools Well Self-Expression & Creativity Teamwork & Collaboration M...
 
 
To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
<ul><li>Use and share </li></ul><ul><li>Copy  </li></ul><ul><li>Modify & Repurpose </li></ul><ul><li>Excerpt & Quote From ...
<ul><li>Restrict </li></ul><ul><li>Limit </li></ul><ul><li>Charge high fees </li></ul><ul><li>Discourage use </li></ul><ul...
See no Evil Close the Door Hyper-Comply
NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES  AND EDUCATIONAL GROUPS Agreement on Guidelines for Classroom Copying in Not...
The documents created by these negotiated agreements give them  “the appearance of positive law. These qualities are merel...
with accurate knowledge
EVERYTHING  IS COPYRIGHTED … BUT THERE ARE EXEMPTIONS
--Section 107 Copyright Act of 1976 For purposes such as  criticism, comment,  news reporting, teaching (including multipl...
“ It not only allows but  encourages socially beneficial uses of copyrighted works  such as teaching, learning, and schola...
 
Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
An Example of Transformative Use <ul><ul><li>The purpose of the original: To generate publicity for a concert.   </li></ul...
<ul><li>Did the unlicensed use  “transform” the material taken from the copyrighted work by using it for a different purpo...
 
 
 
 
<ul><li>Educators can: </li></ul><ul><li>make copies of newspaper articles, TV shows, and other copyrighted works and use ...
Organizations Supporting the Code of Best Practices Action Coalition for Media Education (ACME) National Association for M...
National Council of Teachers of English (NCTE) has adopted the  “Code of Best Practices in Fair Use for Media Literacy  Ed...
Elementary School Case Study:   P.S. 124 The Silas B. Dutcher School Brooklyn, NY High School Case Study:   Upper Merion A...
 
The Code of Best Practices Helps <ul><li>To educate educators themselves about how fair use applies to their work </li></u...
Communities of Practice Assert Their Fair Use Rights
<ul><li>RIPPING.  Criminalizes the use of technology, devices, or services intended to circumvent digital rights managemen...
 
<ul><li>The Results of our Advocacy </li></ul><ul><li>Users may unlock DVDs protected by the Content Scrambling System whe...
SHARE THE GOOD NEWS!
http://mediaeducationlab.com
 
Copyright? What ’s Copyright? Users ’ Rights, Section 107
Flexible Licensing Schemes: Some Rights Reserved Creative Communities Develop Codes of Best Practices for Fair Use Open So...
 
Contact: Renee Hobbs Temple University Media Education Lab Philadelphia PA Email: renee.hobbs@temple.edu Phone: (215) 204-...
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Hobbs namle 2011 copyright clarity

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  • Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress: “ 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.
  • http://copyrightconfusion.wikispaces.com
  • Hobbs namle 2011 copyright clarity

    1. 1. http://mediaeducationlab.com/copyright
    2. 2. Critical Thinking, Reflection & Ethics Using Technology Tools Well Self-Expression & Creativity Teamwork & Collaboration Media Literacy Critical thinking about media & technology + Composing using media & technology For what purpose? To build critical thinking and communication skills
    3. 5. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
    4. 6. <ul><li>Use and share </li></ul><ul><li>Copy </li></ul><ul><li>Modify & Repurpose </li></ul><ul><li>Excerpt & Quote From </li></ul><ul><li>Distribute </li></ul>
    5. 7. <ul><li>Restrict </li></ul><ul><li>Limit </li></ul><ul><li>Charge high fees </li></ul><ul><li>Discourage use </li></ul><ul><li>Use scare tactics </li></ul>
    6. 8. See no Evil Close the Door Hyper-Comply
    7. 9. NEGOTIATED AGREEMENTS BETWEEN MEDIA COMPANIES AND EDUCATIONAL GROUPS 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!
    8. 10. 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
    9. 11. with accurate knowledge
    10. 12. EVERYTHING IS COPYRIGHTED … BUT THERE ARE EXEMPTIONS
    11. 13. --Section 107 Copyright Act of 1976 For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research
    12. 14. “ 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
    13. 16. Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)
    14. 17. An Example of Transformative Use <ul><ul><li>The purpose of the original: To generate publicity for a concert. </li></ul></ul><ul><ul><li>The purpose of the new work: To document and illustrate the concert events in historical context. </li></ul></ul>
    15. 18. <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>
    16. 23. <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>
    17. 24. 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)
    18. 25. 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
    19. 26. 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
    20. 28. The Code of Best Practices Helps <ul><li>To educate educators themselves about how fair use applies to their work </li></ul><ul><li>To persuade gatekeepers, including school </li></ul><ul><li>leaders, librarians, and publishers, to accept well-founded assertions of fair use </li></ul><ul><li>To promote revisions to school policies regarding the use of copyrighted materials that are used in education </li></ul><ul><li>To discourage copyright owners from threatening or bringing lawsuits </li></ul><ul><li>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></ul>
    21. 29. Communities of Practice Assert Their Fair Use Rights
    22. 30. <ul><li>RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. </li></ul><ul><li>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 </li></ul>Digital Millennium Copyright Act of 1998
    23. 32. <ul><li>The Results of our Advocacy </li></ul><ul><li>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. </li></ul>
    24. 33. SHARE THE GOOD NEWS!
    25. 34. http://mediaeducationlab.com
    26. 36. Copyright? What ’s Copyright? Users ’ Rights, Section 107
    27. 37. Flexible Licensing Schemes: Some Rights Reserved Creative Communities Develop Codes of Best Practices for Fair Use Open Source Business Models Make Copyright Obsolete
    28. 39. Contact: Renee Hobbs Temple University Media Education Lab Philadelphia PA Email: renee.hobbs@temple.edu Phone: (215) 204-3255 Twitter: reneehobbs Web: http://mediaeducationlab.com

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